Virginia schools are refusing to follow the governor’s transphobic policies

Several school districts in Virginia’s Democratic-leaning regions are flat-out refusing to implement transphobic policies recently handed down by the Virginia Department of Education (VDOE). The policies force students to use bathrooms, pronouns, and names that align with their sex assigned at birth.

The state’s Attorney General Jason Miyares sent a letter on Thursday telling schools that they’re required to follow the policies, but his letter is not legally binding. One legal expert doubts that schools will face any consequences for continuing to ignore the VDOE.

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The Alexandria City, Arlington County, Fairfax County, and Prince William County Public School (PWCS) Districts have all refused to follow the VDOE’s policies which were announced in July. The policies are part of the so-called “parents’ rights” movement that helped elect state Gov. Glenn Youngkin (R) in 2021. This movement seeks to shut down racially- and LGBTQ+-inclusive learning environments, calling such inclusion a form of “woke indoctrination.”

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In an August 17 post explaining its decision to ignore the VDOE’s policies, PWCA wrote, “The purpose of school division policies addressing nondiscrimination is to ensure that all PWCS students and families have access to our educational programs and facilities so they can learn, graduate, and have successful futures. PWCS’ current policies are consistent with federal and state anti-discrimination laws.”

In his own statement, Arlington Public Schools Superintendent Francisco Durán said, “I want our transgender, non-binary, and gender fluid students to hear loud and clear that you belong here, you are valued, and we stand with and support you. I oppose any policy that infringes upon the rights of our students and threatens the safety and well-being of our LGBTQIA+ students.”

Educators at the other aforementioned districts issued similar statements as did the Virginia High School League (VHSL), the body that oversees public school sports programs. The VHSL’s current policy allows trans students to play on teams matching their gender identity as long as they get a VHSL waiver.

Youngkin said he’s “disappointed” by the districts and that legally “there really isn’t a choice” to not follow the VDOE policies, Inside NoVA reported. Virginia Attorney General Jason Miyares also sent a letter to schools on Thursday saying that “school boards across the Commonwealth should support and implement” the policies, but his letter is nonbinding.

The VDOE said that schools will assume “all legal responsibility for noncompliance.” The schools may face political consequences, like being denied state funds, but they’re unlikely to face legal consequences, University of Richmond law professor Jack Preis told WRC-TV.

“In terms of specific legal consequences, those would only flow from a judicial decision,” Preis said. “And we won’t see a judicial decision unless Miyares or an unhappy parent has the power to demand judicial enforcement. It appears unlikely that either of them have that power.”

The administration of President Joe Biden has said that schools may be investigated or denied federal funds if they discriminate against transgender students.

In 2019, a district court ruled that the Gloucester County School Board’s transphobic bathroom policy violated Title IX as well as the Constitution’s Equal Protection Clause. Miyares said this ruling doesn’t “impose a blanket rule forbidding sex-separate facilities in all situations, let alone govern policies related to athletics, access to information, or pronoun usage.”

The VDOE’s new policies threaten to harm the estimated 4,000 transgender students in Virginia among the state’s 1.2 million public school students, The Washington Post reported.