EC Virginia News

In striking defiance of Gov. Glenn Youngkin's directives, Fairfax County Public Schools (FCPS), Virginia's largest school district, has announced its refusal to adhere to the state's prescribed gender policies, igniting a contentious clash over transgender rights and parental control. In a statement to Fox News, the governor's office warned, "The Fairfax County school board is expected to follow the law."

The administration of Youngkin responded to Fairfax County Public Schools' decision to deviate from state guidance on gender and pronouns, citing the requirement for adherence to model policies outlined by the Virginia Department of Education (VDOE).

"The Virginia law mandates the Department of Education to offer standard policies, and school boards are to follow these guidelines," Youngkin's representative Macaulay Porter told Fox News Digital. "Fairfax County Public Schools' policies differ from the VDOE model, suggesting that FCPS assumes it knows better for children than their parents, contrary to reality. It is anticipated that the Fairfax County school board will adhere to the legal requirements."

These remarks were prompted by FCPS Superintendent Michelle Reid's declaration that the district intends to oppose Youngkin's recent directives regarding bathrooms and pronouns.

Fairfax County Public Schools stated on Aug. 15, "After conducting a thorough legal review, we have found that our existing FCPS policies align with federal and state anti-discrimination laws, as mandated by the new model policies." Further, "Under our existing policies, gender expansive and transgender students in FCPS schools will continue to be addressed by their chosen names and pronouns, in accordance with FCPS Regulation 2603 (V) and federal law. They will also maintain access to facilities, activities and/or trips consistent with their gender identity, as provided by Regulation 2603 (IX) and federal law. Moreover, their privacy will be respected concerning gender expansive or transgender status, legal name or sex assigned at birth, as outlined by FCPS Regulation 2603 and federal law."

In September 2022, the VDOE updated its Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools, highlighting deficiencies in the prior administration's guidelines, which were criticized for neglecting parental rights and important legal and constitutional principles influencing education, particularly for transgender students. The new policies also criticized the past guidelines for promoting a specific cultural and social agenda within schools. These updated policies introduce the separation of school activities by sex and restrict student participation based on the sex assigned at birth rather than gender identity.

Furthermore, students are required to use restrooms corresponding to their assigned birth sex. The "Guiding Principles" section of the VDOE's policies prioritizes parental decision-making rights and aims to ensure that policies are designed to protect and enable parents to oversee their children's education. Additionally, the policies reference the 14th Amendment of the Constitution, which underscores parents' fundamental right to direct the upbringing and education of their children, Fox News reported.