Gov. Youngkin’s Transgender Policy Has No ‘Teeth,’ Says Loudoun County School Board Member

Gov. Youngkin’s Transgender Policy Has No ‘Teeth,’ Says Loudoun County School Board Member
A gender neutral sign is posted outside a bathrooms at Oval Park Grill in Durham, N.C., on May 11, 2016. (Sara D. Davis/Getty Images)
Masooma Haq
8/30/2023
Updated:
8/30/2023
0:00

Gov. Glenn Youngkin’s administration recently released new guidance for public schools on transgender issues and requires students to only use facilities and play on sports teams that are associated with their biological sex. Several of Virginia’s school districts have publicly taken a stand against the Youngkin policy. Loudoun County school board member Tiffany Polifko believes Youngkin cannot do much against these school districts because the model policy does not have legal weight.

Polifko said Parents have been “starved” of their rights because under Northam schools did what they wanted without telling parents. Although Youngkin’s model policy appears to be a win for parental rights, parents cannot just sit back and think that their and their child’s rights are guaranteed said Polifko.

“A policy like this does not have any teeth, because it is not law,” said Polifko said during an Aug. 21 radio interview with Vince Coglianese.

There are no consequences for school systems that choose not to adopt Youngkin’s model policies, they’re not going to lose their funding, and at most individuals can come forward and sue the school system, said Polifko.

At first glance the policy seems to be meaningful and giving parents back their rights, but with a deeper look into the policy it’s clear more is needed to honestly give parents their rights back, said Polifko.

“What’s not to like about this, right? We’re going to uphold First Amendment rights. We’re going to make sure that the 14th Amendment is honored. We’re going to make sure that parents have a say because they’re the ones who should be directing the education and upbringing of their children.”

However, Polifko believes there are two key issues with the model policy.

“Number one, we need to ask questions about what it looks like when parents are going to have to opt their children out of sharing a restroom with students who identify as transgender,” said Polifko.

Polifko thinks the school district’s procedure for opting kids out of transgender bathrooms does not have specific steps and options for parents who do not subscribe to the transgender ideology.

Secondly, although the model policy cites a very important Supreme Court case Troxel v. Granville, that upheld parents’ rights to raise their children, Polifko believes there is a loophole in the model policy because it references Virginia code 22.1- 272.1B, the second part of which states that the school has the “Responsibility to contact parent of student at imminent risk of suicide; notice to be given to social services if parental abuse or neglect.”
A Loudoun County resident holds a sign of Loudoun County Public Schools (LCPS) Superintendent Scott Ziegler’s email on May 28, 2021—notifying the school board of a sexual assault case in a high school bathroom—outside the LCPS administration building in Ashburn, Va., on Nov. 9, 2021. (Terri Wu/The Epoch Times)
A Loudoun County resident holds a sign of Loudoun County Public Schools (LCPS) Superintendent Scott Ziegler’s email on May 28, 2021—notifying the school board of a sexual assault case in a high school bathroom—outside the LCPS administration building in Ashburn, Va., on Nov. 9, 2021. (Terri Wu/The Epoch Times)

“That is something that should scare every single parent because we see what’s happening right now. Across the country, with the notion that if you don’t affirm a child, they’re going to commit suicide. And if a child comes in and says, I’m suicidal because my parents aren’t going to accept the position that I’m in, they’re not going to accept the fact that I identify as trans,” said Polifko.

“I cannot give my rubber stamp of approval just because Governor Younkin says parents matter and throws out a few freedom cries.”

One of the key arguments used by leftist school officials to advocate for secrecy from parents is that the child is at risk of emotional or physical harm from the parent or will commit suicide if the school counselor/staff tells the parents about the change in gender.

Meanwhile, Virginia’s Attorney General Jason Miyares recently issued an opinion (pdf), confirming that the Virginia Department of Education’s “Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools” complies with federal and state nondiscrimination laws.

The Epoch Times reached out to Youngkin’s office for comment and to ask about Polifko’s concern.

“My understanding is that based on where we’re at, there is no mechanism in the model policy statute to punish the school board if they fail to adopt these model policies,” Polifko said.

As far as Loudoun County Public Schools’ adoption of the new policy, Polifko said it will take some time before there is a response from her district and the Loudoun County School Board because there is a process where subcommittees consider the policy and then present it to the whole board for a vote.

Masooma Haq began reporting for The Epoch Times from Pakistan in 2008. She currently covers a variety of topics including U.S. government, culture, and entertainment.
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