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Virginia Beach School Board passes amended transgender model policies in 9-1 vote

The board voted 9-1 to pass the '2023 Model Policy Updates.' Board Member Jessica Owens was the lone 'no' vote, while Beverly Anderson abstained.

VIRGINIA BEACH, Va. — The Virginia Beach School Board voted to pass model policies on transgender students in a 9-1 vote Tuesday night. 

The model policies, finalized by Gov. Glenn Youngkin's administration, are also criticized by advocates that say they target LGBTQ+ students.

"Do the right thing. Reject these policies that harm and endanger our LGBTQ students. Be the good guys," one parent said Tuesday night. 

"I don't want the 2023 model policies to be adopted," another speaker told the board. "I do not want the students to not be able to express who they are or to be outed to their parents. I want them to have a safe place to go."

Tuesday's adoption comes after a vote to adopt the policies failed in August. Since then, school board members have held several meetings to discuss how they want to implement the policies. Since at least July, board members have heard close to 50 speakers per meeting with strong opinions on whether or not to adopt.

"Your constituents overwhelmingly want these policies passed without being grossly altered," said one speaker.

"Stop with the virtue signaling. Stop with the antics," said another.

School leaders said the '2023 Model Policy Updates' are 'consistent with' the Department of Education's version, which is something Governor Youngkin has said is acceptable in past interviews.

Students will be required to use the sex listed on their official record for bathrooms, school activities and their biological sex for VHSL sports that are separated by sex. The policies also require written instruction from parents for a student to use names or gender pronouns that differ from the student’s official record. 

However, nicknames commonly associated with the name in the student’s record will be accepted. 

The policies also say divisions must disclose information about a student’s gender to their parents.

To view the changes in the policy, click here.

Board Member Jessica Owens was the lone 'no' vote.

"My sticking point being the issue of not being able to address students in the manner that they would like to be addressed," she said.

Board Member Beverly Anderson abstained, saying she couldn't get behind teachers not being allowed to call students what they want to be called.

Board Member Kathleen Brown, however, was one of the people who voted 'yes.'

"I believe that these policies will support parents," she said before the vote.

Board member Kimberly Melnyk was brought to tears by her decision to approve the policies.

"I know our teachers are going to do the very best they can with what they have and they are going to continue love and protect all of their students," Melnyk said. 

In a statement after the vote was taken, Acting Superintendent Dr. Don Robertson thanked all of the students who have spoken at the podium for months, saying they are still committed to a safe environment for all students.

"We have a collective responsibility to address topics, such as the treatment of transgender students, with necessary compassion and respect for all students," he said. "The Department of Education also acknowledges the rights of parents to exercise their fundamental rights, protected by the 14th Amendment." 

The policies were finalized in July. Under a Virginia law signed by Northam in 2020, the Virginia Department of Education is required to develop model policies for transgender students, which school divisions can either adopt consistent with or more comprehensive than the model. 

The law said the policies should ensure compliance with nondiscrimination laws, maintenance of a safe and supportive learning environment and prevention of bullying and harassment.

Both Gov. Glenn Youngkin and Virginia Attorney General Jason Miyares have argued that school boards are legally required to adopt the policies, or policies consistent with what the state rolled out, but several school systems have declined to adopt them. 

LGBTQ advocates and organizations have criticized the policies over language they say is discriminatory against transgender youth.

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