On Thursday, the American Civil Liberties Union (ACLU) of Virginia announced that they had filed two lawsuits against the Virginia Department of Education (VDOE), challenging the department’s 2023 model policies on behalf of two transgender students. The lawsuits, in partnership with Freshfields Bruckhaus Deringer LLP, allege that the new model policies fail to reflect “evidence-based best practices” for the inclusion of trans students in public schools, a requirement under Virginia law.
Senior ACLU Transgender Rights Attorney, Wyatt Rolla, stated that these policies “contradict both their legal mandate and the evidence-based best practices they’re supposed to reflect” and that they had already led to instances of discrimination that violated both state and federal law.
Freshfields Co-Counsel and Partner Andrew Ewald criticized the model policies for their detrimental effects on transgender and nonbinary students. He raises questions about the intentional exclusion of gender-nonconforming students, thus leading to harmful and discriminatory treatment at school.
The plaintiffs, Jane Doe, a high school student, and Lily Loe, a middle school student, have both experienced the negative impacts of these policies. Jane Doe was not addressed by her preferred first name by her teacher and Lily Loe was prevented from participating in a girl’s sports team due to her transgender identity.
This is not the first time the ACLU has shown concern over these model policies. They previously expressed concerns, following the policies’ release in July 2023, stating that they risked out trans students to their parents and limited those students’ access to restrooms appropriate to their gender identity.
The 2023 guidelines also require parental permission for correct name usage and personal counseling. However, critics, including one of the plaintiff’s parents, argue that these guidelines do the opposite, restricting both parental and educational rights and negatively impacting the student’s wellbeing.
The ongoing protections and accommodations for LGBTQ+ students is a significant topic of debate. According to the ACLU, there are currently 11 anti-LGBTQ+ bills in the Virginia state legislature. Other states such as Iowa and Ohio also have their own legislative challenges to rights of transgender students.
A 2023 report by the Trevor Project revealed that 53 percent of LGBTQ+ students had been verbally harassed at school due to their perceived identity. The report found that lower rates of depression and suicide attempts were recorded when schools were perceived as being more gender-affirming.
With this ongoing lawsuit, the ACLU is calling for a reevaluation of the VDOE’s approach to the inclusion and protection of trans students in public schools.