Parents file lawsuit after school board shoots down red state’s model transgender policies

Two parents filed a lawsuit against the Virginia Beach School Board for voting down proposed policies that pertain to keeping parents informed about their child’s identity.

The state’s Department of Education released the model policies in July and claimed that this step would “safeguard parent’s rights.” The school board opted out of adopting the policies in August, resulting in the parents, represented by the Cooper and Kirk law firm, suing to try and force the district to adopt them, according to court documents.

“Rather than respecting the rights of parents and students, the School Board continues to maintain policies that threaten punishment for students who decline to affirm gender transition with biologically inaccurate pronouns,” Clark Hildabrand, the parents; attorney, told the Daily Caller News Foundation. “The Virginia Department of Education’s Model Policies better respect and protect the fundamental right of Virginia parents to make decisions concerning the upbringing, education, and care of their children. Virginia law requires all school boards to adopt the Model Policies, so the Virginia Beach School Board violated Virginia law by refusing to replace its inconsistent regulations with the Model Policy.”

The proposed model policies require educators to keep parents informed if their child begins expressing a different gender identity, and if the student wants to participate in sports opposite their biological sex. Parents can also request that their child be allowed to use a single-sex bathroom if they have concerns regarding the “privacy and safety” of their child.

The board discussed the policies for weeks before being split by a 5-5 vote on Aug. 22, with one member abstaining, effectively killing the proposal from moving forward, according to WVEC, a local media outlet. Other school boards, such as the Amherst County School Board, also decided against adopting Republican Virginia Gov. Glenn Youngkin’s policies.

Republican Virginia Attorney General Jason Miyares released an opinion on the issue on Aug. 24, and called on schools to implement the proposal.

“Parents, not government, are in the best position to work with their children on important life decisions, and no parent signs up to co-parent with the government,” Miyares said. “In fact, the rights of parents are one of our oldest and most fundamental liberty interests. The Model Policies ensure that all students are treated with dignity and that parental involvement remains at the center. These policies are fully compliant with the law, and school boards across the Commonwealth should support and implement them. It’s not just common sense, it’s the law.”

VBSD did not immediately respond to the DCNF’s request for comment.

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