The Hanover County School Board passed a transgender policy crafted with help from conservative legal group the Alliance Defense Fund. The policy includes an extensive process for transgender students to request access to their preferred bathroom, including allowing the board to request the student’s criminal history documents.
Board member Robert Hundley, Jr., asked to amend the policy to remove that part of the policy, but the board voted against the amendment.
Member George Sutton defended that requirement and cited the Loudoun County Public Schools’ botched handling of bathroom assaults.
“Keep in mind if we’re considering where, for example, a biological boy is going to be allowed access to the girl’s bathroom and there was any criminal activity in that person’s background that relates to this type of situation, we would want to know about that. I would think our people would want to know about that,” he said.
Students and their guardian must submit written requests to school administration, alongside information potentially including statements from the student, a physician or therapist, from the parent or guardian, disciplinary or criminal records, “information related to the privacy and safety of other students,” and documents from other interested parties.
In Tuesday’s special meeting the board voted 5-2 to approve the policy.
Member John Redd explained his “no” vote, saying he disagreed with the Fourth Circuit Court of Appeals’ decision in Grimm v. Gloucester County School Board.  According to Justia, in that case the court held that the Gloucester board’s bathroom policy excluding a transgender male from the boys’ bathrooms was sex-based discrimination.
“I acknowledge that Hanover must comply with the requirements of the Grimm case. However, in my opinion, the Fourth Circuit has handed down bad judicial law. The Fourth Circuit has removed our opportunity to negotiate a bathroom policy that is mutually acceptable to parents of transgender students and parents of cisgender students,” Redd said. “I am sympathetic to the needs of our students on each side of this issue, and sympathetic to the need for a policy that will protect our teachers and administrators from exposure to lawsuits. But I am not in favor of the policy that has been presented here.”
Virginia law orders school boards to pass transgender policies that are in line with model policies. Virginia’s model policies warn that teachers and staff should not disclose a students’ gender identity to others, including families, if the student wishes to keep it private. However, questions about enforcement of those model policies remain, and a 2021 court decision suggested that the policies are only guidance.
The ACLU Virginia has sued the Hanover County School Board over its March decision to receive assistance from the ADF in crafting the Hanover policy.
When asked about the extent of ADF’s involvement in crafting the policy and if it was meant to create roadblocks for transgender students, the ADF responded with a statement from Vice President of Legal Strategy Ryan Bangert: “The Hanover County School Board is committed to carrying out the critical task of providing excellence in education for their students while adhering to the law and advancing a culture that demonstrates dignity and respect for all students and staff who are part of the community. We look forward to serving the board by providing legal advice that accomplishes these goals.”
In response to a similar request, board Chairman John Axselle III said, “After months of discussion, public comment and consideration the school board voted last night to adopt Policy 7-1.7 pertaining to restroom and locker rooms. On behalf of the school board, I do not have anything further to add to this other than what was discussed and decided upon at last night’s meeting. We look forward to the start of the school year next week and continuing to provide all of our students with a top-tier education.”
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Eric Burk is a reporter at The Virginia Star and The Star News Network. Email tips to [email protected].
Photo “Hanover County School Board” by boarddocs.com.Â
