YORK COUNTY, Va. — It’s a topic that’s sparked debate across Virginia: Gov. Glenn Youngkin’s 2023 model policies.
Now, the Virginia Department of Education (VDOE) is facing a lawsuit over the controversial guidelines.
The policies require students to use restrooms and play on sports teams that correspond with their biological sex. The rules also require staff members to address students based on the name and gender on their birth certificate.
Youngkin had VDOE create the policies and argued that local school divisions legally must adopt policies that align with them.
Several local school divisions have already adopted these policies, including Newport News, Suffolk, Virginia Beach and Chesapeake just this week.
The American Civil Liberties Union (ACLU) and the law firm Freshfields Bruckhaus Deringer filed two lawsuits Thursday on behalf of two unnamed transgender students in Virginia. The students' names were not shared in the suits for their protection.
The suit argues the model polices discriminate and harm transgender students.
“It’s our view that these policies invite and, in some cases, require discrimination that violates both state and federal law," said Jennifer Loeb, an attorney with Freshfields Bruckhaus Deringer. "There's still state and federal constitutional protections that apply to all students. You don't give up those protections when you enroll in public school."
One of the students in the suit is a high schooler at York County Public Schools. According to the lawsuit, a teacher refused to call the student by her preferred name, despite her mother signing a form which gave permission.
ACLU of Virginia Senior Transgender Rights Attorney Wyatt Rolla told 13News Now that the teacher didn’t face any repercussions because of a provision in the model policy. The provision reads as follows:
"...[School Division] shall not compel [School Division] personnel or other students to address or refer to students in any manner that would violate their constitutionally protected rights."
“This is a situation where a parent directed the school to treat their child a certain way and the model policies were a barrier to that happening," Rolla said.
The lawsuit says the only solution the student was given was to "rearrange her entire class schedule."
"[The student] is now for the rest of her high school career afraid every semester, she could end up with a teacher who's going to disrespect her," Rolla said.
The lawsuits ask the courts to "vacate the 2023 Model Policies and to rule that school districts do not have to adopt them."
While Youngkin’s office has not responded to our request for comment on the suit, the governor previously told 13News Now that the model policy is “completely consistent with federal policies.”
“There’s no light between what they can and can’t do. It’s very clear. The only choice they have is to adopt the model policies as written or adopt policies consistent with them," Youngkin said.
13News Now reached out to the Virginia Department of Education and York County Public Schools. Staff from both say they can’t comment on ongoing litigation.