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September 13, 2021

The ACLU of Virginia sent Virginia school boards and superintendents a letter on Friday to urge them to adopt the Virginia Department of Education's model policy for transgender and non-binary students. The letter also served as a reminder to school officials that it is illegal to disclose a student's gender identity without their consent, even to their parents or other teachers, and "outing" a student could have severe negative consequences to their safety and well-being.

The Virginia Department of Education was tasked by the General Assembly in 2020 to develop model policies for the treatment of transgender and non-binary students in Virginia's public schools. The policies must be adopted no later than the 2021-2022 school year. While a number of school districts have recently adopted policies in compliance with state law, others have refused to do so. Refusing to adopt these policies is a violation of state law and federal protections against discrimination like Title IX and the 14th Amendment. 

The ACLU of Virginia sent the attached letter to Virginia's school boards and superintendents to remind them that it is their legal obligation to adopt the policies.