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The Suffolk School Board’s Policy Review Committee introduced proposed changes to the Transgender Policy during the April 10 Board meeting. Significant changes to the current policy have been proposed to “make it more precisely in line with the governor’s mandate that was issued … 2023,” Board Chair Heather Howell said.

The proposed policy amendments include reducing the number of transgender-related definitions from 12 to three, increasing parental oversight, mandating the use of birth certificate pronouns, and specifying that athletics and bathroom use must correspond to sex, not gender.

School Board member and Policy Review Committee Chair Kimberly Slingluff asked other Board members to send any comments or questions about the proposed amendments to the committee prior to its next meeting on April 24. 

Vice Chair Sean McGee and Board member Karen Jenkins also serve on the Policy Review Committee.

Based on a chart created by Board Attorney Wendell Waller comparing the current policy to the proposed amendments, the topics of definitions, discrimination laws, counseling services, confidentiality, counselors, use of pronouns by students and employees, disclosure of record information, athletics, and bathrooms could change.

The current policy includes the following definitions: cisgender, eligible student, gender, gender expansive/gender diverse/gender fluid/gender nonbinary/agender/gender queer, gender expression, gender identity, gender nonconforming, gender transition, LQBTQ+, nonbinary, parent(s), sex, sex assignment, transgender, and transgender student.

The proposed policy will include only the definitions of “parent(s),” “sex,” and “transgender student.”

The current policy explicitly prohibits gender identity discrimination, stating SPS “prohibits any and all discrimination, harassment, and bullying based on an individual’s actual or perceived race, color, national origin, religion, sex, sexual orientation, gender identity, disability, or any other characteristic protected by law. Any incident or complaint of discrimination, harassment, or bullying will be given prompt attention, including investigating the incident and taking appropriate corrective action, by the school administrator.” 

The amended policy would strike this phrase and any other specific mentions of discrimination, harassment, or bullying based on a student’s gender identity. 

The current policy states counseling without parental consent is allowed when the student’s health or safety is at risk. It also specifies information related to a student’s gender identity does not have to be disclosed to a parent if it would “pose a danger to the student’s health and mental wellness.”

The update policy would strike this phrase and others similar, making it mandatory for students under the age of 18 to get parental consent for gender identity counseling services. 

Both policies would specify parental contact to be prohibited “where a student is at imminent risk of suicide related to parental abuse or neglect.”

Under the current policy, students can use pronouns different from official records if medical documentation supports it. Under the proposed policy, students must use pronouns that correspond with the sex listed on their birth record unless otherwise requested from a parent in writing. 

A statement reading, “No employee of Suffolk Public Schools can be compelled to address or refer to any student in any manner that would violate the employees constitutionally protected rights,” may be added to the amended policy.

The current policy states, “Athletic participation regulated by the Virginia High School League (VHSL) or another organization must be in compliance with policies and rules outlined by those organizations.”

The amended statement on athletics states for any athletics or other activities separated by sex, participation of students will be determined by sex rather than gender identity.

 The Board hopes to have a first reading of the updated policy by the end of the month. A vote on the policy is expected during the Board’s May 8 meeting. 

Students are allowed to use bathrooms based on gender identity under the current policy. The amended policy states bathrooms must be used based on sex only, unless federal law requires otherwise.  

The amended policy adds that “where state or federal law requires schools to permit transgender students to share otherwise sex-segrated facilities (such as bathrooms or locker rooms) with students of the opposite sec, parents must be given the right to opt their child out of using such facilities, and the child must be given access to alternative facilities that promote the child’s privacy and safety.” Additionally, “Single-user bathrooms and facilities should be made available in accessible areas and provided with appropriate signage, indicating accessibility for all students.”

Under the amended policy, the section pertaining to LGBTQ+ training for mental health professionals has been completely struck.

Superintendent Dr. John B. Gordon III said there have been no complaints from students or teachers regarding the board’s current transgender policy. 

Under the current policy, Gordon said communication begins with the student to ensure student safety and to preserve student rights. 

“We basically tried to maintain student rights as well as balancing the need to include parent rights,” Gordon said. “So it was almost a mixed blend from Governor Northam and Governor Youngkin’s policies based on the feedback that we have received from the Board, based on some of the legal opinions that Mr. Waller had provided, so that’s kind of where we were at that time when that policy was created.”