A Win for LGBTQ+ Students – By Apal Upadhyaya

LCPS made national headlines in August for debates surrounding Policy 8040, which includes rights for transgender students, but what exactly is defined in the policy?

Last year, the Virginia General Assembly voted to require public schools to adopt inclusive policies for transgender and gender non-conforming students by the 2021-2022 school year. In the Pursuant to the Code of Virginia, 22.1 – 23.3 , the Virginia General Assembly required the Virginia Department of Education (VDOE) to develop policies to accommodate transgender students. The Virginia DOE developed a policy in accordance with that law in order to set a precedent for public schools across the commonwealth. LCPS’ Policy 8040 is a result of the Virginia DOE’s push for making and codifying policies in all Virginia counties. However, there are holes in the law that raise suspicions about how effective the law will be in public schools across the commonwealth. Specifically, with transgender student participation in sex -specific school activities and events. The law leaves the decision surrounding athletics to individual counties in Virginia. 

“Student participation in sex-specific school activities and events and use of school facilities,” section 8 of the Pursuant to the Code of Virginia 22.1 – 23.3 said, “Activities and events do not include athletics.”

One of the key issues surrounding the debate of transgender students in schools is how student athletes should participate in schools. However in LCPS’ Policy 8350 and Policy 8040, LCPS handles this issue much clearer than in the Pursuant to the Code of Virginia  22.1 – 23.3. LCPS notes that LCPS staff have to allow transgender and gender-expansive students to participate in activities in line with their gender identity. 8040 also lists that students participating in the Virginia High School League (VHSL) have to comply with the organization’s rules and regulations.

“All students,” Policy 8040 states in section B,  “including transgender and gender-expansive students, participating in programs sponsored by the Virginia High School League (VHSL) or other interscholastic organization shall comply with policies and rules outlined by those organizations.”

Another important point in LCPS’s Policy 8040 is transgender students’ rights in a school setting. One of the key rights codified by 8040 is how students identify themselves using preferred names and pronouns. Policy 8040 states that all school staff must use the name and pronouns that correctly portray a student’s gender identity. This is implemented regardless of the name and gender recorded in a student’s educational record. Once the name is used in a school setting, it will be used by all staff with the correct pronouns. The Champe administration works to help students by educating staff members and other individuals to help students with meeting their needs for their health and safety in a school environment. 

“I have a lot of classmates that are transgender, ”Senior Sara Khattak said. ”“They have the right to learn and grow the same as everyone else. There are lots of genderqueer people at school and online. It’s important to make adjustments to include them.”

A lot goes into making policies that reflect a need for students. For example, one issue being handled in Loudoun County are issues surrounding bathrooms for gender-expansive or transgender students who are uncomfortable using the assigned male and female restrooms. At Champe, the signage on a few staff bathrooms reflect that they are gender neutral. However, many decisions and ways to implement policies to support transgender are still being discussed in order to reflect the needs of these students. 

“There are a great deal of layers involved in all decisions.” Assistant Principal Mr. Wright said. “None of them are made at a moment’s notice and the input of all stakeholders is sought out. Although you can never please everyone, decisions are made to aid those in need of support.”