STAFFORD — The Stafford County School Board is considering new revisions to its existing nondiscrimination policy that are raising unanswered questions.
One of the biggest proposed changes is the inclusion of protections based on sexual orientation and gender identity; however, many questions still remain as to how these anti-discrimination protections will be carried out by the county and how the policy will affect students and teachers directly.
The proposed additions come nearly nine months after an incident last October in which a transgender student was denied access into either locker room during an active shooter safety drill.
While originally the Board had planned to vote on a new policy addressing transgender bathroom usage in late February, the issue got pushed aside when the School Board instead ordered a county-wide redistricting of its elementary schools and underwent its annual budget process.
At the Board meeting on June 25, members discussed the legal implications of carrying out the non-discrimination policy that addresses sexual orientation and gender identity. This policy is different and broader than the specific transgender policy Superintendent Scott Kizner originally drafted.
“Before we have to vote on this, I would appreciate it if we could have an independent legal counsel look at this and tell me and the rest of the Board what we have ahead of us,” said Irene Egan, Aquia District.
The policy has already undergone some legal vetting under the request of Kizner to ensure that it doesn’t break any state or federal laws.
“I already have addressed this with your school attorney who completely has indicated that you have every right to go above the law,” Kizner said.
Regardless, the policy has received some public backlash from those who spoke out against it during the citizen comment period.
“I generally want to warn this Board about the impacts of adopting these policies, specifically with the terms sexual orientation and gender identity,” said Josh Hetzler, a legislative counsel at The Family Foundation of Virginia. “I believe that they implicate significant legal and constitutional concerns.”
Some speakers shared their opposing opinions and advocated for the passage of the policy.
“This is an incredible time that we can empower and uplift every educator and student now and in the future of this division like never before,” said Christian Peabody, music teacher at Falmouth Elementary. “We need it, it’s overdue.”
Sexual orientation and gender identity weren’t the only proposed additions to the anti-discrimination policy.
The revisions broaden the range of protections by including pregnancy, childbirth or related medical conditions, marital status, and genetic information. It also changes the wording of “disability” to “mental or physical disability.”
Furthermore, the Board has proposed an additional policy beyond the Equal Employment policy that is being revised. This new policy, titled Equal Educational Opportunity, has similar wording to the Equal Employment Opportunity policy; however, it specifically addresses students.
The next school board meeting will be on July 16 in which the Board plans to revisit and address the proposed policies.
