Treatment of Transgender Students 5-7.1

School Board of the City of Virginia Beach
Regulation 5-7.1

STUDENTS

Treatment of Transgender Students

The School Division respects students’ variations in sexuality, gender identity, expression, and/or presentation. Students are entitled to a safe and positive learning environment regardless of their sexuality, gender identity, expression, and/or presentation.

1. Confidentiality of information
   1. All school personnel shall adhere to legal standards of confidentiality relating to information about a student’s gender identity, legal name, or sex assigned at birth.
   2. In addition to adhering to all legal standards of confidentiality, school personnel shall treat information relating to a student’s gender identity as particularly sensitive and shall not disclose it to other students and other parents.
   3. Disclosure of such information may only be made to other school personnel with a legitimate educational interest.
   4. No policy, guidance, training or other written material issued by the School Division may encourage or instruct teachers to conceal material information about a student from the student’s parent, including information related to gender. Provided that the School Division will comply with all laws that prohibit disclosure of information to parents, including but not limited to Code of Virginia § 22.1-272.1 (B), as amended, (prohibiting parental contact where student is at imminent risk of suicide related to parental abuse or neglect).
2. Student name and gender pronouns
   1. Names and nicknames

      School personnel shall refer to each student using only: a) the name that appears in the student’s official record; b) a nickname that the eligible student or the parent of a minor student has designated in the student’s official record; or c) nicknames commonly associated with the name in the student’s official record. If the parent notes that the nickname supersedes the official name, the nickname is to be used. Names, titles, or nicknames, associated with academic instruction or extracurricular activities may refer to a student without being noted in the student’s official record.

   2. Student pronouns

      School personnel shall refer to a student using only: a) the pronoun associated with the student’s sex or gender identity as set forth in the student’s official records; or b) the pronoun the eligible student or the parent of a minor student has designated in the student’s official record. The pronouns recognized by the School Division will be he, she, or they. An eligible student or the parent of a minor student requesting a different pronoun other than those listed in this item should notify the principal designee.

   3. Notwithstanding the provisions of (B)(1) and (B)(2) of this Regulation, school personnel shall refer to a student by a name other than the one in the student’s official record, or by pronouns other than those appropriate to the sex appearing in the student’s official record, only if an eligible student or the parent of a minor student has instructed the School Division in writing that such other name or pronoun be used.
   4. Use of a student’s designated names, nicknames, and pronouns
      1. School personnel and students who are not informed by the School Administration of the designated names, nicknames and pronoun in the student’s official record will not be found to have discriminated against or harassed the student for not using the designated names, nicknames, or pronoun.
      2. Inadvertent or mistaken use of a name, nickname and/or pronoun not listed in the student’s official record will not constitute discrimination or harassment if the School Administration determined that there was no ill will or intention to intimidate or harass the student. Reasonable efforts will be made to inform the person not using the student’s designated names, nicknames, and pronoun.
      3. Notwithstanding the other provisions of this Regulation, the 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.
   5. Students requesting consultation regarding gender

      At the request of a parent of a minor student, the school should designate an administrator or counselor to speak, together with the student’s parent, with the student regarding questions pertaining to gender. Eligible students may consult with an administrator or counselor regarding gender at their discretion.

   6. Student official records will reflect the legal name and sex

      Student records (i.e. birth certificate, Student Information System, final transcript) that require the student’s legal name and sex as designated in the student’s or former student’s official record will so reflect those, unless the eligible student or the parent of a minor student submits a legal document (such as a birth certificate, state or federal issued identification, passport or court order substantiating the change in the student’s legal name or sex.

3. Participation in school activities and events- not competitive sports

   Sex and gender-based practices should be limited to serve legitimate, educational goals or for otherwise non-discriminatory purposes. The following should be considered and implemented when practicable.

   1. Sex and gender grouping for class activities or school sponsored events should not be used unless necessary to accomplish the purpose of the activity or event.
   2. Single-sex or single-gender activities or programs should not be based on generalizations or stereotypes about different talents, capacities, or preferences of any sex or gender.
   3. For any school program, event or activity (including extracurricular activities) that are separated by sex, the appropriate participation of students shall be determined by sex rather than gender or gender identity. The School Division shall provide reasonable modifications to this Regulation to the extent provided by law.

Legal Reference

Code of Virginia § 2.2-3900, et seq., as amended. Virginia Human Rights Act.

Code of Virginia § 22.1-23.3, as amended. Treatment of transgender students; policies.

Adopted by Superintendent: September 28, 2021
Revised by School Board: October 10, 2023