Equality Arlington Calls On Arlington Public Schools to Oppose Discrimination Against Transgender and Nonbinary Students
Dear Ms. Sutton and Dr. Durán,
Arlington Public Schools (APS) has historically shown a strong commitment to protecting vulnerable Arlington students, including LGBTQIA+ and, in particular, transgender and nonbinary students. These students are under attack from multiple state and federal sources, and we urge you to stand strong against these threats, which include:
The U.S. Department of Education’s blatantly political investigation and demands related to Arlington Public School’s non-discrimination policy for transgender students which threaten the safety of this already-vulnerable population.
The Virginia High School League (VHSL)’s ban on transgender girls participating in sports teams that align with their gender identity, violating their Title IX-protected participation.
The Virginia Department of Education’s change to the Commonwealth’s Student Record Collection (SRC) system to only allow male and female gender markers, denying the existence of nonbinary students entirely.
These threats to the rights and wellbeing of transgender and nonbinary students are the latest wave of efforts to erase transgender and nonbinary children from society and they will not be the last. APS must keep fighting back on behalf of these vulnerable students and continue prioritizing student safety, bodily autonomy, and authenticity in their lived identities.
The U.S. Department of Education’s weaponization of the federal government through investigations of school districts, including APS, that refuse to discriminate against transgender and nonbinary students concluded on Friday with the faulty, but predetermined, conclusion that APS is in violation of Title IX. The Trump administration is now demanding that APS force transgender and nonbinary students to use bathroom and locker room facilities that conflict with their gender identities, putting them at risk of further harassment and violence, and remove language pertaining to transgender and nonbinary students from all policies. This would essentially halt APS’ ability to address the documented bullying, isolation, and disconnectedness facing transgender and nonbinary students and put their ability to learn in a safe and supportive school environment at risk. APS must ensure all students have access to safe and appropriate facilities and must not comply with the Trump administration’s egregious and harmful attempts to turn Title IX nondiscrimination protections, in direct violation of the U.S. Court of Appeals for the Fourth Circuit’s ruling in Grimm v. Gloucester County School Board, against the very people the law is intended to protect.
In May, the VHSL implemented their ban on transgender girls’ participation in girls’ sports. APS rightly voted against this discriminatory policy change. The VHSL’s actions are illegal under the U.S. Court of Appeals for the Fourth Circuit’s ruling that Title IX of the Education Amendments of 1972 protects transgender students’ rights in school sports in BPJ v. West Virginia Board of Education. We urge APS to work with the community to explore all options to influence VHSL to reverse its discriminatory policy and to ensure transgender girls are afforded the same social and physical opportunities as their cisgender peers.
Also in May, the Virginia Department of Education changed the reporting requirements for the Commonwealth’s SRC to only allow male and female gender markers in an attempt to erase the legal existence of nonbinary students. The Youngkin administration is now, by removing the ability to use “Other” as a gender marker, trying to use the reporting required by the Every Student Succeeds Act (ESSA) to force students and their families to choose a binary gender against the wishes of students, parents, medical providers, and local school districts. It is imperative that APS fight back against this measure to force parents of nonbinary students to select a false gender marker for the SRC system, which denies them their basic dignity.
APS, through work with organizations like the Arlington Gender Identity Alliance (AGIA), an organization comprised of parents of transgender and nonbinary students, has been a leader in creating a safe and affirming environment for transgender and nonbinary students. These efforts include:
Expanded availability of gender-neutral bathrooms, providing safer private spaces for all students, particularly nonbinary students.
Eliminating the requirement that all students at the secondary school level change into standard uniforms for physical education (PE) which removed a huge participation barrier for transgender and nonbinary students while also enhancing PE access for all students, including students with medical privacy concerns and students with religious and cultural modesty concerns.
Deploying the ability to mask legal names and gender markers in Synergy, APS’ student record system, with preferred names and pronouns to prevent teachers and staff from incorrectly addressing students.
While this implementation has presented challenges, incurred costs, and revealed further learning, we applaud the dedication of the Arlington School Board and APS senior staff to continuing to improve the school system for transgender and nonbinary students. We know that the risks of resistance and non-compliance with these attacks are real — legal battles are expensive and threats to funding present challenges for all of APS’s students and families. However, it is imperative that APS continue to stand up for the Arlington community’s values of dignity and rights for all students. Every victory in this fight improves the life of a vulnerable student. In this time when LGBTQIA+ students and their families are scared for their future, they need to see that their community is fighting for them. APS must continue to do the right thing, even when it’s hard.
We urge the Arlington School Board and APS administration to stand up for the rights of LGBTQIA+ students and take every legal and other appropriate action to oppose and resist the U.S. Department of Education, Virginia High School League, Virginia Department of Education, and any other powerful, but morally bankrupt, organizations intent on harming and discriminating against vulnerable transgender and nonbinary students. APS should be leading its peer school districts across Northern Virginia to develop the strategies needed to protect vulnerable students who have become pawns in the Trump and Youngkin administrations’ culture wars. APS cannot be complicit in the attempts to erase the existence of transgender and nonbinary students. We look forward to supporting APS in their fight for the dignity and safety of its most vulnerable students.
Sincerely,
Kellen MacBeth, President
Samantha Perez, Vice President
Sacha Brenac, Treasurer
Hans Bauman, Board Member
Whytni Kernodle, Board Member
SC Nealy, Board Member
Arne Nelson, Board Member
———
Click here to view this letter as a PDF