Hanover’s school board was already behind in adopting the policies when it acted last month, unanimously approving policy revisions that allow school officials to “use the name and gender consistent with the student’s gender identity” upon request of the student and parent, but shooting down the more contentious bathroom policy, as its widely known both at the state and federal levels.
Virginia’s law was largely sparked by the Gavin Grimm case. Grimm, a transgender man, sued the Gloucester County School Board in 2015 after it barred him from using the boys restroom. A federal court – the U.S. Fourth Circuit Court of Appeals – ruled that the action taken by the school division was unconstitutional and violated his rights under Title IX, which prohibits discrimination based on one’s sex. This summer, the U.S. Supreme Court declined to hear the case, which means the Fourth Circuit’s decision stands.
School divisions are not required to report their adopted transgender policies to VDOE so it’s unclear how many have or have not adopted the policies.
Locally, Richmond and Chesterfield County adopted transgender policies during the summer that include bathroom and locker room access.
Henrico County has not adopted a specific policy on bathrooms, but school officials have said that all Henrico employees are expected to comply with Virginia laws regarding transgender access to bathrooms and locker rooms.
