FISHERSVILLE — Emily Sproul stood outside of Wilson Memorial High School Thursday night just after 9 p.m. The executive director of theShenandoah LGBTQCenter was in tears.
Many expected that the Augusta County School Board had little choice but to approve nondiscrimination policies aimed at protecting transgender students.
The Virginia Department of Education developed guidelines for treatment of transgender students in responseto House Bill 145 and Senate Bill 161, enacted by Virginia's General Assembly in 2020.By law, schoolboards in the state are required to adopt policies aligning with these guidelines for the 2021-22 school year.
Earlier in July, after Staunton and Waynesboro had passed such policies based on those guidelines, Sproul said she had no idea what Augusta County would do considering the amount of opposition that had spoken at a July 1 meeting.
It turns out Sproul was right to be skeptical. Thursday night at a special called meeting held at Wilson Memorial High School, the board unanimously voted against adopting the policies.
John Ocheltree, who represents the Pastures District on the School Board, made the motion to not accept the policy changes, saying he felt the existing policies were in compliance with federal and state law prohibiting discrimination and harassment.
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Sproul said that Augusta County may think that they don't discriminate or allow bullying of LGBTQ students, but after listening to many of the speakers Thursday she doesn't believe that.
"If the atmosphere in that room tonight is any indication of how their children feel or treat others, and I know there were teachers in that room too, I am so glad that I don't send my child to Augusta County Schools," Sproul said. "That was terrifying."
Of the 39 speakers who addressed the School Board Thursday, 29 were against the policies.
At least one Augusta County teacher spokeagainst the policies.Dale Fairteaches technical education at Beverley Manor Middle School.
"I cannot and will not lie to my students about the laws of physics," Fair said. "In the same way thatI cannot lie to my students about the science of what defines us asmale and female bycalling a male a female and a female a male. Not only would this law that is dictated from the state force me to go against science, but it would force me to go against my creator."
The policy changeshad included, among other things, adding the words "gender identity"to the policy of protected people in the school's anti-bullying and anti-harassment sections of its policies.
But a steady stream of speakers opposed to the changes, citing Bible verses and threatening to vote School Board members out of office if they passed the changes, apparently was enough to convince all seven members to vote in favor of not accepting the changes.
Ray Eppard, a local pastor, was among those against the changes.
"Regardless of what happens tonight," Eppard said. "The November election is going to be a referendum on this issue."
Andrea Kendall, a licensed clinical social worker, told board members that she has worked with transgender youth and that being transgender is not a sign of a mental or moral defect.
"Trans youth, like all children, know down to their core who they are from a very young age," Kendall said. "This is how they were born, this is who they are, it is who they will always be. They are beautiful and precious and deserve to thrive and live to their full potential."
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Kendall said the suicide rate for transgender youth is "frighteningly high," telling the board that, in 2020, 52% of trans and non-binary youth seriously thought about taking their owns lives.
"I have witnessed their pain and agony first hand," she said. "I have sat with them while they sobbed hopelessly trying to help them find a way forward in a world that tells them they should not exist."
Kendall said using preferred pronouns and allowing youth to use the bathroom that matches their gender identity arelife saving measures.
It wasn't long after her speech that the board voted against policies aimed at doing just that.
At its July 1 meeting the Augusta County School Board heard from its attorney, Rodney Young, that there were possible consequences for not adopting these policies. Young said those consequences could involve loss of liability insurance, as well asstate and federal funds.There is achance, he said at the time, that School Board members could be removed from office.
Young also said at that previous meeting thatthere is apossibility that a parent of a transgender child could seek an injunction to mandate the board to adopt the policies.
With the board's decision Thursday, the question now is will Augusta County Schools or the School Board face any of these repercussions.
Another question is about bathroom use.
In June, the United States Supreme Courtdeclined to takea case regarding whether schools can keep students from using the bathroom reflecting their gender identity. Gavin Grimm, a transgender male, was denied access to the boys' bathroom and filed suit in 2015 against Gloucester County in Virginia, saying itviolated his rights under Title IX and the Equal Protection Clause of the 14th Amendment.
The 4th U.S. Circuit Court of Appealsfound in favor of Grimm, saying the school’s policy discriminated against him.The court hears appeals from the nine federal district courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina.
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By not taking up the case, the Supreme Court allowed the 4th Circuit's decision to stand. With that as law now,if a transgender student wants to use the bathroom of their gender identity, can they?
Emily Sproul said she feels those students still have that right in Augusta County despite the vote Thursday night.
"It's just going to be harder," she said. "Rather than having the full support of and a unified voice in support of trans kids, what we're going to have to do is build coalitions among people who care about these kids, who don't want them ending up as another statistic."
Patrick Hite is The News Leader's education and sports reporter. Story ideas and tips always welcome. Contact Patrick (he/him/his) atphite@newsleader.comand follow himon Twitter @Patrick_Hite. Subscribe to usat newsleader.com.
