Virginia Gov. Glenn Youngkin’s restriction on trans students’ rights is probably illegal, experts say
. The legislation called for the Department of Education to “develop and make available to each school board model policies concerning the treatment of transgender students in public elementary and secondary schools that address common issues regarding transgender students in accordance with evidence-based best practices.”to respect a student’s “consistently asserted” gender identity.
Jack Preis, a professor at the University of Richmond School of Law, said the language in the state law might be vague enough to allow the governor’s office to issue the policies, as courts generally defer to agencies on ambiguous statutes. “Privacy rights are going to prevent many teachers from even knowing whether or not they are teaching a trans student,” Preis said.
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