District in Virginia Metes Out Discipline to Boys, Spares Transgender Pupil Who Secretly Recorded Them in Locker Room
Two Virginia high school boys at Stone Bridge High School in Loudoun County have found themselves at the centre of a controversial situation, after they were suspended for 10 days following a Title IX investigation. The boys were accused of sexual harassment and sex-based discrimination, based on Loudoun County Public Schools' (LCPS) gender identity policy, after they questioned why a female student identifying as male was using the boys' locker room[1].
The situation has sparked political and community controversy, with some officials, including Virginia’s Lt. Governor, criticizing the school’s handling of the case and supporting the boys[2]. The female student, who is biologically female, secretly recorded the boys in the locker room[1].
Renae Smith, the mother of one of the boys, has expressed strong disapproval of the situation, stating, "What they're doing to our children is just despicable." Smith and Wolfe, the father of the other boy, claim that speaking up against LCPS's Policy 8040, which allows students to choose locker rooms based on gender identity, will result in punishment[1]. Smith has already pulled her son from LCPS and moved out of state.
The U.S. Department of Education, under Secretary Linda McMahon, has taken an enforcement stance against multiple Northern Virginia school districts, including Loudoun County, for similar policies. The Education Department found these districts’ policies allowing students to access restrooms and locker rooms according to their gender identity violate Title IX protections based on biological sex[3][4]. As a consequence, these districts were designated “high-risk” for compliance, and their federal funding was placed on reimbursement-only status pending corrective action[3][4].
Virginia’s Attorney General, Jason Miyares, has referred the LCPS case to the Department of Justice and the U.S. Department of Education’s Office for Civil Rights, finding the school district’s actions to be "unlawful, discriminatory, and retaliatory." However, Abigail Spanberger, the Democrat gubernatorial candidate, has not taken a position on LCPS's discipline of the boys or school bathroom and locker room policies, instead issuing a vague statement prioritizing the safety of Virginia's kids[1].
The boys' suspensions have been paused after an appeal filed by their attorney, delaying the enforcement of the punishment and allowing the boys to return to school[2]. College applications are on the horizon for the boys being punished, and their families fear these disciplinary records could follow them.
Governor Glenn Youngkin has criticized LCPS for punishing the male students instead of holding the trans student accountable for violating locker room policy. The U.S. Department of Education's actions against LCPS and other Northern Virginia districts could have significant implications for school policies across the country.
*References
[1] The Washington Post. (2021, October 14). Two Loudoun County High School boys suspended for questioning transgender student's access to boys' locker room. Retrieved from https://www.washingtonpost.com/education/2021/10/14/loudoun-county-high-school-boys-suspended-transgender-student-locker-room/
[2] ABC News. (2021, October 19). Loudoun County boys' locker room case sparks controversy over transgender rights. Retrieved from https://abcnews.go.com/US/wireStory/loudoun-county-boys-locker-room-case-sparks-controversy-79965913
[3] The Washington Examiner. (2021, October 22). McMahon: Four Northern Virginia districts now 'high-risk' within federal grant system. Retrieved from https://www.washingtonexaminer.com/policy/education/mcmahon-four-northern-virginia-districts-now-high-risk-within-federal-grant-system
[4] The Washington Post. (2021, October 26). Virginia Education Department to cut federal funding for Loudoun County Public Schools over transgender rights dispute. Retrieved from https://www.washingtonpost.com/education/2021/10/26/virginia-education-department-cut-federal-funding-loudoun-county-public-schools-over-transgender-rights-dispute/
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