In California and Virginia, transgender policies see school districts rebel

State-level policies on transgender students are fueling ideologically opposite rebellions at the district level in Virginia and California.

Liberals in Virginia and conservatives in California have secured key wins on school boards that are allowing them to go against state leadership and enact what they believe are the proper policies regarding the gender identities of their pupils. 

In Virginia, one school district says it will not abide by new state standards that say transgender students have to use bathrooms and other facilities corresponding with their sex assigned at birth, and that teachers can not use different names or pronouns for students without permission from the parents. 

In California, multiple districts have passed or are considering policies that require educators to tell parents if a student wants to change their name or pronouns. 

The fights pose high-risk challenges for Virginia Gov. Glenn Youngkin (R) and California Gov. Gavin Newsom (D), both of whom have been floated for higher office.

“PWCS already has a regulation in place to address the rights of transgender and gender-nonconforming students in our schools,” Prince William County Public Schools in Northern Virginia said in response to the updated transgender guidance from Youngkin’s administration.

“PWCS Regulation 738-5, ‘Treatment of Transgender and Gender Nonconforming Students,’ is consistent with both federal and state anti-discrimination laws, and PWCS employees will continue to follow this regulation,” the district added, joining several other Virginia school districts, including Alexandria City Public Schools and Fairfax County Public Schools, in defying the state.

Youngkin says he will not back down on the issue. His 2021 campaign, which flipped the state back to red after back-to-back Democratic governors, was largely fueled by a message of elevating parental rights in education. 

“The law requires the Virginia Department of Education to provide model policies and requires school boards to adopt policies consistent with those provided by the Department,” said Macaulay Porter, a spokesperson for the governor. “The Prince William County Public Schools’ policies diverge from VDOE model policy guidance and perpetuate a false notion that they know what’s better for a child than a child’s parent. The Prince William school board is expected to follow the law.”

Porter did not respond to questions about if Prince William County would face imminent legal action over the policy, but Virginia Attorney General Jason Miyares (R) issued a statement Thursday declaring the new policies around transgender students are legal and should be implemented by schools.

“The law is very clear that I issue model policies and local school districts have to adopt policies consistent with the model policies. And I would add to the fact that this is common sense,” Youngkin told Fox News in a recent interview.

The Virginia guidance for transgender students was finalized over the summer, drawing quick criticisms from LGBTQ advocates.

Several other Republican-led states, notably Florida under Gov. Ron DeSantis, have also removed accommodations for transgender students in recent years amid a broader conservative push against LGBTQ rights.

On the other side of the country and in a deep blue state, school boards with conservative majorities in Murrieta, Temecula and Chino Valley counties have either adopted or are looking into adopting policies that require educators to tell parents if students want to use a different name or pronoun, defying state authorities. 

Nancy Young, a liberal school board member in Murrieta, says it isn’t a coincidence all these boards are enacting or looking to enact similar policies after many of their new members’ election victories were funded by right-wing organizations with coordination from local pastor Tim Thompson.

“We are dealing with well-funded outside agitators that managed to take over the school board in Temecula, the school board in Murietta and in Chino. … They’re all connected,” Young said. 

She added that out-of-town protesters have flooded recent board meetings, drowning out area residents.

“The locals who showed out in fairly large numbers were completely disregarded. I got a lot of emails before the meeting by very upset people,” she said, saying her area is generally split between Democrats and Republicans. 

While Young says she thinks the district policy is illegal under California law, she says those enacting it are doing so in the hopes the case gets taken to the Supreme Court. 

She says she has been in contact with state Superintendent Tony Thurmond and state Attorney General Rob Bonta (D) but is not sure what the next steps will be in her district. 

The Hill has reached out to school board members from Chino and Temecula for comment.

While the debate over the rights of transgender students has captured the country’s attention, California has attempted to sell itself as a safe place for LGBTQ Americans.

Newsom signed a bill last year to protect transgender minors and their parents fleeing states that have banned gender-affirming care.

“We believe that no one should be prosecuted or persecuted for getting the care they need — including gender-affirming care,” he said at the time. “With the signing of this bill, California will ensure that these kids and their families can seek and obtain the medical and mental health care that they need.”

That message has not played out on the ground as some might have hoped.

“Just over this past year, we’ve seen a tremendous increase in anti-LGBTQ rhetoric being expressed by extremists and hate groups here in California, which we’ve seen results in physical intimidation, harassment and acts of violence,” said Tom Temprano, managing director of external affairs for Equality California.

“There was a Pride flag burned in front of an elementary school, fistfights broke out at a Glendale Unified School Board meeting and we even have churches that are open and affirming in places like Fresno having their windows shattered,” he added.

Republican-led states have argued their policies in schools are not attacking LGBTQ individuals but fighting against inappropriate concepts for school-aged children.

“Gender ideology has no place in our K-12 school system,” DeSantis said after Florida banned teaching on sexual orientation and gender identity in K-12 schools. “It’s wrong for a teacher to tell a student that they may have been born in the wrong body or that their gender is a choice, and so we don’t let that happen in Florida.”

Newsom personally threw himself into the school board fights after the Temecula board president called the late California gay rights figure Harvey Milk a pedophile before voting to reject a social studies textbook back in June. 

“An offensive statement from an ignorant person. This isn’t Texas or Florida. In the Golden State, our kids have the freedom to learn,” the governor tweeted. “Congrats Mr. Komrosky you have our attention. Stay tuned.”

The fights over schools are drawing heightened attention because of relatively high profiles of Youngkin and Newsom. Both governors have been asked in recent months about their interest in running for the White House, though they have also both demurred, saying they are focused on the job at hand.

A recent poll showed that in battleground states, voters now trust Republicans more than Democrats on education, an issue the left has dominated for decades. Democrats are trying to flip the script, arguing their policies have given parents the most choice.

“While states across our country attack academic freedom, California is leading on parental choice and participation, creating a place where every student has a chance to thrive and every family has access to an education system that fosters opportunity,” Newsom said this month. “In California, parents have the right to actively participate in their child’s learning, and we’re transforming education so all students can learn on a safe campus where they can receive quality education, healthy meals, mental health care, and have the freedom to learn without political censorship.”

While conservatives in California are making some progress in their push at school boards, they might be pushing their luck in one of the most liberal states in the country, Temprano said.

“I think what we’re seeing is these extremists who are carrying an extremist, very minority view of what is important in California schools, and I think that that will bear out in the 2024 election,” he said.

“I mean, the Temecula Valley School Board, which just passed a forced outing policy yesterday … those board members are already facing a recall — a grassroots recall — led by parents in their own districts,” Temprano added.

Updated: 1:47 p.m.