Virginia Attorney General Affirms Education Model Policies Align with Nondiscrimination Laws

Miyares emphasizes the crucial role of parents in education decisions.

In a move that underscores the importance of protecting the rights and interests of students and parents in Virginia’s public schools, Attorney General Jason Miyares has given his official endorsement to the Virginia Department of Education’s model policies.

This endorsement comes in response to a request by Governor Glenn Youngkin, seeking clarity on the alignment of the Department of Education’s “Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools” with prevailing nondiscrimination laws. Miyares’ opinion, which reflects meticulous research and a comprehensive understanding of both state and federal laws, asserts that these policies are in complete harmony with the Equal Protection Clause, Title IX, and the Virginia Human Rights Act. Moreover, the opinion makes it clear that local school boards must formulate policies in line with these model standards.

In a statement, Attorney General Miyares shed light on the core principles underlying the model policies. He said, “This official Attorney General Opinion simply confirms what the overwhelming number of Virginians already know; parents have a fundamental right to the care, upbringing, and education of their children.” Miyares went on to emphasize the paramount role of parents in making pivotal life decisions for their children, without interference or “co-parenting” from the government. He championed the policies to ensure both the respectful treatment of students and the preservation of parental rights at the forefront of educational decisions. “It’s not just common sense, it’s the law,” Miyares firmly concluded.

It’s noteworthy that official AG opinions are rooted in meticulous research, encompassing current statutes, insights from both the Virginia and United States constitutions, and a plethora of pertinent court rulings. Thus, this recent opinion doesn’t merely represent the perspective of the Attorney General but serves as a well-founded legal interpretation grounded in the existing legal framework.

The opinion is available here.