Transgender students can use preferred bathrooms even if classmates are 'uncomfortable,' Va. school district says

CHARLOTTESVILLE, Va. (CITC) — A Virginia school district's policy states that any student's "discomfort" with sharing a restroom or locker room with a transgender classmate is "not a reason to deny access" to the transgender student.

Albemarle County Public Schools (ACPS) enacted its "Treatment of Transgender and Gender-Expansive Students" policy in August 2021. The policy covers a range of topics, including use of facilities and communication with parents, and it is designed to foster "cultural inclusiveness" and "assist in eliminating ways in which gender-expansive students are stigmatized or marginalized."

Under a section on "Restroom and Locker Room Access," ACPS states that "gender-expansive students" may use restrooms, locker rooms and changing rooms in a manner "consistent with their gender identity." The policy notes that "reasonable alternative arrangements" may be provided to students seeking extra privacy, as long as it is done in a "non-stigmatizing way."

"Although some students may feel uncomfortable with a gender-expansive student using the same sex-specific facility, that discomfort is not a reason to deny access to the gender-expansive student," the policy reads. "Any student uncomfortable sharing a sleeping area, shower, bathroom, or any sex-segregated facility, shall, upon request, be provided with a designated safe, non-stigmatizing alternative."

Alex Nester, an investigative fellow for Parents Defending Education (PDE), told Crisis in the Classroom (CITC) that she finds the approach "incredibly unfair."

"When gender identity trumps biological sex, women are the losers. The discomfort young women face when they’re forced to use the same restroom, locker room, or sports team as a biological boy has been absolutely ignored. Or worse, they’ve been shamed for feeling discomfort," Nester told CITC. "Biological boys, too, may feel incredibly uncomfortable sharing their restroom with biological girls. Why don’t their feelings matter, too?"

In a separate section of the policy, GUSD states that "gender-based policies, rules and practices can have the effect of marginalizing, stigmatizing, stereotyping and excluding students, whether or not they are gender-expansive."

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GUSD's policy was adopted in order to comply with state guidance requiring all Virginia school boards to implement policies "concerning the treatment of transgender students." GUSD's approach differs slightly from that of other Virginia districts, including Loudoun County Public Schools (LCPS).

LCPS is currently facing criticism for a $11 million plan to change the bathrooms at five schools into gender-neutral, floor-to-ceiling stalls. While the majority of the LCPS school board feels the plan would better accommodate transgender and nonbinary students, parents have called it "financially irresponsible."

A spokesperson for ACPS told CITC that the "implementation of the policy has occurred without issue" in the school district.

"Any student uncomfortable sharing a sleeping area, shower, bathroom, or any sex segregated facility, shall, upon request, be provided with a designated safe, non-stigmatizing alternative," the spokesperson said in a statement. "Note the use of the verb shall, which means granting such a request is mandatory."