Attorney General Miyares Issues AG Opinion on the Department of Education Model Policies

RICHMOND, Va. — Attorney General Jason Miyares has issued an official Attorney General’s Opinion, at the request of Governor Glenn Youngkin, confirming that the Virginia Department of Education’s “Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools” complies with federal and state nondiscrimination laws. The Opinion clarifies that “the model policies comply with the Equal Protection Clause, Title IX, and the Virginia Human Rights Act,” and that “local school boards are required to adopt policies that are consistent with them.”

“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. Parents, not government, are in the best position to work with their children on important life decisions, and no parent signs up to co-parent with the government. In fact, the rights of parents are one of our oldest and most fundamental liberty interests. The Model Policies ensure that all students are treated with dignity and that parental involvement remains at the center. These policies are fully compliant with the law, and school boards across the Commonwealth should support and implement them. It’s not just common sense, it’s the law,” said Attorney General Miyares.

Official AG opinions represent the Attorney General’s analysis of current law based on the Office’s thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.

The opinion is available HERE.