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Stafford schools urged by legal counsel not to pass transgender protections

Newly unsealed documents show the Stafford County School Board’s legal counsel advised against passing protections for transgender students.

It did it anyway, after more than 400 people filled the Board Chambers and, after six hours of public testimony at a Sept. 10, 2019 meeting. The most polarizing additions to the school division’s existing policy that came with the decision now provided protections for “sexual orientation” of students, staff, and faculty, and addressed “gender identity” in the updated policy.

“From a risk standpoint, I recommend that these additions to the nondiscrimination policies not be passed at this time because the law is unsettled in this area, there is no legal mandate to do so, and because the School Board could open itself up too additional liability by voluntarily obligating itself to protected classes or persons not currently required to be protected by state or federal law,” penned Jennifer Lee Parrish, managing partner of the Fredericksburg Parrish, Snead, Franklin, Simpson, PLC.

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