by James C. Sherlock
We are back to the story posted on the front page above the fold by the Virginian-Pilot on Sunday, July 11. This is Part 2 of my critique.
Last time we discussed a lot of false flags in that story. In this one I will take up the story’s references to social emotional learning and transgender students.
Social Emotional Learning
From the V-P story:
“There’s also some overlap in efforts to make sure students can identify “inequity and injustice at different levels of society,” a small part of what newly proposed state standards for social and emotional learning call for students to do by 11th and 12th grade.”
Small part?
The American Federation of Teachers disagrees. It sees SEL as transformative” and an excuse to reeducate white teachers.
“The vast majority of classroom teachers are white (and primarily women). And there is a substantial literature on racial bias (implicit and explicit) that indicates that we as a country have a long way to go in addressing teacher attitudes and practices that have negative effects on the school outcomes of students of color. Such attitudes and practices are inconsistent with culturally responsive education and student-led project-based learning. As such, we are interested in surfacing effective ways to mitigate racially biased mindsets and practices, and to promote anti-oppressive educational practices as part of advancing transformative SEL.”
“The family context can function as a safe and open environment where children and youth can be themselves while practicing social and emotional norms, cues, and skills needed to effectively navigate and contribute to a range of social interactions and settings. As such, the ways in which families socialize children and youth about emotions (i.e., their messaging and modeling) often intersect with racial pride. In fact, one question we are exploring is the heightened importance of civic activism socialization in fostering transformative SEL as young people develop.”
The V-P failed to mention that the state’s version of social emotional learning standards has “Social Awareness” components for each grade that require third graders to learn that
“I can understand that people may face different barriers based on their identity and groups in society and that this is not fair.”
Not how to read or multiply. Third graders.
What are parents to think that lesson plan might look like?
More.
- Fifth graders: “I can explain how stereotypes can create bias.”
- Seventh graders; “I can comfortably talk about myself and positively describe my various group identities.”
- Ninth Graders: “I can recognize that all people (including myself) have certain advantages and disadvantages in society based on who they are and where they were born,” and “I can recognize that my conscious and unconscious biases how they affect my interactions with others.”
- 11th Graders: not only “I can recognize, describe and distinguish inequity and injustice at different levels of society” but also “I can identify and work to address my own conscious biases and implicit (unconscious) biases.”
Parents did not “misunderstand.” This is the AFT’s “civic activism socialization” in action.
Transgender children
The V-P:
“But (critical race theory has “become conflated” with many unrelated efforts, including new state requirements that affirm and support transgender and nonbinary students.”
Unrelated efforts? I refer the V-P to Harvard’s definition of CRT in Part 1.
For the two V-P authors, I’ll compare federal law, Virginia law and the VDOE’s Model Policies for the Treatment of Transgender Students in Public Elementary and Secondary Schools.
They might have wanted to do that before they published their story.
Let’s see where we find a directive that “school personnel” will be required to refer parents to Child Protective Services if they “suspect or become aware” that a student is “at risk of abuse or neglect” by a child’s parents if they do not agree that their child should be supported by the school when that child self-identifies as transgender.
By the way, the VDOE took pains to proclaim that children determine their true sexuality by the ages of 5 or 6.
Put CPS on speed dial in kindergarten.
Virginia law
§ 22.1-23.3. Treatment of transgender students; policies.
A. The Department of Education shall develop and make available to each school board model policies concerning the treatment of transgender students in public elementary and secondary schools that address common issues regarding transgender students in accordance with evidence-based best practices and include information, guidance, procedures, and standards relating to:
1. Compliance with applicable nondiscrimination laws;
2. Maintenance of a safe and supportive learning environment free from discrimination and harassment for all students;
3. Prevention of and response to bullying and harassment;
4. Maintenance of student records;
5. Identification of students;
6. Protection of student privacy and the confidentiality of sensitive information;
7. Enforcement of sex-based dress codes; and
8. Student participation in sex-specific school activities and events and use of school facilities. Activities and events do not include athletics.
B. Each school board shall adopt policies that are consistent with but may be more comprehensive than the model policies developed by the Department of Education pursuant to subsection A.
We see nothing in there about “school personnel” reporting parents to Child Protective Services based on “suspicion” of a child being “at risk of abuse.”
It must be in federal law.
Federal Law
The U.S. Department of Education describes applicable federal law.
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.”
Schools may disclose, without consent, “directory” information such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.
Goodness. What is this about “eligible students? at the age of 18 or over?
VDOE Model Policies
Have the Virginian-Pilot authors actually read Model Policies for the Treatment of Transgender Students in Public Elementary and Secondary Schools from VDOE?
The term “eligible students” appears only once in Model Policies and is never defined or otherwise referred to.
That leaves at least one small issue. I led with it.
Model Policies directs that “school personnel” must be required by school boards to refer parents to CPS if they “suspect or become aware” that a student is “at risk of abuse or neglect” by a child’s parents if the parents do not agree that their child should be supported by the school when that child self-identifies as transgender.
Not even the National Center for Transgender Equity, a reference in Model Policies, goes that far.
It is reasonable, having read all three, to expect that neither federal nor Virginia law will be found in court to support such a policy.
It is also reasonable to conclude that no one in any Virginia school is capable of making an assessment that a child is “at risk of abuse or neglect” by the child’s parents and then, based on that, report them to CPS.
But what parent could possibly object?
The Virginian-Pilot should try, even in its weakened state, to do better than this.
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