FFLC Issues Letter to Newport News School Board on its New Transgender Policy

Today, the Founding Freedoms Law Center sent the Newport News School Board members a letter educating the Board about how its recently revised policy on “transgender” students violates state and federal laws, while warning that a failure to promptly correct those deficiencies could lead to litigation and burdensome government investigations.

You can read the letter we sent the Board HERE.

You can view the Board’s new policy HERE, then clicking on Policy “JB-P.” (Procedure - Treatment of Transgender and Gender Nonconforming Students)

Among the things our attorneys pointed out were that the policy is directly at odds with two recent U.S. Supreme Court cases - Mahmoud v. Taylor, 606 U.S. 522 (2025) and Mirabelli v. Bonta, 607 U.S. _ (2026), which strongly affirm parental rights in the context of “LGBTQ” issues at public schools. We also anticpate that the U.S. Supreme Court could rule against special protections for “gender identity” within the next two weeks in two cases - Little v. Hecox and B.P.J. v. West Virginia - involving the scope of Title IX and the Equal Protection Clause.

The new policy also stands in direct conflict with the Virginia Department of Education’s “Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools.” Va. Code § 22.1-23.3 requires all Virginia school districts to adopt policies that are consistent with these model policies. The policy also creates inevitable conflicts with constitutionally protected religious exercise, free speech, privacy, and parental rights.

If you live in Newport News, Virginia, we urge you to reach out to the school board members to encourage them to comply with the law and protect the rights of all students, teachers, and parents. You can find their contact information HERE.