Some Virginia teachers disagreed with the mandate to use students' preferred pronouns, and a few even quit due to it.
Deborah Figliola won a lawsuit that invalidated the mandate for Virginia teachers to use students' preferred pronouns.
A Virginia teacher stated that although many other teachers disagreed with Harrisonburg City Public Schools' policy mandating employees to use students' preferred pronouns, they remained silent.
"Deborah Figliola, a teacher in the Harrisonburg district, told Planet Chronicle Digital that a lot of teachers didn't agree and there were definitely others who held a different view."
Figliola and her colleagues, Kristine Marsh and Laura Nelson, spoke out against the HCPS policy despite most teachers remaining silent about their disapproval of using students' preferred pronouns.
The school district was forced to stop mandating employees to use students' preferred pronouns after they lost a lawsuit last week. The two sides reached an agreement when the school board granted the teachers religious accommodation.
The school board stated that they do not require staff to request or utilize students' preferred names and pronouns and "[do] not support concealing or withholding information from parents." The board concurred to keep staff informed about the religious accommodations that are accessible.
In June 2022, a lawsuit was filed arguing that teachers' rights, protected under the Commonwealth's Free Speech Clause and the Virginia Religious Freedom Restoration Act, had been violated due to compelled speech.
According to the Alliance Defending Freedom (ADF), the law firm that represented the teachers, the school board's nondiscrimination policy required the teachers to undergo training to ensure compliance. The training involved teaching teachers to ask a student's "preferred" name and pronouns and to always use them.
The teachers were expected to comply with the nondiscrimination policy of Harrisonburg City Public Schools, which threatened discipline and even termination for noncompliance, without notifying parents or seeking their consent.
Figliola stated that many of us left that day feeling stunned.
"I previously shared this story, and I returned to my classroom to write down a summary of what I had just heard. I wrote, 'I can't lie,' and I made a commitment not to deceive children or parents," she stated.
Some teachers opted to resign due to their opposition to the new policy, according to Figliola's statement to Planet Chronicle Digital.
"Teachers did not want to work under this kind of a situation, so they quit," she said.
Figliola is still teaching middle school English and special education at HCPS.
"Being a co-teacher with another teacher is a challenging position, but I love it. I love what I do and what I get to do as a co-teacher," she said.
"After the case was won last week, some parties became less friendly, while others rejoiced. There was some negativity, but others were very excited about the outcome."
The case involving a Virginia school board firing teacher Peter Vlaming for refusing to use a student's preferred pronouns had "seismic implications," as explained by an ADF attorney to Planet Chronicle Digital.
Vincent Wagner, an ADF attorney, told Planet Chronicle Digital, "It really did."
"In this case, we filed a motion for summary judgment a few months ago, which mainly focused on the application of Vlaming to Figliola's case."
"We stated, Your Honor. There is no need for a trial in this case as the Virginia Supreme Court has made it clear in its decision in Vlaming that Harrisonburg cannot force them to lie to children or parents, which was the previous practice."
The case Wagner mentioned was the West Point School Board in Virginia agreeing to pay $575,000 in damages and attorney's fees to a former high school teacher, Vlaming, who refused to use the transgender student's preferred pronouns.
The Harrisonburg City School Division is pleased to see the litigation resolved. Our focus has always been to support all students and employees with dignity and respect. Before the litigation began, we were open to collaborating on accommodations for diverse needs, as evidenced by our correspondence with ADF in early 2022.
Our dedication to fostering a respectful and inclusive environment is evident in our School Board policies and actions, such as the adoption of a formal religious accommodations policy (Policy 682) over a year ago and the implementation of training for employees this August.
"The case has ended as the processes we have consistently promoted, both informal and formal, proved successful. We are pleased with this outcome and hope it could have been achieved without legal action."
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