Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 22.1-23.3 as follows:

§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 athletics ] and use of school facilities.

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.

2. That the Department of Education shall develop and make available to each school board model policies pursuant to subsection A of § 22.1-23.3 of the Code of Virginia, as created by this act, no later than December 31, 2020.

3. That each school board shall adopt policies pursuant to subsection B of §22.1-23.3 of the Code of Virginia, as created by this act, no later than the beginning of the 2021–2022 school year.