[2] Plyer v. Doe, 457 U.S. 202 (1982). See also https://www2.ed.gov/about/offices/list/ocr/docs/qa-201405.pdf.

[3] See https://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-el-students-201501.pdf.

[4] See https://www2.ed.gov/about/offices/list/ocr/docs/qa-201405.pdf.

[5] See Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. § 1681(a); See also https://www2.ed.gov/about/offices/list/ocr/docs/dcl-know-rights-201306-title-ix.pdf

[6] See Title VI of the Civil Rights Act; See also Title IX of the Education Amendments of 1972.

[7] See Grimm v. Gloucester Cty. Sch. Bd., 400 F. Supp. 3d 444 (E.D. Va. 2019); Dept’t of Justice & Dep’t of Education, Dear Colleague Letter on Transgender Students, Feb. 22, 2017, https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201702-title-ix.pdf). Also, new guidance is coming from the Virginia Department of Education on transgender student rights in school (see Va. Code §22.1-23.3).

[8] See the Equal Access Act, 20 U.S.C. § 4071(a).

[9] Section 504 of the Rehabilitation Act.

[10] See Title VI of the Civil Rights Act; see also Va. Code § 22.1-279.6; student codes of conduct must include policies designed to protect children from bullying.

[11] See https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html#11 for additional guidance.

[12] https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html#11

[13] https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html#11

[14] https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html#11

[15] https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html#11)

[16] With some exceptions. See https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html#11 (“Where school officials have a practice of excusing students from class on the basis of parents’ requests for accommodation of nonreligious needs, religiously motivated requests for excusal may not be accorded less favorable treatment. In addition, in some circumstances, based on Federal or State constitutional law or pursuant to State statutes, schools may be required to make accommodations that relieve substantial burdens on students’ religious exercise.”)

[17] See Edwards v. Aguillard, 482 U.S. 578 (1987); Stone v. Graham, 449 U.S. 39 (1980); Wallace v. Jaffree, 472 U.S. 38, 53 (1985); Lemon v. Kurtzman, 403 U.S. 602 (1971).

[18] See School Dist. of Abington Township v. Schempp, 374 U.S. 203 (1963); Engel v. Vitale, 370 U.S. 421 (1962). For additional information, see https://www.aclu.org/other/establishment-clause-and-schools-legal-bulletin.

[19] Va. Code § 22.1-207.2.

[20] The Every Student Succeeds Act states parents can opt out of testing (see ESEA III2 (e)(2)(A)]. However, there is no corresponding Virginia regulation. Parents can opt out, but the state will count that student as a “0” for state testing purposes, which affects accreditation of the school and may affect a student’s graduation eligibility. See http://www.doe.virginia.gov/administrators/superintendents_memos/2018/299-18.docx for more information.

[21] See 12VAC5-110-80.

[22] Va. Code § 22.1-254; children must attend schools, but parents have options for what school they attend, including homeschool.

[23] See generally Section 504 of the Rehabilitation Act, Americans with Disabilities Act, Individuals with Disabilities Education Act.

[24] Id.

[25] See the Individuals with Disabilities Education Act.

[26] Id.

[27] See Family Education Records Privacy Act, see also https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

[28] See 8VAC20-81-170, also https://www2.ed.gov/about/offices/list/ocr/docs/qa-201405.pdf.

[29] See CFR 300.321(a)(6).

[30] See Va. Code § 22.1-277.05 (for long-term suspensions, notice must be in writing to the parent and the student).

[31] See 8VAC20-81-160(C)(6). If a student is suspended or expelled for more than ten days and has an IEP, the student must continue to receive education services during the removal.

[32] 8VAC20-81-80(D)(4)(c).

[33] https://www2.ed.gov/about/offices/list/ocr/docs/qa-201405.pdf.

[34] https://www2.ed.gov/about/offices/list/ocr/docs/qa-201405.pdf.

[35] https://www2.ed.gov/about/offices/list/ocr/docs/qa-201405.pdf