A contributed perspectives piece by Deb Fitzgerald
I’m writing in response to the 1/16/2025 Community Perspective written by Deborah Figliola for The Citizen. Figliola joined a small group of teachers and parents to initiate proceedings against the Harrisonburg School Board concerning the use of student pronouns. As vice chair of the School Board at the time, I was named in the suit and had a front row seat to many closed session updates concerning these legal proceedings. Ms. Figliola has emerged as the public face for the plaintiffs, giving interviews in local, regional and national media such as the New York Post and Fox News.
Ms. Figlioa writes:
“One of the most critical lessons teachers can instill in their students is the importance of telling the truth.“
On this, I agree.
On January 14, 2022, the legal division of the Alliance to Defend Freedom (ADF) initiated a series of communications about use of student pronouns with Dr. Michael Richards and members of the HCPS School Board. These messages outlined concerns about an optional training presentation for employees that described best practices to consider when supporting non gender conforming students. Practices are distinct from HCPS School Board policies, which are passed by the board and available for the public to access. Many of Ms. Figlioa’s concerns stem from this optional training.
Ms. Figlioa writes:
“ … when the district refused to answer our questions and instead brushed aside our concerns, we had no choice but to ask a court, through our attorneys with Alliance Defending Freedom, to step in…”
There was a choice, though. Ms. Figlioa did not attend that training but reacted to content circulated informally after the fact, without context and without the opportunity to ask questions of the presenters for clarification. Her statement ignores documented attempts by HCPS (verified by letters on the public record) to meet with the teachers and parents about the issue. These offers of a meeting were disregarded.
A suit was then filed on June 1, 2022. In the suit, Figliola and the plaintiffs were represented by three named ADF attorneys and Litten-Sipe lawyer Daniel Rose, the recently appointed attorney for Rockingham County Public Schools. Court hearings took place, depositions were recorded, and hundreds of hours of employee time were spent assembling thousands of documents exchanged over many months with ADF.
More than two years later, the final order for this case was filed on December 10, 2024. The first three sentences of this order read:
“The parties have come before the Court to advise it that they have, by agreement, resolved all the matters in controversy. Plaintiffs submitted Requests for Religious Accommodations on November 26, 2024. On December 6, 2024, Defendant granted Plaintiffs’ requests for religious accommodations.”
Religious accommodations available to any HCPS employee at any time under both the Civil Rights Act of 1964 and Virginia Constitution. To reinforce and make easily accessible knowledge about these already existing rights, the HCPS School Board adopted a formal religious accommodations policy (Policy 682) November 9, 2023, and developed a form (Form 682-F) to aid employees make a request for the accommodation they are legally entitled to under federal and state law. But with or without the paperwork, accommodations could have been requested in January or June of 2022, November of 2023, or at any other time before November, 2024.
Ms. Figliola writes:
“It was after we asked the Harrisonburg court to rule for us based on Vlaming’s case, that the school district agreed to accommodate our religious objections. “
However, the facts of the Vlaming case, also argued by ADF attorneys and decided in Dec. of 2023 by the Virginia Supreme court, do not align well with the Figliola/ADF case. Vlaming was fired from his position. Figliola was not fired, threatened, nor disciplined, and remains an employee of HCPS in good standing, teaching at Skyline Middle School today.
HCPS has always been willing to work with any employees to accommodate their religious viewpoints. But employees must make the choice to work with the Superintendent and the School Board.
Deb Fitzgerald served nearly a decade on the Harrisonburg City School Board, including two terms as board chair. Her final term ended in December after she chose not to seek reelection in 2024.