Circuit Court Judge James Plowman had ruled Cross’s statements were made on his own time in a public meeting, rather on than a classroom, and that the suspension violated his free speech rights. Virginia’s Supreme Court upheld Plowman’s ruling.

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Loudoun Co. School Board to codify free speech after courts overturn teacher suspension

Neal Augenstein | naugenstein@wtop.com

September 13, 2021, 12:20 PM

In the wake of court rulings overturning the suspension of physical education teacher Tanner Cross, the Loudoun County School Board is set to vote on a revised professional conduct policy for public school employees.

On Aug. 30, the Supreme Court of Virginia ruled the board failed to prove a lower court abused its discretion in ordering the reinstatement of Cross, who was put on administrative leave after criticizing a then-proposed transgender policy.

The draft policy, which the board is scheduled to vote on Tuesday evening, would specify that school employees have the First Amendment right to engage in protected speech in their free time, but also reinforces the expectation that employees support the school system’s equity and nondiscrimination practices.

Cross told the county’s school board that the use of preferred gender pronouns for transgender students was against his religion during a board meeting in May.

Also in August, the school board voted to pass a measure that would expand the rights of transgender students in the county’s schools.

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