Virginia School Board Clears Way for GSA After ACLU Lawsuit
Facing a lawsuit, King George County Schools changed its policy to allow middle schoolers to form non-curricular clubs, including a GSA.
The King George County School Board in Virginia has revised its student-organization policy and adopted new guidelines allowing middle schoolers to form non-curricular clubs, clearing the way for a Genders and Sexualities Alliance that students sued the district to establish.
The change extends equal-access protections to middle school students, allowing them to meet without discrimination based on the religious, political, philosophical, or other content of their speech, according to the Fredericksburg Free Press..
The board’s November 2025 revision of the district’s policy had limited non-curricular organizations to the high school level.
Last month, however, the American Civil Liberties Union of Virginia sued the school board, Superintendent Jesse Boyd, and King George Middle School Principal Casey Nice on behalf of two students and their parents.
The lawsuit alleged that the district adopted its revised student-organization policy specifically to prevent the Genders and Sexualities Alliance (GSA) from forming, despite interest from 17 students. It accused district officials of violating the students’ First Amendment rights by discriminating against their viewpoint that LGBTQ identities are real and valid.
As evidence, the plaintiffs noted that district officials had allowed several non-curricular groups — including the Yearbook Club, Robotics Club, Beta Club, Book of the Month Club, and an Outdoor Club where students made fishing lures and skinned squirrels — to operate without those restrictions by classifying them as “curriculum-related.”
The plaintiffs further argued that the unequal treatment violated the Equal Access Act, which bars federally funded public schools from denying student groups access based on the religious, political, philosophical, or other content of their speech.
Under the newly revised regulations, adopted by unanimous vote, students must provide proof of written parental permission to form or join a non-curricular organization. The club must submit a renewal request form each year, complete with a list of current members, as well as a proposed constitution and bylaws, a tentative meeting schedule, and a description of the activities in which the club intends to participate.
In a press release, King George County Schools touted the changes as a victory for parental rights, saying they “further demonstrate the school board’s commitment to emphasizing family involvement, prioritizing transparency, and fostering direct communication between school and home.”
Referring to the parental-permission requirement, the school district argued that the policy changes “put students and parents first by strengthening parent involvement and ensuring families have an important voice in their children’s participation in student organizations.”
Following the adoption of the new regulations, Superintendent Jesse Boyd thanked school board members for “a very long, well-thought-out conversation when it comes to these policies.”
The board approved the changes on September 11 after a closed session involving “actual or probable litigation,” although members did not publicly connect the vote to the ACLU lawsuit. A week earlier, a federal judge disclosed that the parties had reached a settlement. Its terms have not been made public, and it is unclear whether the agreement required the policy revisions, but the changes clear the way for the GSA to move forward.
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