5 NoVA School Districts Reaffirm Transgender Student Policies In Rebuke To Trump Administration

As students return for a new school year, five Northern Virginia school districts are in a battle with the Trump administration for transgender student bathroom rights.

The school districts are keeping their policies, pointing to a court ruling in a Virginia transgender student bathroom case as the federal law they are following, putting them at odds with a push by the federal government to require students to use facilities that match their sex at birth.

These Northern Virginia school districts — Fairfax County Public Schools, Loudoun County Public Schools, Prince William County Public Schools, Arlington Public Schools and Alexandria City Public Schools — had until Friday, Aug. 15, to decide whether to keep policies allowing bathroom and locker room policies based on gender identity.

The U.S. Department of Education’s Office for Civil Rights had notified the five school districts on July 25 about the policies violating Title IX, a federal law prohibiting discrimination based on sex in education programs and activities receiving federal funding. America First Legal, a conservative firm founded by White House Deputy Chief of Staff Stephen Miller, had sought a federal investigation into the Northern Virginia school districts' policies. The group had raised concerns about the policies allowing biological males into female bathrooms and locker rooms.

The federal government threatened to withhold federal money if the school districts did not revoke their policies. While many funds for Virginia school districts come from localities and the state, the federal government provides money for Title I schools, special education and nutrition programs.

However, all five school districts reaffirmed their policies by the Aug. 15 deadline. As reported by The Washington Post, the Virginia Department of Education will start to seek removing federal funds to the five noncompliant school districts.

In upholding their policies, the school districts have pointed to the Grimm v. Gloucester County School Board case. That case involved a transgender student fighting a Virginia school district on allowing him to use the boy's bathroom that matches his gender identity. The U.S. Court of Appeals for the Fourth Circuit ruled in favor of Gavin Grimm, who claimed the school district's action violated Title IX's Equal Protection Clause.

On Aug. 15, groups supporting LBGTQ+ rights sent a joint letter to the five school districts thanking them for not complying with the federal government's demands. The organizations include Loudoun4All, Equality Loudoun, FCPS Pride, Equality Arlington, Arlington Gender Identity Alliance, Defenders of Public Education PW County, and the Alexandria City Coalition for Equality.

"The importance of inclusive policies that affirm and welcome transgender and nonbinary students, as well as all other students who belong to marginalized communities, is undeniable," read the letter. "These policies and practices foster a culture that affirms the dignity of each student and celebrates our diversity as individuals. Thank you for recognizing the critical importance of making sure our schools are safe and supportive environments for all students."

How The Northern Virginia School Districts Have Responded

The five school districts are seeking more legal clarity on the matter before considering the Office for Civil Rights' request.

Fairfax schools Superintendent Michelle Reid noted in a letter to families that the federal government rejected a request from the school districts to have a 90-day extension for additional discussion. Legal representatives for Fairfax County's school division sent a response to the Office for Civil Rights seeking a stop to the action to allow courts to decide the issue.

Fairfax County Public Schools, the largest school district in Virginia, could lose up to $160 million in federal funding, according to Reid.

Similarly, Prince William County's school division said in a statement that the Office of Civil Rights' request would violate federal law due to the Grimm v. Gloucester County School Board decision. PWCS called for "thoughtful collaboration and legal clarity" to resolve the dispute.

"PWCS appreciates the comments and input we have received from parents, students and other constituents, and we understand these are sensitive issues for many of our families," the school district said in a statement. "The school division is dedicated to complying with Title IX and all applicable laws while continuing to serve the educational needs of our students and families."

At Arlington County's school district, Superintendent Francisco Durán and School Board Chair Bethany Zecher Sutton said federal and state laws require APS to keep its current policy.

"In responding to the U.S. Department of Education, we have noted that the U.S. Supreme Court will hear arguments this year and make a decision whether Title IX restricts or protects access to facilities based on gender identity," Durán and Zecher Sutton said in the statement. "Until then, we will comply with current laws with respect to Title IX, including the Virginia Values Act."

Last week, the Loudoun County School Board voted 6-3 to maintain its transgender student bathroom policy but said it was open to discussions with the federal government, according to the Washington Post. An LCPS spokesperson indicated the district gets $47 million from the federal government.

Loudoun County's school district has been enveloped in debate about transgender bathroom policies, particularly after 2021 sexual assaults at two schools. More recently, Virginia Attorney General Jason Miyares started a Title IX investigation into the LCPS response to a locker room incident involving a transgender student and male students. Miyares referred the case to the federal government for investigation.

In Alexandria, Superintendent Melanie Kay-Wyatt and School Board Chair Michelle Rief responded to community concerns about the impacts of keeping the policy. The officials said Alexandria schools are "open to further negotiation" with the Office for Civil Rights.

"For families, students and staff concerned about whether or how this decision will impact operations in ACPS, please know that ACPS’ current policies regarding the rights of all students to use restrooms and locker rooms in accordance with their gender identity will remain in place," Kay-Wyatt and Rief said in a letter to families. "ACPS will continue to assess its policy based on legal developments in the future, but no matter what happens, students and families should understand that all ACPS students are valued and welcome in our schools, and will be treated with respect and dignity regardless of gender identity or any other characteristic."