Arlington, Fairfax Schools Sue Feds Over Gender Policies

Arlington Public Schools and Fairfax County Public Schools filed a lawsuit Friday to resolve their dispute with the U.S. Department of Education over the school systems' policies on bathroom and locker room use based on gender.

The education department gave the two school districts — along with Loudoun County Public Schools, Prince William County Public Schools, and Alexandria City Public Schools — an Aug. 15 deadline to decide whether to keep their current bathroom and locker room policies.

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.

"Earlier this month, FCPS reached out in good faith to respond to the assertion made by the U.S. Department of Education’s Office for Civil Rights that our policies and regulations on bathroom and locker use based on gender identity are a violation of Title IX," Superintendent Dr. Michelle C. Reid said, in a letter to FCPS families on Friday. "Rather than reviewing FCPS’ letter, outlining why our policies and regulations are consistent with controlling state and federal law, and requesting further action be stopped until the legal issue is clarified by the courts, DOE took hasty and harmful action."

Scroll Down To Read Dr. Michelle C. Reid's Full Letter

Federal officials tried to designate Fairfax County Public Schools as a “high-risk” entity, freezing access to as much as $167 million in federal funding already appropriated by Congress, according to Reid.

"FCPS reached out to the DOE to address the impossible position that the DOE has placed on our school division — whether to violate a federal court ruling regarding the support of our transgender students or risk this critical funding," Reid said. "The DOE did not respond."

At its regular meeting on Thursday night, the Fairfax County School Board unanimously voted to authorize legal action against the U.S. Department of Education, sharing this statement:

“This lawsuit is an important step in our effort to protect the health and safety of all our students in alignment with state and federal law — to ensure that hungry children are fed and that student access to multilingual, special education, and other essential services is not compromised. FCPS remains dedicated to creating a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community. We have a responsibility to ensure that every child has the support needed to achieve their full, unique, and limitless potential. We will not abide attempts to pit one group of students against another."

Also See ...

• 5 NoVA School Districts Reaffirm Transgender Student Policies In Rebuke To Trump Administration
• LGBTQ Pride Message On VA Church Sign Smashed By Vandals
• 'Despite Great Attacks' Fairfax Schools Supports Trans Students, Staff
• New NoVA Prism Center Offers Resources, Space For LGBTQ+ Community

"APS is being asked to violate both state and federal law, and that’s unacceptable," Dr. Francisco Durán and Board Chair Bethany Zecher Sutton said in a letter to the APS board chair on Friday. "Withholding approximately $23 million in federal funding — primarily used to provide over 8,000 low-income students with free breakfast and lunch and thousands of special needs students with counseling and educational supports — rips away the tools and resources that our community relies on for student success and wellbeing."

Scroll Down To Read Dr. Francisco Durán and Bethany Zecher Sutton's Letter.

Vanessa Hall, co-leader of FCPS Pride, said the group "approved this move to protect the civil rights and educational opportunities of all students. When FCPS says 'All students are welcome,' they mean all students. The U.S. Department of Education should not try to peel away the civil rights and funds of any students, including our transgender, low income, and/or disabled students."

Prior to Thursday night's school board meeting, Fairfax Pride held a rally outside Luther Jackson Middle School in Falls Church to show its support for the school system's response to the federal government's demands.

"It seems like every time we take one step forward, we come to a brick wall, which is where we are now, where we look at how could we have come so far?" said Mayor Catherine Read of the City of Fairfax, who was a guest speaker at the rally. "We have put policies in place where our trans students felt safe, seen, and protected, so that they could be educated, because at the end of the day, our government has pledged to provide an education, a public school education, to every child in our community, every single one. All means all. We can't pick and choose who should feel safe and who it's OK not to feel safe."

"It’s disturbing that these Virginia school division leaders are fighting harder to keep boys in girls sports and bathrooms than they are to improve outcomes for students," Education Secretary Linda McMahon wrote in an X post in response to the lawsuit. The Trump Administration will proudly stand for commonsense and protect our young girls. See you in Court."

One of the people listening to Read and the other speakers at the rally was John Reid, the openly gay Republican candidate in the Virginia lieutenant governor's race. The former conservative radio show host had been invited to speak at a parallel rally organized by the Family Foundation.

The following letter from Dr. Michelle Reid was sent to FCPS families and staff on Friday.

Dear FCPS Staff and Families

I am writing to update you on our continued efforts to resolve a matter with the U.S. Department of Education (DOE) concerning Fairfax County Public Schools’ policies and regulations on bathroom and locker room use based on gender identity.

Earlier this month, FCPS reached out in good faith to respond to the assertion made by the U.S. Department of Education’s Office for Civil Rights that our policies and regulations on bathroom and locker use based on gender identity are a violation of Title IX. Rather than reviewing FCPS’ letter, outlining why our policies and regulations are consistent with controlling state and federal law, and requesting further action be stopped until the legal issue is clarified by the courts, DOE took hasty and harmful action.

DOE has attempted to designate FCPS as a “high-risk” entity, effectively freezing access to as much as $167 million in federal funding. This action takes away critical funds appropriated by Congress to support our most vulnerable children.

Again this past week, FCPS reached out to the DOE to address the impossible position that the DOE has placed on our school division - whether to violate a federal court ruling regarding the support of our transgender students or risk this critical funding. The DOE did not respond.

As a result, the Fairfax County School Board, at its regular meeting this week, unanimously voted to authorize legal action against the DOE, sharing the following statement.

“This lawsuit is an important step in our effort to protect the health and safety of all our students in alignment with state and federal law — to ensure that hungry children are fed and that student access to multilingual, special education, and other essential services is not compromised. FCPS remains dedicated to creating a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community. We have a responsibility to ensure that every child has the support needed to achieve their full, unique, and limitless potential. We will not abide attempts to pit one group of students against another."

We want to underscore that these federal funds are not abstract numbers on a spreadsheet; they represent vital support for our most vulnerable children. This funding supports our food and nutrition services, services for our students with disabilities, students from low-income families, and programs that promote teacher development and student achievement across the division. The DOE’s "high-risk" designation unfairly harms tens of thousands of our students by threatening these essential services.

The work of providing a safe and supportive environment for our children matters deeply, and our focus remains squarely on their safety and success. In partnership with our families, we remain steadfast in our commitment to providing a world-class education where each and every student feels safe, included, and empowered to reach their unique potential.

Take Good Care,

Dr. Michelle C. Reid

Superintendent

Fairfax County Public Schools

The following letter from APS superintendent Dr. Francisco Durán and APS Board Chair Bethany Zecher Sutton was sent to families and staff on Friday.

Dear APS Community,

Dear APS Community,

We are writing to provide an update about our school division’s designation by the U.S. Department of Education as a high-risk grantee, effectively freezing $23 million in funding APS relies on to provide services to students and families.

APS has a duty to our students, families and educators to defend the resources they deserve and the policies that protect students of all backgrounds. Today, we filed a complaint asking a federal court to direct the U.S. Department of Education to reverse its designation of Arlington Public Schools as “high-risk” and ensure the federal funds remain available to APS students.

We assert the Department’s funding freeze violates Title IX, the Administrative Procedures Act, and the Spending Clause of the U.S. Constitution. In addition, the Department is incorrectly interpreting Title IX. Our transgender student policy is consistent with both state and federal law, including the Virginia Values Act, and is also supported by recent court decisions affirming protections for transgender students.

APS is being asked to violate both state and federal law, and that’s unacceptable. Withholding approximately $23 million in federal funding—primarily used to provide over 8,000 low-income students with free breakfast and lunch and thousands of special needs students with counseling and educational supports— rips away the tools and resources that our community relies on for student success and wellbeing.

At last week’s Arlington School Board meeting, parents, students and community members spoke on behalf of transgender students, and the importance of upholding our policies and following the law. Your comments continue to guide us and our commitment to honoring our community’s values and preserving our responsibility to provide high-quality public education for all Arlington students. One speaker mentioned how our decision has shown our students that APS is not just a place to go to school, it is a place where they are valued and welcome, and that is the environment we strive to cultivate.

Given the urgent nature of this matter and the irreparable harm placed on students and families, we expect a judge to hear our case quickly and issue an order preserving our federal funding. As this litigation unfolds, we will continue to update you as our case moves through legal proceedings.

As always, APS is committed to ensuring all students can learn in an inclusive environment free from all forms of discrimination.

Thank you,

Dr. Francisco Durán
Superintendent, Arlington Public Schools

Bethany Zecher Sutton
Board Chair, Arlington Public Schools