Fairfax Schools Appeal Dismissal Of Gender Policies Lawsuit

FAIRFAX COUNTY, VA — Fairfax County Public Schools have appealed a federal judge's decision to dismiss the school system's lawsuit against the U.S. Department of Education aimed at resolving a dispute over policies on bathroom and locker room use based on gender.

On Sept. 5, U.S. District Judge Rossie D. Alston Jr. denied a request by the Arlington County and Fairfax County school boards to issue a preliminary injunction and/or temporary restraining order that would have prevented officials from denying federal money to the school districts over their gender policies. Those policies run afoul of the Trump administration.

"The DOE’s demands would force FCPS to either break that law and discriminate against our students or face the loss of up to $167 million in federal funding," FCPS Superintendent Dr. Michelle Reid wrote in a letter sent to FCPS families on Monday. "FCPS maintains that the DOE's decision to label the division as 'high-risk' and threaten funding is not supported by any identifiable factors or evidence."

In his analysis of the school system's complaint, Alston determined the court lacked subject matter jurisdiction and could not rule on the merits of the questions raised by the plaintiffs. For that reason, he dismissed the school system's request to issue a preliminary injunction and/or temporary restraining order.

"Last week, FCPS officially filed an appeal with the United States Court of Appeals for the Fourth Circuit, and this week filed an Emergency Motion for Injunction Pending Appeal with the Fourth Circuit," Reid said. "The requested injunction asks that the court reverse the district court’s erroneous jurisdictional ruling and stop DOE from suspending FCPS funding."

Also See ...

• Gender Policies Lawsuits By Arlington, Fairfax Schools Dismissed
• Arlington, Fairfax Schools Sue Feds Over Gender Policies
• 5 NoVA School Districts Reaffirm Transgender Student Policies In Rebuke To Trump Administration
• LGBTQ Pride Message On VA Church Sign Smashed By Vandals

Losing that federal funding would put at risk support for food and nutrition services, as well as staffing at school cafeterias, according to Reid.

"Other funding supports services and instruction for students with disabilities, aims to improve student achievement, enhances technical education, promotes teacher development, and funds community education programs," she said. "This legal action is essential to safeguard the health and safety of our students and to maintain vital services that support tens of thousands of children in the division."

The following is the full text of FCPS Superintendent Dr. Michelle Reid's Sept. 16 letter.

Hello FCPS Staff and Families,

As promised, I am writing to share the latest information in our ongoing efforts to resolve a matter with the U.S. Department of Education (DOE) concerning Fairfax County Public Schools’ (FCPS) policies and regulations on bathroom and locker room use based on gender identity.

Last week, FCPS officially filed an appeal with the United States Court of Appeals for the Fourth Circuit, and this week filed an Emergency Motion for Injunction Pending Appeal with the Fourth Circuit. The requested injunction asks that the court reverse the district court’s erroneous jurisdictional ruling and stop DOE from suspending FCPS funding.

On September 5, 2025, Judge Rossie D. Alston, Jr. of the Eastern District of Virginia dismissed our lawsuit, citing that his court did not have jurisdictional authority in this matter. It is important to note that in this ruling, the court recognized that FCPS’ current regulations are compelled by binding Fourth Circuit precedent.

The DOE’s demands would force FCPS to either break that law and discriminate against our students or face the loss of up to $167 million in federal funding. FCPS maintains that the DOE's decision to label the division as “high-risk” and threaten funding is not supported by any identifiable factors or evidence.

These vital federal funds that remain at risk support food and nutrition services, as well as staffing our cafeterias. Other funding supports services and instruction for students with disabilities, aims to improve student achievement, enhances technical education, promotes teacher development, and funds community education programs. This legal action is essential to safeguard the health and safety of our students and to maintain vital services that support tens of thousands of children in the division.

FCPS remains committed to providing a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community. Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall continue to be provided with reasonable accommodations. FCPS continues to focus on supporting a world class education for each and every one of our students.

We will continue to keep you informed as new information becomes available in our ongoing efforts to support and protect our students.

Take good care,

Dr. Michelle C. Reid
Superintendent
Fairfax County Public Schools