Fairfax County Public Schools (FCPS) has taken legal steps to address a dispute with the U.S. Department of Education (DOE) regarding its policies on bathroom and locker room use based on gender identity. Last week, FCPS filed an appeal with the United States Court of Appeals for the Fourth Circuit and this week submitted an Emergency Motion for Injunction Pending Appeal to the same court. The injunction seeks to reverse a previous district court ruling and prevent the DOE from suspending federal funding to FCPS.
On September 5, 2025, Judge Rossie D. Alston, Jr. of the Eastern District of Virginia dismissed FCPS’s lawsuit, stating that his court lacked jurisdiction over the matter. The court noted that current FCPS regulations are required by binding Fourth Circuit precedent.
The DOE has labeled FCPS as “high-risk” and threatened to suspend up to $167 million in federal funding if it does not comply with DOE demands regarding gender identity policies. According to FCPS, these funds are essential for supporting food and nutrition services, staffing cafeterias, providing services and instruction for students with disabilities, improving student achievement, enhancing technical education, promoting teacher development, and funding 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,” said Dr. Michelle C. Reid, Superintendent of Fairfax County Public Schools.
Dr. Reid emphasized that FCPS remains committed to creating a safe and inclusive environment for all students and staff members: “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.”
She added that FCPS will keep families informed as new developments arise: “We will continue to keep you informed as new information becomes available in our ongoing efforts to support and protect our students.”
