Fairfax County Public Schools (FCPS) has filed an appeal with the United States Court of Appeals for the Fourth Circuit of Virginia. The move follows a recent decision by Judge Rossie D. Alston, Jr. of the Eastern District of Virginia, who dismissed FCPS’s lawsuit on the grounds that his court does not have jurisdiction to rule on federal funding allocations.
According to FCPS, this legal action responds to demands from the U.S. Department of Education (DOE) regarding policies and regulations on bathroom and locker room use based on gender identity. The school division stated: “Alarmingly, the DOE’s demands would force the division into an unacceptable position of breaking the law and discriminating against our students. Today’s 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 DOE has threatened to withhold up to $167 million in federal funding unless FCPS changes its current policies related to Title IX and facilities usage. FCPS maintains that its existing policies comply with both Virginia and federal laws, asserting: “The DOE is demanding that FCPS violate these laws by accepting their ultimatum to change our policies or face the loss of up to $167 million in federal funding.”
The court recognized that FCPS’s current regulations are compelled by binding Fourth Circuit precedent, according to statements from school officials.
FCPS also challenged the DOE’s decision to designate it as “high-risk,” stating: “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. Our outreach efforts continue with the DOE to seek reconsideration of the designation of FCPS as a ‘high-risk’ entity.”
The funds at risk provide support for food and nutrition services, staffing cafeterias, services for students with disabilities, student achievement programs, technical education, teacher development initiatives, and community education.
In its statement, FCPS reiterated its commitment: “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.”
Superintendent Dr. Michelle C. Reid assured families that updates will be provided as new information becomes available.
