Fairfax County Public Schools responds to DOE over Title IX policy dispute

Dr. Michelle C. Reid Division Superintendent - Fairfax County Public Schools
Dr. Michelle C. Reid Division Superintendent - Fairfax County Public Schools
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Fairfax County Public Schools (FCPS) has provided an update regarding its ongoing dispute with the U.S. Department of Education (DOE) over policies related to bathroom and locker room use based on students’ gender identity.

According to Superintendent Dr. Michelle C. Reid, the DOE issued a demand at the start of the school year that would require FCPS to either break existing court precedent or risk losing up to $167 million in federal funding. Dr. Reid stated, “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.”

Earlier this week, the DOE responded to FCPS’s Emergency Motion for Injunction Pending Appeal with the Fourth Circuit Court. The injunction seeks reversal of what FCPS describes as an erroneous jurisdictional ruling by a district court and aims to prevent suspension of federal funding. Dr. Reid noted, “Today, FCPS has filed a response citing our continued compliance with state and federal laws.”

Dr. Reid also explained that FCPS recently lost federal funding for several grants intended to support student learning and mental health services for 180,000 students within the division. She commented on these developments: “At a time when we know that so many of our young people are struggling, it is reckless to curtail this funding.”

Additional federal funds at risk include those supporting food and nutrition services, cafeteria staffing, special education services, student achievement initiatives, technical education programs, teacher development efforts, and community education projects.

The legal action taken by FCPS seeks to safeguard student health and safety while maintaining essential services across the school system.

Dr. Reid concluded her message by assuring staff and families that updates will continue as new information becomes available: “We will continue to keep you informed as new information becomes available in our ongoing efforts to support and protect our students.”



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