Fairfax County Public Schools (FCPS) has provided an update to staff and families regarding its policies on bathroom and locker room use based on gender identity. The communication comes after the U.S. Department of Education’s Office for Civil Rights (OCR) informed FCPS and four other Virginia school divisions that their current policies may violate Title IX.
On July 25, 2025, OCR notified the districts that they had ten days to revise their policies or face possible penalties, including the potential loss of up to $160 million in federal funding. A joint request from FCPS and the other divisions for a 90-day extension was denied.
In response, FCPS submitted a follow-up request to OCR, explaining why it believes its existing policies comply with both state and federal law. The district also asked OCR to pause further action while courts address the legal questions involved.
Dr. Michelle C. Reid, Superintendent of FCPS, stated: “Let me be clear that 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. 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: “We firmly believe this request is prudent, reasonable, fair, and consistent with our legal responsibilities under Title IX, as well as our commitment to protecting all students from discrimination. While this case is pending, FCPS policies and regulations will stay aligned with Virginia law and the rulings of the federal Court of Appeals for the Fourth Circuit.”
The superintendent emphasized FCPS’s ongoing commitment to providing safe learning environments as one of the largest public school divisions in the country.
