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 for students based on gender identity.
Superintendent Dr. Michelle C. Reid informed staff and families that the DOE had recently issued a demand to FCPS, requiring changes that could either force the school division to violate established court precedent or risk losing up to $167 million in federal funding. According to Dr. Reid, “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.”
Last week, the Fourth Circuit Court of Appeals denied FCPS’s Emergency Motion for Injunction Pending Appeal. Dr. Reid clarified, “To be clear, the Court did not deny FCPS’ underlying appeal. That appeal is still pending with the Fourth Circuit.” On October 2, FCPS filed a motion asking the court to expedite its current appeal due to the urgency of the situation.
Dr. Reid also noted that FCPS, along with other divisions nationwide, recently lost federal grant funding used for student learning initiatives and mental health support for approximately 180,000 students in Fairfax County schools. She stated, “At a time when we know that so many of our young people are struggling, it is reckless to curtail this funding.”
Other federal funds at risk include those supporting food and nutrition services, cafeteria staffing, special education services for students with disabilities, programs aimed at improving student achievement and technical education, teacher development initiatives, and 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. Reid.
She emphasized FCPS’s commitment to working with all families to ensure a safe and inclusive environment for every student and staff member, including transgender and gender-expansive individuals.
“We will continue to keep you informed as new information becomes available in our ongoing efforts to support and protect our students,” Dr. Reid concluded.
