Fairfax County Public Schools (FCPS) has announced that it will take legal action against the U.S. Department of Education (DOE) following a dispute over the district’s policies regarding bathroom and locker room use based on gender identity.
Earlier this month, FCPS contacted the DOE’s Office for Civil Rights in response to an assertion that the school system’s policies violate Title IX. FCPS stated that its regulations align with both state and federal law, and asked the DOE to halt any further action until courts clarify the legal issue. The DOE did not review FCPS’ letter and instead designated the school division as a “high-risk” entity, which has resulted in the freezing of up to $167 million in federal funding.
According to FCPS Superintendent Dr. Michelle C. Reid, these funds are critical for supporting food and nutrition services, programs for students with disabilities, students from low-income families, teacher development initiatives, and other essential student achievement programs throughout the division.
FCPS made additional attempts last week to address concerns with the DOE but did not receive a response.
At its regular meeting this week, the Fairfax County School Board voted unanimously to authorize legal action against the DOE. The board issued a statement: “This lawsuit is an important step in our effort to protect the health and safety of all our students in alignment with state and federal law — to ensure that hungry children are fed and that student access to multilingual, special education, and other essential services is not compromised. 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. We have a responsibility to ensure that every child has the support needed to achieve their full, unique, and limitless potential. We will not abide attempts to pit one group of students against another.”
Dr. Reid emphasized that these federal funds represent vital support for vulnerable children across Fairfax County: “We want to underscore that these federal funds are not abstract numbers on a spreadsheet; they represent vital support for our most vulnerable children. This funding supports our food and nutrition services, services for our students with disabilities, students from low-income families, and programs that promote teacher development and student achievement across the division. The DOE’s ‘high-risk’ designation unfairly harms tens of thousands of our students by threatening these essential services.”
She added: “The work of providing a safe and supportive environment for our children matters deeply, and our focus remains squarely on their safety and success. In partnership with our families, we remain steadfast in our commitment to providing a world-class education where each and every student feels safe, included, and empowered to reach their unique potential.”
