Two Virginia schools sue Department of Education over transgender student policies

WASHINGTON, D.C. (WRIC) -- Two Virginia school districts sued the U.S. Department of Education on Friday to fight for transgender student policies after the department assigned them "high-risk status" earlier in August.

On Friday, Aug. 30, two Northern Virginia divisions -- Arlington Public Schools and Fairfax County Public Schools -- filed a complaint to ask a judge to prevent the Donald Trump administration from freezing federal funding over gender policies.

This comes more than a week after the department claimed that these two districts, along with Alexandria City Public Schools, Loudoun County Public Schools and Prince William County Public Schools, were considered "high-risk status" on Tuesday, Aug. 19.

In July, all five divisions were found to have allegedly violated Title IX of the Education Amendments of 1972.

According to the U.S. Department of Education, the divisions refused to change the policies and resolve their Title IX violations by Friday, Aug. 14, and as a result, have been at risk of losing federal funding.

These schools are now under reimbursement status for all department-related funds.

Funds include formula funding, discretionary grants and impact aid grants, which total over $50 million. The divisions will need to pay their education expenses in advance before requesting reimbursement for spending to access funds.

On Friday, Fairfax County Public Schools said the decision is "effectively freezing access to as much as $167 million in federal funding." Arlington Public Schools also emphasized the detriment to the schools, saying the department’s decision affects $23 million in school funds.

Arlington Public Schools added that the $23 million in federal funding would usually provide over 8,000 low-income students with free meals, and special needs students would be offered counseling and education support.

According to Superintendent Michelle Reid, Fairfax County Public Schools tried to contact the department to address the decision, but said that as of Friday, the department had not responded.

As a result, Fairfax County Public Schools unanimously voted to take legal action and, in a statement, said:

“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."

The department's Office for Civil Rights (OCR) reportedly finished its investigation into the districts on Tuesday, July 29, by finding all five districts in violation since they allow students to occupy intimate facilities based on gender and not biological sex.

“Nothing in the text of Title IX prohibits schools from allowing transgender students from accessing school facilities that align with their gender identity,” the complaint filed by the Fairfax school board states. “To the contrary, several U.S. Courts of Appeals — including the Fourth Circuit — have held that Title IX requires schools to allow such access.”

"It’s disturbing that these Virginia school division leaders are fighting harder to keep boys in girls sports and bathrooms than they are to improve outcomes for students," Secretary Linda McMahon said in a social post on Friday afternoon. "The Trump Administration will proudly stand for commonsense and protect our young girls. See you in Court."

In the complaint, the two Virginia districts claim that their policies align with the 4th Circuit ruling in Grimm v. Gloucester County School Board, which supported transgender students' rights.

"Grimm stands for the proposition that policies that prohibit transgender students
from using the facilities that align with their gender identity constitute sex-based discrimination
and violate Title IX. Id," the complaint reads. "The APS policy at issue is consistent with Grimm and therefore complies with, not violates, Title IX."

The U.S. Department of Education's OFR also found the Denver Public Schools district violated Title IX of the Education Amendments of 1972 on Thursday, Aug. 28. According to the department, the Denver school system allegedly violated the law when the city's East High School converted a girls’ restroom into an all-gender facility for both sexes.

The department said Title IX "prohibits discrimination based on sex in educational programs or activities receiving federal financial assistance," per an. Aug. 19 release.

"Students are punished when federal funding, primarily used to provide free breakfast and lunch for over 8,000 students or counseling and education for special needs students, is ripped away,” said Dr. Francisco Durán, Superintendent, Arlington Public Schools. "We strongly disagree with the U.S. DOE’s assertion that our policy violates Title IX. Current APS policy adheres to state and federal law. The U.S. DOE is demanding we violate those laws and, in our view, following the law is not optional. We will continue to uphold and advocate for policies that reflect our values and support the academic and social-emotional well-being of every child.”