Two school districts in Northern Virginia filed suit against the Department of Education over the agency’s decision to withhold federal funds because the school systems refused to change their transgender policies.
Arlington Public Schools (APS) and Fairfax County Public Schools (FCPS) filed lawsuits Friday claiming the DOE’s funding freeze is unconstitutional.
Fairfax County schools are at risk of losing $167 million in federal funding, FCPS said in a statement. Arlington schools could lose $23 million, APS said.
Those millions of dollars go toward free lunches for students in need, education for students with disabilities and other programs, the school districts said.
“DOE has placed FCPS in an impossible position by demanding the division violate federal law to protect its funding, and in turn be forced to discriminate against students. The ‘high-risk’ designation unlawfully and unfairly harms tens of thousands of FCPS children,” FCPS said in part. “These crucial federal dollars are used to support food and nutrition services, as well as the staffing of cafeterias. Other funding is used for services and instruction for students with disabilities, to increase student achievement, support technical education, promote teacher development, and fund community education programs.”
The Fairfax County School Board voted Thursday to move forward with the lawsuit against the DOE and Education Sec. Linda McMahon, FCPS said.
“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,” Arlington Public Schools Superintendent Francisco Durán said in a statement.
The Department of Education said Friday it will start the process of suspending or cutting off federal funds to five Northern Virginia school districts: Alexandria, Arlington, Fairfax, Loudoun and Prince William. It follows the decision by the districts to reject the department’s demand that they change their bathroom and locker room policies for transgender students. News4’s Julie Carey reports.
Earlier this month, the DOE put Arlington Public Schools, Fairfax County Public Schools and three other Northern Virginia districts on “high-risk status” for their policies allowing students to use bathrooms and locker rooms that align with their gender identity. All five school systems in Northern Virginia rejected the department’s demand in July that they reverse the transgender policies and require students to use the facility that matches their sex at birth.
The high-risk designation means the school districts will have to pay for certain expenses up front before requesting reimbursements for any funding from the federal government, according to the DOE. The federal agency said it was also moving forward with proceedings to suspend or cut off federal funds to public schools in Arlington, Fairfax, Loudoun and Prince William counties and Alexandria.
The Education Department’s Office of Civil Rights argued the existing policies violate Title IX. The DOE accused the districts of “trampling on the rights of students in the service of an extreme political ideology.”
But the five school districts said they’re not violating Title IX.
“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,” Durán said.
Alexandria City Public Schools told News4 it’s considering all legal options. News4 is still awaiting a response from Loudoun and Prince William counties, and the Department of Education.
Lawyers with all five school districts have argued their current policies are supported by court precedent: the 4th Circuit Court of Appeals decision in the Gavin Grimm case. The Virginia transgender teen sued and won after he was forced to use a separate bathroom.
“Fairfax and Arlington are choosing ideology over common sense, and now our children are the ones paying the price,” Virginia Lt. Gov. Winsome Earle-Sears said in a statement. “Title IX was written to protect women and girls, not erase them. Instead of suing to keep boys in girls’ bathrooms and locker rooms, these school boards should be focused on educating our children and keeping every student safe.
Earle-Sears is the Republican nominee for governor.
Virginia Attorney General Jason Miyares previously told News4 he believes the Trump administration has it right and the Northern Virginia districts are in the wrong.
“In my opinion, they are in violation of Title IX. I think this is a great example of being so open-minded that your brain falls out,” he said. “Their first priority should be, I think, making sure our women keep their safe spaces.”
Parents and community members fought to be heard as the Loudoun County school board was expected to discuss which bathrooms and locker rooms transgender students may use after a federal order. News4’s Jessica Albert spoke with demonstrators.
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