Metro Weekly

Northern Va. Schools Face Federal Threat Over Trans Policies

Education Dept. warns five Northern Virginia districts to rescind trans-inclusive bathroom policies or risk losing federal funds.

Department of Education says pro-trans policies in 5 Northern Virginia school districts violate Title IX
Department of Education says pro-trans policies in 5 Northern Virginia school districts violate Title IX.

The U.S. Department of Education has warned the school districts of Arlington, Alexandria, Fairfax, Loudoun, and Prince William that they could lose federal funding or face legal action if they do not roll back policies allowing transgender students to use bathrooms matching their gender identity.

The investigations, launched in February after a complaint from America First Legal — a group founded by former Trump adviser Stephen Miller — alleges the policies give transgender students more rights than cisgender students under Title IX.

The Education Department has recently stepped up challenges to pro-transgender school policies nationwide, even declaring June, traditionally recognized as Pride Month, as “Title IX Month” and pledging to roll back policies affirming transgender students.

On July 25, the department’s Office for Civil Rights said the policies — some dating to the Obama era and others adopted under Biden — violate Title IX and “have been trampling on the rights of students in the service of an extreme political ideology.”

The Education Department said the districts have 10 days to “voluntarily agree” to a resolution or face losing federal funds and possible referral to the Justice Department, citing a Trump-era order that recognizes only two sexes.

The resolution would force the districts to rescind pro-transgender policies, issue a memo requiring future rules to enforce sex-segregated facilities based on birth sex, and adopt “biology-based” definitions of “male” and “female” when enforcing Title IX.

The five districts, which educate about a third of Virginia’s public school students, are in liberal-leaning areas that resisted Gov. Glenn Youngkin’s “parental rights” agenda. His administration introduced “model policies” requiring schools to inform parents if a student comes out as transgender and to change a student’s records only with written parental consent. Even with parental approval, teachers could refuse to use a student’s preferred pronouns based on personal beliefs.

The policies also required students to use facilities matching their sex at birth, but allowed transgender students to use single-stall or unisex bathrooms.

The model policies sparked protests from parents and students, thousands of whom staged walkouts across Virginia. The five districts ultimately rejected the policies, citing a federal appeals court ruling in former Virginian Gavin Grimm’s case that found transgender bathroom bans violate Title IX.

It is unclear whether repealing the policies would hold up in court, as Virginia school districts remain bound by the 4th Circuit’s ruling in the Grimm case. Complying with the Education Department’s resolution could invite new lawsuits from transgender or LGBTQ advocacy groups.

The U.S. Supreme Court has not yet ruled on the constitutionality of transgender “bathroom bans.”

Officials in the five districts told the Washington Post that they are reviewing the Education Department’s findings while trying to reassure families that transgender students will not face discrimination or lose accommodations.

Fairfax County Public Schools, Virginia’s largest district, said in a statement that it “remains committed to fostering a safe, supportive, welcoming, and inclusive environment for all students and staff.”

Loudoun County Public Schools said staff “will continue to ensure full compliance with state and federal laws” while maintaining an environment “where every student can thrive and reach their fullest potential.”

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