FCPS won’t comply with federal order to rescind bathroom policy for trans students

Fairfax County Public Schools will not comply with a U.S. Department of Education order to change its policies on bathrooms for transgender students.

On July 25, the U.S. Education Department’s Office for Civil Rights notified FCPS and four other Northern Virginia school systems that their policies and regulations violate Title IX, a civil rights law that prohibits sex-based discrimination. Those districts are protecting the rights of transgender students to use bathrooms and locker rooms based on their gender identity.

“We were given 10 days to update our policies and regulations or risk potential penalties, including losing up to $160 million in federal funding,” FCPS Superintendent Michelle Reid wrote in a statement posted online on Aug. 15. “Our joint request with the other divisions for a 90-day extension to engage in thoughtful discourse was denied.”

The school systems of Arlington, Loudoun, and Prince William counties and the City of Alexandria are also retaining their current bathroom policies regarding trans students.

“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,” Reed states. “Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall continue to be provided with reasonable accommodations.”

FCPS submitted a letter to the Office for Civil Rights on Aug. 15, “outlining why our policies and regulations are consistent with controlling state and federal law,” Reed states. “We have asked OCR to stop further action while this legal issue is clarified by the courts.”

“We firmly believe this request is prudent, reasonable, fair, and consistent with our legal responsibilities under Title IX, as well as our commitment to protecting all students from discrimination,” she says. “While this case is pending, FCPS policies and regulations will stay aligned with Virginia law and the rulings of the federal Court of Appeals for the Fourth Circuit.”

In 2020, the court ruled that transgender students can use restrooms consistent with their gender identity.

Related story: FCPS won’t implement Youngkin’s model policies on trans students

But then in January, President Trump issued an executive order requiring the Department of Education to block federal funds to schools with policies that support transgender students.

The U.S. Education Department launched an investigation into the five Northern Virginia school systems in response to a complaint about their bathroom policies filed by America First Legal, a conservative group founded by White House Deputy Chief of Staff Stephen Miller.

As a result, the department is now calling for the districts to “voluntarily agree” to rescind their gender-identity policies and instead adopt “biology-based definitions of the words ‘male’ and ‘female’ in all practices and policies relating to Title IX.” Districts that fail to comply by Aug. 15 “risk imminent enforcement action including referral to the U.S. Department of Justice.”

School board member Karl Frisch (Providence) defended Reid’s actions. “I cannot sit idly by while adults who should know better try to pit one group of students against another,” he said. “Our responsibility is to ensure that every child – including those who are transgender or gender nonconforming – has an opportunity to achieve their full, unique, and limitless potential.”

Rep. Don Beyer (D-Va.) issued the following statement: “I am proud that local education leaders in our community are focused on following the law and ensuring a strong start to the year for all Northern Virginia students, as opposed to joining the Trump Administration’s political stunts.”