School Board appeals ruling on bathroom policy
The Fairfax County School Board is continuing its efforts to resolve a conflict with the U.S. Department of Education over the school system’s policy that allows students to use bathrooms and locker rooms based on their gender identity.
In a Sept. 15 update to the community, Superintendent Michelle Reid said the school board filed an appeal and an Emergency Motion for Injunction Pending Appeal with the U.S. Court of Appeals for the Fourth Circuit.
“The requested injunction asks that the court reverse the district court’s erroneous jurisdictional ruling and stop DOE from suspending FCPS funding,” Reid wrote.
In August, the Department of Education claimed FCPS is in violation of Title IX because it allows transgender students to use the bathrooms and locker rooms that conform to their gender, rather than their biological designation as either male or female.
The department placed FCPS on “high-risk” status, which would have the effect of freezing access to as much as $167 million in federal funding.
Related story: U.S. Education Department puts FCPS on ‘high risk’ status
The school board filed a lawsuit against DOE on Aug. 28 in the U.S. District Court for the Eastern District of Virginia. The suit noted that the U.S. Court of Appeals for the Fourth Circuit had previously ruled that both the Equal Protection Clause and Title IX compel local school boards to provide students with access to facilities that correspond with their gender identity.
On Sept. 5, Judge Rossie Alston Jr. of the Eastern District dismissed the school board’s lawsuit on the grounds that the district court did not have jurisdiction in this matter. “It is important to note that in this ruling, the court recognized that FCPS’s current regulations are compelled by binding Fourth Circuit precedent,” Reid said.
“DOE’s demands would force FCPS to either break that law and discriminate against our students or face the loss of up to $167 million in federal funding,” Reid said.
“FCPS maintains that the DOE’s decision to label the division as ‘high-risk’ and threaten funding is not supported by any identifiable factors or evidence,” she said.
Related story: School board sues the U.S. Education Department
The federal funds at risk support food and nutrition services, cafeteria staff, education and services for students with disabilities, efforts to improve student achievement, technical education, teacher development, and community education programs.
“This legal action is essential to safeguard the health and safety of our students and to maintain vital services that support tens of thousands of children in the division,” Reid said.
“FCPS remains committed to providing a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community,” she said. “Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall continue to be provided with reasonable accommodations.”
I applaud Fairfax County Public School (FCPS) leaders spending significant sums pursuing this likely losing litigation against the Trump Administration to support all the students of FCPS.
Bravo!
Dr. Reid and a large number of the board should resign or be removed. They claim that loss of funding would have irreparable consequences for nutrition for poor families and special needs programs. She is willing to sacrifice these programs for the transgender ideology and has not provided any alternatives. It is clear that she thinks that this issue is far more important than providing education to underserved children. We FFX parents MUST be vocal that our children are not bargaining chips.
Thank you FCPS for fighting for human rights for all students! Much easier to fold to the “it’s not my kid so who cares” crowd but you’re on the right side of history.
“Transgender ideology” refers to actual children. They’re not bargaining chips either.
Tell my gay daughter at AHS who doesn’t use the locker room to change because there is a biological boy changing there. Tell all the hungry kids who depend on lunch programs. Tell all the AHS Special Olympian’s that they must sacrifice their education to let a boy in their locker room. People are not ideologies because people can change their point of view. Dr. Reid would rather focus on this political issue instead of education and her record of bungling the National merit awards, the Hayfield football, and now this proves it.
Andy, FCPS is absolutely correct in fighting the Trump administration on this. This administration does not care about the students in our schools, or any school for that matter! This all about targeting a marginalized group in our society. All kids deserve to feel that they are safe and respected. The lack of humanity from many in our community is truly appalling.
I agree that the lack of humanity is disturbing more now than in the last 30 years. I have never seen such fear mongering by a school superintendent ever. She’s never said what their contingency plan is if the administration denies their funding. I have a plan for her though, she get take a pay cut on that $450k salary, repay the taxpayer funded bodyguard that costs us $200k/yr, and cut back some of the $6M in DEI funding. That seems better than cutting special needs and nutrition, no?
You are referring “the lack of humanity” of the current superintendent. What about what the current administration is doing? Targeting marginalized groups in our society. Degrading them. It is all about the cruelty. I do not want my kids to continue to grow up in society where this egregious behavior is accepted. I appreciate what FCPS is doing. And if you want to talk about funding perhaps whatever the DOE is going to pay Moms of Liberty (and other similar right wing orgs) can be diverted to help all children in FCPS and not just promote their right wing ideology. With the way Trump is spending money, seems like there is plenty to go around!!
Keep on keeping on, FCPS! Thank you for siding with your students and constituents over that overzealous, tyrannical administration.
Yes, cannot give into bullies. We need to continue to speak up.
Thank you FCPS for fighting for the human rights of all students! It would be easier to fold to the “it’s not my kid so who cares” crowd, but you’re on the right side of history.
Could someone please explain to me why the supposed “rights” of a couple of psychologically disturbed male students should trump (no pun intended) the privacy rights of the 51% of the student body that are real girls?
You are the wrong of a 90%-10% issue. You know that, right?
Good, I am glad someone is standing up against this regime. Keep going FCPS!
Damaging children is all FCPS is doing. The trans policy damages far more children than it helps, and breaking the law is going to damage children by losing funding.
I continue to be amazed at how only one side seems to have “human rights” and it’s always the low percentage of the population. And which side is destroying democracy?
I don’t have a “side,” unless it’s believing that *all* people deserve to be treated with kindness and respect. It doesn’t need to be a competition, honestly.
Majority rules. That’s how democracy works.
All humans should have human rights. Period, end of story. What exactly are you debating?
Sadly we are all learning an unpleasant lesson in consequences, apparently some are new to this and others aren’t. Particularly the consequences of choices that individuals make and have to live with, as well as living with others that either agree or don’t with a choice (we all judge, it is inherent trait of all animals). Compounding the lessons on consequences is amplified by the collective action of elections (different levels of government matter). There are no enforceable universal rights, only those we have in our system of government (one of the best and at times worst in the world). You want to make a change, start with yourself, vote, then organize your friends and family to agree with you and also vote. This will not guarantee your views will win or change anything, but you have acted and with time contribute to a change (but it may not be the one you want).