School board sues the U.S. Education Department

The Fairfax County School Board filed a lawsuit against the U.S. Department of Education on Aug. 28 over a conflict involving bathroom rights for transgender students.

The Education Department had claimed FCPS is in violation of Title IX because it allows trans students to use the bathroom and locker room that conforms to their gender, rather than their biological designation of either male or female.

The department placed FCPS and five other Northern Virginia school districts on “high-risk” status on Aug. 19. That means they would have to pay first, then seek reimbursement for federally funded programs, while proceedings are initiated to terminate federal financial assistance.

That action, to effectively freeze access to as much as $167 million in federal funding, “takes away critical funds appropriated by Congress to support our most vulnerable children,” said FCPS Superintendent Michelle Reid in a statement released on Aug. 29.

“Rather than reviewing FCPS’ letter outlining why our policies and regulations are consistent with controlling state and federal law, and requesting further action be stopped until the legal issue is clarified by the courts, DOE took hasty and harmful action,” Reid said.

That action puts FCPS “in an impossible position,” she said – “whether to violate a federal court ruling regarding the support of our transgender students or risk this critical funding.”

Related story: U.S. Education Department puts FCPS on ‘high risk’ status

FCPS reached out to the Department of Education twice, requesting a chance to discuss the matter. DOE didn’t respond to either letter.

The school board then authorized a lawsuit against Education Secretary Linda McMahon at its regular business meeting on Aug. 28.

The lawsuit notes that the U.S. Court of Appeals for the Fourth Circuit 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. Title IX prohibits discrimination on the basis of sex in federally funded programs.

The DOE’s “‘high-risk’ designation unfairly harms tens of thousands of students,” the school board says, by taking away funding for food and nutrition services, services for students with disabilities, students from low-income families, and programs that promote teacher development and student achievement.

“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,” the statement continues. “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.”