The Fairfax County Public School (FCPS) district is suing the Department of Education (DoE) over a freeze in their federal funding. The department froze funding after FCPS refused to change policies involving transgender students.
FCPS, along with four other school districts in North Virginia were placed on “high risk status” by the DoE for not removing policies surrounding trans students’ use of locker rooms and bathrooms that correspond with their gender identity. The “high risk status” has resulted in their federal funding being temporarily frozen.
During a school board meeting on August 27, FCPS voted to sue the DoE over the freeze in funding being unconstitutional. The district along with Arlington Public Schools filed the lawsuit in the U.S. District Court for the Eastern district of Virginia.
“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,” FCPS said in a statement.
It was estimated by FCPS that $167 million in funding has been cut off from the district.
“This funding supports our food and nutrition services, services for our students with disabilities, students from low-income families, and programs that promote teacher development and student achievement across the division,” Superintendent Michelle Reid wrote in a letter to the district.
The DoE argues that by keeping these policies, the Northern Virginia school districts are violating Title IX, which is a law that prevents sex-based discrimination in an educational setting.
“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,” Superintendent of Arlington Public Schools, Fransicio Durán said.
The other three schools in Northern Virginia that were placed on “high risk status” have not currently taken legal action against the Department of Education.
