Several Northern Virginia school districts, including Fairfax County Public Schools, are in the crosshairs of the U.S. Department of Education after a conservative legal group filed a complaint challenging their transgender-inclusive bathroom and locker room policies.
The Department of Education’s Office for Civil Rights (OCR) opened an investigation this week into Fairfax, Arlington, Alexandria, Loudoun and Prince William schools in response to the complaint from America First Legal, a nonprofit founded by former Trump advisor Stephen Miller.
AFL argues that the policies allowing students to use names, pronouns and facilities aligned with their gender identity violate Title IX, which prohibits discrimination in federally funded education based on sex. A notice of the investigation was sent on Wednesday (Feb. 12) and publicized by the AFL today (Friday).
FCPS, which adopted official protections for transgender and gender-expansive students in 2020, maintains that it complies with federal and state laws and is committed to providing a safe, inclusive environment.
American First Legal had already sued FCPS over its LGBTQ-inclusive policies, framing them as a violation of religious and free speech rights.
In December, a Fairfax County Circuit Court judge allowed the lawsuit to move forward, and a no-jury trial is now scheduled for Sept. 29, according to court records.
The Education Department launched its new investigation into Northern Virginia public schools just a week after President Donald Trump signed an executive order banning transgender female athletes from competing in girls’ sports and directing federal agencies to withhold funding from schools and athletic organizations that don’t comply.
The Virginia High School League announced earlier this week that it will revise its policies to match the executive order after a decade of allowing students to compete based on their gender identity. FCPS said it’s still waiting for official guidance to determine how to move forward.
In its notice to American First Legal, the OCR noted that its decision to open an investigation “does not mean that OCR has made a final determination with regard to the merits.”
“During the investigation, OCR is neutral,” the office said. OCR will collect and analyze the evidence it needs in order to make a decision about the complaint. OCR will ensure that its investigation is legally sufficient in accordance with OCR’s CPM.”
Last week, the department announced investigations into several educational institutions, including San Jose State University and the University of Pennsylvania, over policies allowing transgender athletes to compete on women’s sports teams.
The AFL declared the investigation launch a “reckoning” for Northern Virginia schools in a press release.
In a statement, FCPS maintained confidence in its policies supporting transgender and gender-non-conforming students, which it said are consistent “with state and federal anti-discrimination laws and binding court precedent.”
FCPS remains committed to fostering a safe, supportive, welcoming, and inclusive school environment for all students and staff, including our transgender and gender-expansive students and staff.
We know that students can only learn effectively when they feel safe and supported and accepted for who they are.
All students have a right to privacy in FCPS facilities or while participating in FCPS-sponsored events. Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall be provided with reasonable accommodations.
