FCPS Pride is urging Northern Virginia school districts to hold their ground after the Department of Education accused the schools’ trans-inclusive policies of violating Title IX.
Last week, the Education Department’s Office for Civil Rights (OCR) found Fairfax County Public Schools and nearby Arlington, Alexandria, Prince William and Loudoun school divisions in violation of Title IX of the Education Amendments of 1972. The findings argue that letting students use bathrooms and other facilities consistent with their gender identity constitutes discrimination on the basis of sex.
The OCR gave school districts 10 days to:
- Rescind policies allowing students to have access to facilities based on their gender identity
- Issue a memo reaffirming the separation of students based on their sex assigned at birth
- Adopt “biology-based definitions” of male and female
The OCR threatened that failure to do so will risk imminent enforcement action, but FCPS Pride — an organization dedicated to advocating for inclusive school policies and practices for LGBTQ employees and students — urged FCPS and other nearby school divisions to hold their ground.
We understand the consequences of not complying with the order may be significant. However, the consequences of reneging on our commitment to nondiscrimination for all students is far more significant.
Schools must be safe places where all students—regardless of gender identity—can thrive without fear of discrimination, harassment, or violence. FCPS‘s current policies, such as R2603.24, are vital for affirming the identities of all youth and fostering a safe learning environment. Not only is this the right thing to do, it follows the binding precedent set in Grimm v Gloucester County School Board, which ruled that Equal Protection Clause of the Fourteenth Amendment and Title IX of the Education Amendments of 1972 protect transgender students from school bathroom policies that prohibit them from affirming their gender.
FCPS Pride warned that rescinding these policies would directly harm transgender and gender diverse students and send “a message that their rights, safety, and dignity are not valued.”
FCPS said on Friday (July 25) that officials would respond after they finished reviewing the document sent by OCR.
“FCPS remains committed to fostering a safe, supportive, welcoming, and inclusive school environment for all students and staff,” the school system added in a statement.
Fairfax County School Board members haven’t commented on the Education Department’s letter so far, but earlier this year, they stood in solidarity with FCPS Pride activists who rallied outside of a school board meeting, taking a photo with group members inside during a proclamation recognizing Trans Day of Visibility.
