Fairfax County Public Schools has encountered at least a temporary setback in its bid to prevent the federal government from cutting off funding over its support for transgender students.
On Friday (Sept. 5), a federal judge in Alexandria dismissed the lawsuit that the Fairfax and Arlington county school boards had filed against the U.S. Education Department, denying their requests for an injunction to halt the funding freeze as the case proceeds.
U.S. District Judge Rossie Alston Jr. stated in a 13-page opinion that the court “lacks subject matter jurisdiction” to require the government to restore or prevent it from freezing funds. He indicated the Court of Federal Claims would be a more appropriate venue.
The lawsuit was dismissed without prejudice, meaning it can be refiled.
“We are disappointed by Friday’s ruling by the U.S. District Court for the Eastern District of Virginia,” FCPS said in a statement shared with FFXnow. “We are considering our next steps in the courts as we strongly believe the Department of Education’s classification of FCPS as a ‘high-risk’ entity effectively holds the division hostage and violates binding precedent from the Fourth Circuit Court of Appeals. This designation unfairly harms tens of thousands of our most vulnerable students who depend on these federal dollars.”
FCPS and Arlington Public Schools sued U.S. Secretary of Education Linda McMahon and the Education Department on Aug. 29 for putting them and three other Northern Virginia public school systems on “high risk” status, restricting their access to federal funds after they refused to rescind policies letting students use bathrooms and other facilities that match their gender identity.
Arguing that they’re violating Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in educational programs that receive federal funds, McMahon directed the Education Department on Aug. 19 to start the process of terminating federal financial assistance to the school districts, which also include Prince William County, Loudoun County and Alexandria City.
The department will also require the districts to pay their expenses upfront and then request reimbursement in order to receive over $50 million in grants and other funding, she said.
In their lawsuit, FCPS and APS countered that the Trump administration’s stance on Title IX goes against a legal precedent established by the Fourth Circuit Court of Appeals, which ruled in 2020 that denying transgender students access to bathrooms that match their gender identity is unconstitutional.
“FCPS strongly believes the DOE’s actions violate the U.S. Constitution, and the Administrative Procedures Act,” FCPS said in its statement, referring to the law that governs how federal agencies can make and enforce policies. “This put FCPS in the untenable position of needing to violate federal court precedent to secure necessary funding.”
According to the now-dismissed complaint, the Education Department’s funding freeze affects $167 million, including $61 million to pay food services staff and provide free and reduced-price meals, and $41 million to support services for students with disabilities.
Services for low-income families, professional development for teachers, support for technical and community education, and programs aimed at increasing student achievement would also be affected, FCPS says.
The school system reiterated that it “remains focused on supporting a world class education for each and every one of our students.”
“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,” FCPS 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.”
A day before the lawsuit was filed, students, teachers, parents and community members led by FCPS Pride held a rally to encourage the Fairfax County School Board to keep resisting the pressure from the Trump administration to change their inclusive policies.
While the lawsuit was only filed by Fairfax County and Arlington schools, an attorney representing them said during a court hearing last Wednesday (Sept. 3) that Loudoun and Alexandria were expected to join as plaintiffs against the federal government, NBC4 reported.
