Fairfax County Public Schools is appealing the dismissal of its lawsuit against the U.S. Department of Education.
The school system asked the U.S. Court of Appeals for the Fourth Circuit of Virginia yesterday (Tuesday) to overturn a lower court’s decision denying a preliminary injunction that would’ve prevented the Education Department (DOE) from restricting its access to federal funding, Superintendent Michelle Reid announced.
“Alarmingly, the DOE’s demands would force the division into an unacceptable position of breaking the law and discriminating against our students,” Reid wrote in a statement. “Today’s legal action is essential to safeguard the health and safety of our students and to maintain vital services that support tens of thousands of children in the division.”
U.S. Secretary of Education Linda McMahon placed FCPS and four other Northern Virginia school districts on “high risk” status last month after they refused to roll back policies allowing students to access facilities, such as bathrooms and locker rooms, matching their gender identity.
Arguing that the policies violate Title IX, which prohibits discrimination based on sex in public education, McMahon moved to terminate federal funding for Fairfax, Arlington, Loudoun, Prince William and Alexandria schools. She also announced that the schools would be required to request reimbursement in order to receive grants and other federal financial assistance.
In response, FCPS and Arlington Public Schools sued McMahon and the Education Department, contending that if they complied with the Trump administration’s demands, they would be violating state law and a legal precedent established by the Fourth Circuit protecting transgender students from discrimination.
However, last Friday (Sept. 5), U.S. District Judge Rossie D. Alston Jr. declined to block the Education Department’s funding freeze and dismissed the lawsuit, ruling that his court lacks the authority to weigh in on how the federal government allocates funding. He indicated that the Court of Federal Claims would be the more appropriate venue.
The lawsuit was dismissed without prejudice, enabling FCPS to refile it.
In announcing the decision to appeal, Reid notes that Alston recognized that the 2020 ruling in Grimm v. Gloucester County School Board that “remains the law” in the Fourth Circuit.
In that case, transgender student Gavin Grimm sued his school district after officials denied him access to the boys’ restroom and refused to update his school records to reflect his name and gender. The Fourth Circuit ruled that preventing transgender students from affirming their gender identity constitutes sex-based discrimination.
More from Reid’s statement:
FCPS asserts that our current policies on Title IX regarding bathroom and locker room usage comply with both Virginia and federal laws. The DOE is demanding that FCPS violate these laws by accepting their ultimatum to change our policies or face the loss of up to $167 million in federal funding.
FCPS maintains that the DOE’s decision to label the division as “high-risk” and threaten funding is not supported by any identifiable factors or evidence. Our outreach efforts continue with the DOE to seek reconsideration of the designation of FCPS as a “high-risk” entity.
These vital federal funds that remain at risk support food and nutrition services, as well as staffing cafeterias. Other funding supports services and instruction for students with disabilities, aims to improve student achievement, enhances technical education, promotes teacher development, and funds community education programs.
FCPS remains committed to providing a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community. Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall continue to be provided with reasonable accommodations. FCPS continues to focus on supporting a world class education for each and every one of our students.
