Fairfax County Public Schools Superintendent (FCPS) Michelle Reid sent a message to the school community explaining more about the ongoing legal fight with the U.S. Department of Education (DOE).
Earlier this month, a federal judge in Alexandria dismissed a lawsuit the Fairfax and Arlington school boards filed against the DOE after the federal department froze their funding. The DOE put the schools on “high risk” status and restricted their access to federal funds after they refused to rescind policies allowing students to use bathrooms and other facilities that match their gender identity.
The Fairfax County School Board filed an appeal to the Fourth Circuit of Virginia to overturn the lower court’s decision denying a preliminary injunction. Reid said the requested injunction asks that the court stop DOE from suspending FCPS funding.
The DOE argues that FCPS is violating Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in educational programs that receive federal funds.
The dismissal by the federal judge had less to do with the merits of the case and more to do with the court’s jurisdiction, stating in a 13-page opiion that the Court of Federal Claims would be more appropriate for settling the case.
In the letter to the community, Reid said:
On September 5, 2025, Judge Rossie D. Alston, Jr. of the Eastern District of Virginia dismissed our lawsuit, citing that his court did not have jurisdictional authority in this matter. It is important to note that in this ruling, the court recognized that FCPS’ current regulations are compelled by binding Fourth Circuit precedent.
The DOE’s demands would force FCPS to either break that law and discriminate against our students 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.
Reid said the federal funds are vital for supporting food and nutritional services, as well as staffing cafeterias and other school support services. The total amount of funding frozen, Reid said, is $167 million.
Reid also said FCPS will not back away from its commitment to students, including transgender and gender-expansive students:
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.
We will continue to keep you informed as new information becomes available in our ongoing efforts to support and protect our students.
