Education Department moves to cut funding from Virginia school districts over policies that allow boys in girls’ bathrooms

The Department of Education (DOE) plans to cut federal funding from five Northern Virginia school districts after they refused to change policies allowing boys to use girls’ bathrooms and locker rooms. 

The Office of Civil Rights (OCR) issued a July 25 statement warning that policies in Fairfax County, Loudoun County, Arlington County, Prince William County, and the City of Alexandria violate Title IX, which prohibits discrimination on the basis of sex in federally funded education programs. 

According to OCR, the districts allow students to use facilities matching their “gender identity” instead of their biological sex. OCR gave the districts 10 days to change their policies or face enforcement, CatholicVote previously reported.

By Aug. 15, all five districts said they would not comply. School officials argued in separate statements that the OCR’s interpretation of Title IX conflicts with current law and Fourth Circuit precedent in Grimm v. Gloucester County School Board. 

The Washington Post reported Aug. 15 that a DOE spokesperson confirmed that the agency will now move to suspend the districts’ federal aid. 

Loudoun County was first to declare its opposition in an Aug. 13 statement. The district said the school board voted 6-3 against compliance. 

In an Aug. 15 statement, Fairfax Superintendent Michelle Reid said her district’s policies already align with state and federal law and asked OCR to pause enforcement until “this legal issue is clarified by the courts.” Fairfax stands to lose up to $160 million in federal funding. 

Arlington County officials similarly said, in an Aug. 15 statement, that their current policy is required under state and federal law. They said they “will continue to foster an inclusive community for all, including students and staff who identify as members of the LGBTQIA+ community.” 

Prince William County Public Schools officials claimed federal law “requires that transgender students be allowed to access facilities that are consistent with their gender identities” in an Aug. 15 statement. 

According to a statement cited by local news outlet ALX Now, Alexandria City Schools refused to comply but said it is “open to further negotiation with OCR.” 

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