The Department of Education says five school districts in Northern Virginia are in violation of Title IX because they allow students to use bathrooms and locker rooms based on their chosen gender identity.
Public school systems in Alexandria, Arlington, Fairfax County, Loudoun County and Prince William County must all abolish their policies accomodating transgender students in bathrooms in locker rooms that don’t match their biological sex, the education department’s Office for Civil Rights (OCR) announced Friday.
The office began looking into the five school districts after receiving complaints about their gender policies, the DOE said. A months-long investigation found all of the districts violated Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance.
According to the education department, school districts have 10 days to:
- Rescind the policies that allow students to access “intimate facilities” based on their gender identity rather than their sex
- Issue a memo to each school “explaining that any future policies related to access to intimate facilities must be consistent with Title IX by separating students strictly on the basis of sex, and that Title IX ensures women’s equal opportunity in any education program or activity including athletic programs.”
- Adopt biology-based definitions of the words “male” and “female” in all practices and policies relating to Title IX.
If they don’t comply in 10 days, the districts risk “imminent enforcement action” and could be referred to the Department of Justice, DOE said.
“Although this type of behavior was tolerated by the previous Administration, it’s time for Northern Virginia’s experiment with radical gender ideology and unlawful discrimination to come to an end. OCR’s investigation definitively shows that these five Virginia school districts have been trampling on the rights of students in the service of an extreme political ideology,” said Craig Trainor, acting assistant secretary for Civil Rights.
Virginia Gov. Glenn Youngkin released a statement praising the announcement.
“It is time for these school leaders to do the right thing for students and parents. I thank President Trump and Secretary McMahon for their actions in defense of student safety, privacy and dignity,” he said in part.
Arlington Public Schools gave the following statement:
“We received the U.S. Department of Education’s report today and are in the process of reviewing it. APS remains committed to providing all students with safe, supportive and inclusive learning environments.”
A spokesperson for Prince William County Public Schools (PWCS) said the district was also reviewing the OCR’s findings.
“PWCS will conduct a thorough review of the document and respond appropriately through the proper channels. PWCS remains firmly committed to fostering a safe, inclusive, and respectful learning environment for all students and staff. Our policies and practices are guided by our core values and by applicable federal and state laws. We continue to uphold our longstanding nondiscrimination policy, which prohibits discrimination in employment and in the provision of educational programs, services, and activities on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, and other protected characteristics. PWCS will continue to work collaboratively with OCR and all stakeholders to ensure compliance with Title IX and to support the well-being and dignity of every student,” the statement read.
News4 is waiting to hear back from Alexandria, Fairfax County and Loudoun County school officials.
In May, Youngkin asked the attorney general to investigate Loudoun County Public Schools over its handling of an alleged incident involving a transgender student in a boys’ locker room.
According to Youngkin, three boys at Stone Bridge High School expressed concern about a transgender boy in the locker room in March, and that transgender student allegedly recorded cellphone video of their reactions.
Attorney General Jason Miyares found “disturbing misuse of authority” by the school district.
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