The Department of Education said Friday it will start the process of suspending or cutting off federal funds to five Northern Virginia school districts: Alexandria, Arlington, Fairfax, Loudoun and Prince William.
It follows the decision by the districts to reject the department’s demand that they change their bathroom and locker room policies for transgender students. Last month, the department put the school districts on notice, instructing them to reverse policies that allow transgender students to use the facility that aligns with their gender identity. Friday was the deadline for a response.
“For us, it’s about following the law. That’s more important than making any type of political statement,” Dr. Babur Lateef, the Prince William County school board president, told News4 in an interview before the Education Department’s announcement.
He spoke about why his school district rejected the federal government’s demand.
In late July, the Education Department’s Office of Civil Rights notified the school districts they were in violation of Title IX, which bars sex discrimination. The department’s statement accused the districts of “trampling on the rights of students in the service of an extreme political ideology.”
Alexandria, Arlington, Fairfax, Loudoun and Prince William all were instructed to reverse their policies and require students to use the facility that matches their sex at birth.
In my opinion, they are in violation of Title IX. I think this is a great example of being so open-minded that your brain falls out. Their first priority should be, I think, making sure our women keep their safe spaces.
Virginia Attorney General Jason Miyares
But on Friday, lawyers for all five returned letters saying they are holding firm to current policy, arguing it’s supported by court precedent: the 4th Circuit Court of Appeals decision in the Gavin Grimm case. The Virginia transgender teen sued and won after he was forced to use a separate bathroom.
“We believe we are currently following all of the laws, both state and federal, regarding Title IX in our treatment of all students, including our trans students,” Lateef told News4.
“We have notified the Department of Education that we believe we are in compliance with the law and if we change to what they have asked us to do, we will not be in compliance with the law and we will be liable,” he said.
Alexandria schools told the community: “Please know that ACPS’ current policies regarding the rights of all students to use restrooms and locker rooms in accordance with their gender identity will remain in place.”
Arlington’s superintendent and school board chair wrote: “We believe federal and state laws require us to uphold our current policy […] We are proud that our core values include excellence, equity, and inclusion.”
Virginia Attorney General Jason Miyares told News4 he believes the Trump administration has it right and the Northern Virginia districts are in the wrong.
“In my opinion, they are in violation of Title IX. I think this is a great example of being so open-minded that your brain falls out,” he said. “Their first priority should be, I think, making sure our women keep their safe spaces.”
Lateef said Prince William schools asked several times to meet with Education Department officials but did not hear back.
Correspondence from the other school districts also say they are open to further negotiation with the Office of Civil Rights.
The school districts said the Supreme Court is expected to hear arguments soon on whether Title IX restricts or protects access to facilities based on gender identity. It’s a decision that could change the law and the landscape.
The Education Department’s statement Friday said in full: “The U.S. Department of Education generously granted an extension for five Northern Virginia School Districts to come into compliance with Title IX and follow federal law – unfortunately, the additional time did not result in a fruitful outcome. The Agency will commence Administrative proceedings to effect the suspension or termination of federal financial assistance to these divisions. The Virginia districts will have to defend their embrace of radical gender ideology over ensuring the safety of their students.”
Lateef told News4 he learned of the action as the department announced it to the public.
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