The Fairfax County Public Schools and the Arlington County Public Schools both announced today (see below) that they are pursuing legal action (Arlington’s suit here; Fairfax’s suit here), arguing that – among other things – “Because Defendants’ action is contrary to Congress’s constitutional power and to APS’s constitutional power reserved under the Tenth Amendment, Defendants’ action must be held unlawful and set aside.” As the Arlington lawsuit states:
“We assert the Department’s funding freeze violates Title IX, the Administrative Procedures Act, and the Spending Clause of the U.S. Constitution. In addition, the Department is incorrectly interpreting Title IX. Our transgender student policy is consistent with both state and federal law, including the Virginia Values Act, and is also supported by recent court decisions affirming protections for transgender students.”
And as the Fairfax County Public Schools put it:
“Again this past week, FCPS reached out to the DOE to address the impossible position that the DOE has placed on our school division – whether to violate a federal court ruling regarding the support of our transgender students or risk this critical funding. The DOE did not respond.”
Which is obviously an absurd position for the federal government to be putting these localities’ school districts in. And here’s the bottom line: regardless of what you think about Arlington and Fairfax’s policies in this matter – even if you oppose them on the merits – you should support the school districts’ lawsuits strictly on the basis of upholding the rule of law. Because, clearly, the Trump administration is violating that…but we’ll see what the courts have to say, I guess.
P.S. Also, if you’re a conservative, you should support Arlington and Fairfax if, for no other reason, on the philosophical grounds of the federal government interfering with local matters, overreaching its authority, acting in an overbearing/authoritarian manner, etc. But will any conservatives stand up for such principles? Don’t hold your breath…
Important Update from the Superintendent Regarding Title IXBy Dr. Michelle Reid Superintendent’s Messages August 29, 2025 8/29/2025 Dear FCPS Staff and Families, I am writing to update you on our continued efforts to resolve a matter with the U.S. Department of Education (DOE) concerning Fairfax County Public Schools’ policies and regulations on bathroom and locker room use based on gender identity. Earlier this month, FCPS reached out in good faith to respond to the assertion made by the U.S. Department of Education’s Office for Civil Rights that our policies and regulations on bathroom and locker use based on gender identity are a violation of Title IX. Rather than reviewing FCPS’ letter, outlining why our policies and regulations are consistent with controlling state and federal law, and requesting further action be stopped until the legal issue is clarified by the courts, DOE took hasty and harmful action. DOE has attempted to designate FCPS as a “high-risk” entity, effectively freezing access to as much as $167 million in federal funding. This action takes away critical funds appropriated by Congress to support our most vulnerable children. Again this past week, FCPS reached out to the DOE to address the impossible position that the DOE has placed on our school division – whether to violate a federal court ruling regarding the support of our transgender students or risk this critical funding. The DOE did not respond. As a result, the Fairfax County School Board, at its regular meeting this week, unanimously voted to authorize legal action against the DOE, sharing the following statement. “This lawsuit is an important step in our effort to protect the health and safety of all our students in alignment with state and federal law — to ensure that hungry children are fed and that student access to multilingual, special education, and other essential services is not compromised. FCPS remains dedicated to creating a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community. We have a responsibility to ensure that every child has the support needed to achieve their full, unique, and limitless potential. We will not abide attempts to pit one group of students against another.” We want to underscore that these federal funds are not abstract numbers on a spreadsheet; they represent vital support for our most vulnerable children. This funding supports our food and nutrition services, services for our students with disabilities, students from low-income families, and programs that promote teacher development and student achievement across the division. The DOE’s “high-risk” designation unfairly harms tens of thousands of our students by threatening these essential services. The work of providing a safe and supportive environment for our children matters deeply, and our focus remains squarely on their safety and success. In partnership with our families, we remain steadfast in our commitment to providing a world-class education where each and every student feels safe, included, and empowered to reach their unique potential. Take Good Care,  Dr. Michelle C. Reid |
Arlington Public Schools Seeks Federal Court’s Relief to Unfreeze Federal Funds
APS has a duty to our students, families and educators to defend the resources they deserve and the policies that protect students of all backgrounds. Today, we filed a complaint asking a federal court to direct the U.S. Department of Education to reverse its designation of Arlington Public Schools as “high-risk” and ensure the federal funds remain available to APS students.
We assert the Department’s funding freeze violates Title IX, the Administrative Procedures Act, and the Spending Clause of the U.S. Constitution. In addition, the Department is incorrectly interpreting Title IX. Our transgender student policy is consistent with both state and federal law, including the Virginia Values Act, and is also supported by recent court decisions affirming protections for transgender students.
APS is being asked to violate both state and federal law, and that’s unacceptable. Withholding approximately $23 million in federal funding—primarily used to provide over 8,000 low-income students with free breakfast and lunch and thousands of special needs students with counseling and educational supports— rips away the tools and resources that our community relies on for student success and wellbeing.
At last week’s Arlington School Board meeting, parents, students and community members spoke on behalf of transgender students, and the importance of upholding our policies and following the law. Your comments continue to guide us and our commitment to honoring our community’s values and preserving our responsibility to provide high-quality public education for all Arlington students. One speaker mentioned how our decision has shown our students that APS is not just a place to go to school, it is a place where they are valued and welcome, and that is the environment we strive to cultivate.
Given the urgent nature of this matter and the irreparable harm placed on students and families, we expect a judge to hear our case quickly and issue an order preserving our federal funding. As this litigation unfolds, we will continue to update you as our case moves through legal proceedings.
As always, APS is committed to ensuring all students can learn in an inclusive environment free from all forms of discrimination.
Thank you,
Dr. Francisco Durán
Superintendent, Arlington Public Schools
Bethany Zecher Sutton
Board Chair, Arlington Public Schools
