Feds move to restrict funding for Virginia schools, punishing support for transgender students

Washington Post

11 hours ago

The Trump administration appears to be following through on its threat to withhold federal funds from public schools in Northern Virginia after they refused to roll back policies that support transgender and gender non-conforming students.
The U.S. Education Department announced Tuesday that it has placed Fairfax County Public Schools and the school systems in Arlington, Alexandria , Prince William and Loudoun on 'high-risk status,' a move that it claims lets it attach specific conditions for releasing funding.
Arguing that the schools are violating federal civil rights laws by accommodating students based on their gender identity, rather than their sex assigned at birth, the department says it will require the districts to pay their expenses upfront and then request reimbursement in order to receive over $50 million in grants and other funding.
The department said it's also 'commencing administrative proceedings seeking suspension or termination of federal financial assistance.'
'States and school districts cannot openly violate federal law while simultaneously receiving federal funding with no additional scrutiny,' Secretary of Education Linda McMahon said in a press release. 'The Northern Viriginia (sic) School Divisions that are choosing to abide by woke gender ideology in place of federal law must now prove they are using every single federal dollar for a legal purpose.'
Responding to a complaint filed by the right-wing group American First Legal, the Education Department's Office of Civil Rights (OCR) contends that, by letting transgender students use bathrooms and locker rooms that match their gender identity, FCPS and the four other school districts are violating Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in educational programs that receive federal funds.
Facing an Aug. 15 deadline to accept an agreement that would require them to rescind their existing policies, the schools all announced last week that they will instead continue to accommodate students based on their gender identity, asserting that those supports are crucial to creating an inclusive, safe environment for all and consistent with both state law and previous court rulings .
Under Republican Gov. Glenn Youngkin, the Virginia Department of Education issued 'model' policies in 2023 recommending that schools recognize students' legal sex as shown on their birth certificate that FCPS declined to adopt .
In addition, the Virginia High School League banned transgender girls from competing in girls' sports earlier this year in response to an executive order by President Donald Trump. A petition calling for transgender women and girls to be prohibited from entering female-only 'private spaces' and athletic competitions statewide was advanced on Monday by the Virginia State Board of Health.
However, the Virginia Human Rights Act includes gender identity among the characteristics protected from discrimination, including in 'educational institutions.'
In her statement on Friday, FCPS Superintendent Michelle Reid requested that the Education Department pause any further actions until the issue of how Title IX relates to transgender students is 'clarified by the courts.'
Though the U.S. Supreme Court hasn't weighed in on bathroom policies, the justices have agreed to hear two cases on the right of transgender female athletes to compete on women's teams later this year.
According to Reid, FCPS has up to $160 million in federal funding hanging in the balance. While it's unclear which funds are being targeted by the Education Department's new reimbursement conditions, FCPS counts on federal money to support free and reduced-price student meals, special education, workforce development and other programs.
In a new statement shared Tuesday night, FCPS said it received OCR's notification of its 'high-risk status' just after 4 p.m. and is now reviewing the letter.
'We are reviewing OCR's current letter in detail and will respond after we have completed our review. While this matter is pending, FCPS policies and regulations will continue to stay aligned with Virginia law and the rulings of the federal Court of Appeals for the Fourth Circuit.
'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. Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall continue to be provided with reasonable accommodations.
'We look forward to continuing our strong start to our school year, resolute in our commitment to academic excellence and opportunity for each and every student in a safe and welcoming environment.'
FCPS adopted its regulations allowing students to use facilities, participate in programs and be identified based on their gender identity in October 2020.
According to the county's most recent youth survey , which was conducted among eighth, 10th and 12th-grade students in 2023, only 2.3% of respondents, or 595 students, identified as transgender, though another 1.7% or 453 students said they were unsure. Separately, there were 427 respondents, or 1.6%, who identified as nonbinary.
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This story was originally published by FFXnow and distributed through a partnership with The Associated Press.