Fairfax County Public Schools risks losing $167 million in federal funding. The U.S. Department of Education (ED) claims FCPS’ policies on bathroom and locker room usage by gender identity violate federal civil rights law Title IX, which prohibits sex-based discrimination in education programs.
“Title IX basically relates to protection,” school board at-large member Kyle McDaniel said. “The Biden administration interpreted [that] Title IX would extend protections based on gender identity. The Trump administration [has] put out a new interpretation that says it does not.”
Last April, Title IX regulations were updated to clarify that sex discrimination includes discrimination based on gender identity. However, this regulation was vacated by a federal district court earlier this year and reverted to ED’s 2020 Title IX Rule.
“Currently, FCPS has been labeled an ‘at risk’ district by the Department of Education because of our policies regarding transgender students,” school board at-large member Ryan McElveen said. “Students can use the restroom [and] locker room facilities of the gender with which they identify, and we’ve been told that if we do not change our policies, then funding is going to be withheld from us.”
According to McDaniel, while there is no designated funding for Title IX, ED is pulling funding from three separate programs totaling the $167 million at issue. These include FCPS’s food and nutrition services, with free and reduced meals; special education funding; and English language learning services.
“It does feel a little ridiculous to hear adults debating over my rights as a 17-year-old,” senior CJ Berejik, who is transgender, said. “It’s an issue that’s gotten way out of hand on the federal level. I don’t know why the government needs to be involved with telling people how they should or shouldn’t identify.”
An update on Aug. 29 from Superintendent Michelle Reid states FCPS reached out to ED on “the impossible position that [ED] has placed on our school division” and received no response. As a result, the school board voted to authorize legal action through the Court of Appeals for the Fourth Circuit. On Oct. 2, FCPS filed a motion to expedite its appeal, which is currently pending after the Court denied FCPS’s emergency motion.
“It definitely feels like they’re trying to fight, which I appreciate,” Berejik said. “I have had resources extended to me if I chose to accept them to the point where I’m not really worried about our school’s response.”
ED has given similar ultimatums to four other Northern Virginia school districts: Arlington, Alexandria City, Loudoun and Prince William County. According to its public statement, Arlington Public Schools has also taken legal action to protect federal funding.
“We’ve just laid out our case for why we believe this is a witch hunt,” McElveen said. “There are many districts in the country that have these same policies, but the administration has targeted five Democratic-leaning counties in Northern Virginia. At this point, districts around the country are looking to FCPS to see how we respond and whether we are able to stand firm, because if we don’t, there could be a cascading effect around the country.” 
Despite the ongoing legal situation, McDaniel reaffirms that FCPS’ Regulation 2603 is still in full force. The policy, last amended in 2022, ensures that “students can use the locker room or restroom that aligns with their gender identity.”
“Our board has been very clear where we stand on this. Every child deserves a safe and welcoming educational environment,” McDaniel said. “It’s not like FCPS, Arlington, Alexandria, Loudoun or Prince William is out there inventing things just because. It’s consistent with court precedent.”
McElveen remembers helping add gender identity to FCPS’ non-discrimination policy 10 years ago. At the time, the amendment put the district at the forefront of adopting protections for transgender students.
“It’s something that I and the district have been very proud of,” McElveen said. “And we continue to maintain that same posture. I think other districts will see that and realize that if our efforts are successful, they can stand up to the administration as well. Our policy has not changed at all. It’s just become a bit more precarious given the political environment, but we are standing firm.”
