The Department of Education will pull funding from several NoVA school districts after the districts said they would not comply with the Office of Civil Rights (OCR)’s request to change their locker room and bathroom policies.
Last month, OCR issued a statement saying that policies in five Northern Virginia school districts that allow students to use the locker rooms and bathrooms that align with their gender identity violate Title IX. The five districts listed were Fairfax County, Loudoun County, Arlington County, Prince William County, and the City of Alexandria.
OCR gave those school districts a 10-day deadline to “voluntarily agree” to change their policies. If the policies stayed the same, OCR said, they may face enforcement consequences including loss of federal funding and referral to the Department of Justice.
At that deadline on Friday, August 15, the school districts announced that they do not have plans to change the policies in question. They said they disagree with OCR’s interpretation of Title IX and cited the Fourth Circuit’s decision in Grimm v. Gloucester County School Board.
In response, Education Department spokesperson Madi Biedermann said that the agency would begin the process to suspend or terminate federal assistance to the divisions, The Washington Post reported.
Loudoun County
The Loudoun County School Board was the first to announce that it would not comply. The board voted 6 to 3 not to comply with the OCR’s request. Following the vote, Loudoun County School Board Chair Melinda Mansfield and LCPS superintendent Aaron Spence issued a joint statement.
“The Loudoun County School Board remains steadfast in its commitment to ensuring every student in Loudoun County Public Schools is safe, supported, and able to thrive. We also remain committed to complying with applicable law and to protecting the rights of all students,” the statement said.
The statement said that the OCR’s ruling that those policies violate Title IX created “a direct tension between federal agency guidance and binding judicial authority.” The board voted not to comply “due to the tension between the OCR position and current law.”
Fairfax County
On Friday, Fairfax County Superintendent Michelle Reid issued a statement saying that FCPS had submitted a follow-up request to OCR, “outlining why our policies and regulations are consistent with controlling state and federal law.”
“We have asked OCR to stop further action while this legal issue is clarified by the courts – the branch of government charged under our U.S. Constitution to interpret and state what the law is,” Reid said.
Her statement continued: “Let me be clear that 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.”
FCPS has up to $160 million in federal funding at stake.
Arlington County
Arlington County Public Schools issued a statement saying, “We believe federal and state laws require us to uphold our current policy.”
“Arlington Public Schools will continue to foster an inclusive community for all, including students and staff who identify as members of the LGBTQIA+ community. We are proud that our core values include excellence, equity, and inclusion,” the statement continued.
Prince William County
Prince William County Public Schools says that OCR’s proposed resolution “would require PWCS to violate existing laws” and that it “has respectfully requested further dialogue with the U.S. Department of Education to ensure that any resolution aligns with both federal law and the needs of our diverse student community.”
The City of Alexandria
Alexandria City Public Schools also issued a statement saying that it would not comply with OCR’s request, ALX Now reported. The district said it is “open to further negotiation with OCR, particularly given that OCR itself acknowledges that the legal environment in this area is a dynamic and evolving one.”
Feature image, stock.adobe.com
