Fairfax schools sue Trump admin in defense of their trans bathroom policy

The Fairfax County Public Schools (FCPS) board has sued the Department of Education (DOE) under the Trump administration after the DOE froze around $167 million in federal funding after the school refused to dispense with policies that allow for trans-identified males to go in women's bathrooms. This comes as the Trump administration has been pushing for school districts around the country to allow only women to be in women's locker rooms and bathrooms.

The lawsuit from FCPS claimed that the school district "has not violated any law" because of a District Court decision that argued the Equal Protection Clause in the 14th Amendment allows for males who identify as women to enter women's bathrooms. The DOE, however, has argued that FCPS and other schools are in violation of Title IX of the Education Amendments of 1972 by allowing trans-identified males to use women's bathrooms and locker rooms. 

The DOE categorized FCPS along with other northern Virginia school districts as “high-risk” status, meaning that the DOE can scrutinize requests for federal reimbursements in funding. The funding reimbursements cover programs such as school lunches, disability services, and others at the school.

FCPS Superintendent Michelle Reid sent an email to parents and teachers in the district to announce the lawsuit on August 29, where she argued the district was in the "impossible" position of “whether to violate a federal court ruling regarding the support of our transgender students or risk this critical funding.”

The lawsuit claimed that FCPS needs to follow the precedent set in Grimm v. Gloucester County School Board, which was decided in the US Court of Appeals for the Fourth Circuit. That decision favored allowing individuals to go into bathrooms that align with how they identify. The Supreme Court did not take up that case when the Gloucester County School Board petitioned SCOTUS for a writ of certiorari.

“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,” the FCPS school board said in a statement.

Reid added in the email, “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.”