Article Text

Fairfax County Public Schools has asked a federal appeals court to prevent the U.S. Department of Education from suspending as much as $167 million over the division’s bathroom and locker room policies.

The dispute centers on FCPS rules governing facility use based on a student’s gender identity. At the beginning of the school year, the department demanded changes that FCPS argues would conflict with binding court precedent and discriminate against students.

The school division also contends that the department has provided no identifiable evidence or factors supporting its decision to classify FCPS as “high-risk” and threaten its federal funding.

Earlier in the week, the department responded to FCPS’ emergency motion for an injunction pending appeal before the Fourth Circuit. The motion asks the appeals court to reverse a district court ruling on jurisdiction and block any suspension of FCPS funding while the case continues.

FCPS filed its response Sept. 25, maintaining that its policies comply with state and federal law.

The division said it and other school systems nationwide have already lost funding from several federal grants. Those grants supported student learning and helped FCPS expand mental health services for its approximately 180,000 students.

Additional federal money at risk supports food and nutrition programs, cafeteria staffing, services and instruction for students with disabilities, technical education, teacher development, community education programs and efforts to improve student achievement.

Superintendent Michelle Reid said the legal action is necessary to protect student health and safety and preserve services used by tens of thousands of children across the division. FCPS said it will provide further updates as the dispute develops.