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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 in funding during a dispute over bathroom and locker room policies.

FCPS filed an appeal with the U.S. Court of Appeals for the Fourth Circuit during the week of Sept. 8, 2025. The following week, it submitted an emergency motion seeking an injunction while the appeal proceeds.

The school division wants the appeals court to reverse a lower court’s jurisdictional ruling and stop the Education Department from withholding funds.

On Sept. 5, U.S. District Judge Rossie D. Alston Jr. dismissed the division’s lawsuit after finding that the Eastern District of Virginia lacked jurisdiction over the matter. According to FCPS, the ruling also recognized that its current regulations are required by binding Fourth Circuit precedent.

The dispute centers on FCPS rules governing bathroom and locker room access based on gender identity. Superintendent Michelle C. Reid said the Education Department’s demands would force the division to choose between violating controlling law and discriminating against students or risking the loss of federal money.

FCPS also contends that the department has not identified evidence or specific factors supporting its decision to designate the division as “high-risk” and threaten its funding.

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

Reid said the court action is intended to preserve those services and protect the health and safety of tens of thousands of students.

FCPS said it remains committed to a safe, supportive and inclusive environment for all students and employees, including transgender and gender-expansive members of the school community. Students seeking greater privacy for any reason will continue to receive reasonable accommodations, the division said.