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Fairfax County Public Schools is taking the U.S. Department of Education to court after the agency moved to restrict access to as much as $167 million in federal funding amid a dispute over bathroom and locker room policies.
Superintendent Dr. Michelle Reid said Aug. 29, 2025, that the conflict centers on FCPS rules allowing bathroom and locker room use based on gender identity. The department’s Office for Civil Rights has asserted that those policies violate Title IX.
Earlier in August, FCPS sent federal officials a letter arguing that its policies comply with controlling state and federal law. The school division also asked the department to halt further action until courts clarify the legal issues.
Instead, the department attempted to classify FCPS as a “high-risk” entity, a designation the school system said could effectively freeze access to federal money appropriated for student services.
FCPS contacted the department again during the week of Aug. 25, saying the division had been placed in an impossible position: either violate a federal court ruling concerning support for transgender students or risk losing critical funding. According to Reid, the department did not respond.
The Fairfax County School Board then voted unanimously at its regular meeting that week to authorize legal action against the department.
Board members said the lawsuit is intended to protect students while keeping FCPS aligned with state and federal law. They warned that the funding dispute could affect meals for children as well as multilingual education, special education and other essential programs.
The threatened federal money also supports students from low-income families, food and nutrition services, teacher development and initiatives aimed at improving student achievement. FCPS said tens of thousands of students could be harmed if access to those funds is restricted.
The board also reaffirmed its commitment to an inclusive environment for transgender and gender-expansive students, saying it would resist efforts to pit groups of students against one another.