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Fairfax County Public Schools is asking federal civil rights officials to halt action over the division’s bathroom and locker room policies while courts clarify the legal dispute.

The U.S. Department of Education’s Office for Civil Rights notified FCPS and four other Virginia school divisions on July 25, 2025, that it believed their policies allowing facility use based on gender identity violated Title IX.

The divisions were given 10 days to revise their rules or face possible penalties, including the loss of up to $160 million in federal funding. A joint request for a 90-day extension was denied.

FCPS submitted a follow-up request on Aug. 15 arguing that its policies comply with controlling state and federal law. The school system asked the office to suspend further action until the courts resolve the legal questions.

Superintendent Michelle C. Reid said FCPS policies will remain aligned with Virginia law and rulings from the federal Fourth Circuit Court of Appeals while the matter is pending.

The division also reaffirmed its commitment to maintaining safe and inclusive schools for transgender and gender-expansive students and staff. Students seeking greater privacy for any reason will continue to receive reasonable accommodations.

Reid said the division believes its position fulfills its Title IX responsibilities while protecting students from discrimination. She also urged the FCPS community to remain focused on the approaching school year, strong family partnerships and safe, well-funded public schools.