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Fairfax County Public Schools is among five Northern Virginia school divisions facing a federal civil rights investigation over policies that allow transgender students to use names, pronouns, bathrooms and locker rooms consistent with their gender identity.
The U.S. Department of Education’s Office for Civil Rights opened the investigation this week following a complaint from America First Legal, a conservative nonprofit founded by former Trump adviser Stephen Miller. Arlington, Alexandria, Loudoun and Prince William schools are also under review.
The office notified America First Legal of the investigation on Wednesday, Feb. 12. The group publicized the notice Friday.
America First Legal contends that the school policies violate Title IX, the federal law prohibiting sex discrimination in federally funded education. The organization has characterized the investigation as a “reckoning” for the Northern Virginia divisions.
Opening an investigation does not mean the Office for Civil Rights has reached a conclusion about the complaint, the agency emphasized in its notice. It said investigators will remain neutral while collecting and analyzing evidence.
FCPS adopted formal protections for transgender and gender-expansive students in 2020. The school division said its policies comply with state and federal anti-discrimination laws and binding court precedent.
The division also reaffirmed its commitment to maintaining a safe and welcoming environment for all students and employees, including those who are transgender or gender-expansive. FCPS said students learn most effectively when they feel safe, supported and accepted.
Under its policies, all students have privacy rights in school facilities and at FCPS-sponsored events. Reasonable accommodations are available to any student seeking greater privacy, regardless of the reason.
The federal inquiry adds to an existing legal challenge against FCPS. America First Legal previously sued the division, alleging that its LGBTQ-inclusive policies infringe religious and free-speech rights.
A Fairfax County Circuit Court judge allowed that lawsuit to proceed in December. Court records show that a bench trial is scheduled for Sept. 29.
The Education Department began the Northern Virginia investigation one week after President Donald Trump signed an executive order barring transgender female athletes from girls’ sports. The order also directs federal agencies to withhold funding from schools and athletic organizations that do not comply.
The Virginia High School League, which had permitted students to compete according to their gender identity for a decade, announced earlier this week that it would revise its rules to align with the order. FCPS said it is awaiting official guidance before deciding how to proceed.
The department also announced investigations last week into several educational institutions, including San Jose State University and the University of Pennsylvania, over policies permitting transgender athletes to compete on women’s teams.