This article originally appeared here, at ffxnow.com
Fairfax County Public Schools is joining its counterparts across Northern Virginia in rejecting the Trump administration’s demands that it rescind policies supporting transgender and gender-nonconforming students.
In a message to FCPS staff and families, Superintendent Michelle Reid says she has sent a response to the Education Department’s Office for Civil Rights (OCR) defending the school system’s policies as consistent with existing state and federal law, requesting that the federal government pause any further action until the issue is “clarified” by the courts.
“FCPS remains dedicated to creating a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community,” FCPS said in a statement. “Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall continue to be provided with reasonable accommodations.”
Following a months-long investigation, the OCR accused FCPS and four other school districts — Arlington, Alexandria, Prince William and Loudoun — on July 27 of violating the federal law that bars discrimination on the basis of sex in public education for letting students use bathrooms and other facilities that match their gender identity.
Spurred by a complaint from the conservative nonprofit American First Legal, which is also representing a former student suing FCPS over its bathroom access policy, the Education Department told the school districts to change their policies to regulate facilities and educational activities, such as athletics, based on students’ sex assigned at birth.
School officials were initially given 10 days and then until Aug. 15 to agree to the demands or “risk imminent enforcement action,” including a possible withholding of federal funds and referral to the U.S. Department of Justice.
Loudoun County Public Schools became the first school system to respond, with its school board voting 6-3 after a closed session on Tuesday (Aug. 12) to not comply with the federal government’s offer. Public schools in Arlington, Alexandria and Prince William all released statements this afternoon indicating that they will uphold their existing policies, citing state law and past court rulings supporting protections for transgender students.
FCPS Pride, a organization that advocates for LGBTQ employees and students, had urged FCPS to reject the Trump administration’s demands, stressing the need to create a safe, inclusive environment for all students regardless of their gender identity while acknowledging the potentially “significant” consequences.
In a joint letter, FCPS Pride and other LGBTQ advocacy groups based in Northern Virginia thanked the public schools “for standing up for our transgender, nonbinary, and gender-expansive students” in the face of “discriminatory demands” by the Education Department.
The Fairfax County School Board received 8,957 emails from residents urging them to resist the federal government’s challenge to their inclusive policies, according to the coalition. More than 3,000 residents in the other targeted localities also signed letters or sent emails with that same message.
“FCPS Pride stands with FCPS in standing up to federal bullying, for their commitment to following federal and Virginia law, and for the decision to maintain nondiscrimination policies that protect all students and staff members, including our transgender and gender-expansive community,” FCPS Pride co-director Chris McCormick said in a statement. “Along with thousands of northern Virginia families, teachers, and residents in each of the five targeted school districts, we support our school leadership now and moving forward.”
The first Fairfax County School Board member to publicly comment, Providence District Representative Karl Frisch characterized the conflict as a case of “adults who should know better try[ing] to pit one group of students against another”:
“Our responsibility is to ensure that every child — including those who are transgender or gender nonconforming — has an opportunity to achieve their full, unique, and limitless potential. We can and must meet the needs of all students without undermining the dignity or rights of any of them. That includes ensuring they have full and equal access to all the incredible academic and enrichment opportunities we offer. To uphold our shared values of equity, dignity, and respect for all students, we owe them nothing less.”
Rep. Don Beyer, who represents southeast Fairfax County in Virginia’s 8th Congressional District, expressed support for the Northern Virginia school districts.
“I am proud that local education leaders in our community are focused on following the law and ensuring a strong start to the year for all Northern Virginia students, as opposed to joining the Trump Administration’s political stunts,” he said in a statement.
In a statement, Education Department Deputy Assistant Secretary for Communications Madi Biedermann called the school systems’ stance an “embrace of radical gender ideology over ensuring the safety of their students.”
“The U.S. Department of Education generously granted an extension for five Northern Virginia School Districts to come into compliance with Title IX and follow federal law – unfortunately, the additional time did not result in a fruitful outcome,” Biedermann said. “The Agency will commence Administrative proceedings to effect the suspension or termination of federal financial assistance to these divisions.”
FCPS was set to receive about $50 million in direct federal funds for this fiscal year, which began on July 1. Though it’s a small portion of the district’s $4 billion overall budget, federal funding typically supports critical programs, including free and reduced-price meals, special education, and professional development for teachers.
Earlier this year, the Education Department directed all public schools to certify that they’re in compliance with both federal laws banning race-based discrimination and a Supreme Court ruling that struck down the consideration of race in college admissions, threatening to cut off federal funding from those that refused.
FCPS and Loudoun County Public Schools leaders were the only two divisions in Virginia that reportedly declined to sign the form. As in this case, FCPS maintained that its existing policies were “consistent with all applicable state and federal laws.”
Superintendent Reid’s full statement to staff and families is below:
Hello FCPS Staff and Families,
The summer break has flown by and now we are about to begin a school year filled with exciting new experiences and innovative instruction. As with every year, we will continue to stand behind our commitment to foster an environment in our schools that values our students, staff, and families.
I want to update you on our efforts to resolve a matter with the U.S. Department of Education’s Office for Civil Rights (OCR) concerning Fairfax County Public Schools’ policies and regulations on bathroom and locker room use based on gender identity.
On July 25, 2025, OCR notified FCPS and four other Virginia school divisions that they believe our policies and regulations violate Title IX. We were given ten days to update our policies and regulations or risk potential penalties, including losing up to $160 million in federal funding. Our joint request with the other divisions for a 90-day extension to engage in thoughtful discourse was denied.
Today, FCPS submitted a follow-up request to OCR outlining why our policies and regulations are consistent with controlling state and federal law. We have asked OCR to stop further action while this legal issue is clarified by the courts – the branch of government charged under our U.S. Constitution to interpret and state what the law is.
Let me be clear that FCPS remains dedicated to creating a safe, supportive, and inclusive school environment for all students and staff members, including our transgender and gender-expansive community. Any student who has a need or desire for increased privacy, regardless of the underlying reason, shall continue to be provided with reasonable accommodations.
We firmly believe this request is prudent, reasonable, fair, and consistent with our legal responsibilities under Title IX, as well as our commitment to protecting all students from discrimination. While this case is pending, FCPS policies and regulations will stay aligned with Virginia law and the rulings of the federal Court of Appeals for the Fourth Circuit.
Let’s remember who we are – one of the ten largest and most highly regarded public school divisions in this great nation. Each year, our graduates go on to do great things in Fairfax, around the state, and around the nation. Here in Virginia, our families expect strong, well-funded schools, great teachers, and safe classrooms and spaces where students can learn and thrive. Our strong family partnerships remain a cornerstone of our work here in FCPS. As we begin a new academic year, let’s stay in the light and remain focused on the power and promise of public education.
Together, all things are possible,
Dr. Michelle C. Reid
Superintendent