This article originally appeared here, at ffxnow.com

The Fairfax County School Board is suing the Trump administration for withholding federal funds in retaliation for its refusal to scrap policies supporting transgender students.

At its meeting last night (Thursday), its first of the new academic year, the school board authorized a lawsuit against the U.S. Education Department alleging that its denial of funds to Fairfax County Public Schools (FCPS) violates federal laws and the Constitution, Superintendent Michelle Reid announced today.

Arguing that FCPS and its counterparts in Arlington, Alexandria, Prince William and Loudoun are discriminating on the basis of sex by allowing students to use bathrooms and locker rooms that match their gender identity, the Education Department designated all five school districts as “high risk,” limiting their access to federal funds, and began proceedings to halt all federal financial assistance.

The department also placed the districts on reimbursement status, requiring them to pay expenses first and then request reimbursement for over $50 million in grants.

In a 30-page complaint, the school board argues that complying with the Education Department’s demands that FCPS roll back its transgender-inclusive policies would require it to go against state law and legal precedent — specifically a Fourth Circuit Court of Appeals ruling that the anti-discrimination protections in Title IX of the Education Amendments of 1972 extend to transgender students.

“Defendants’ action constitutes irreparable harm to FCPS,” the complaint said. “Because Defendants have conditioned FCPS’s receipt of federal funds on requirements FCPS cannot lawfully satisfy, FCPS has in fact lost access to those funds.”

In addition, conditioning FCPS’ access to federal funding based on a “unilateral interpretation [that’s] directly at odds with binding legal precedent” amounts to “unconstitutional coercion,” the complaint says, arguing that the Constitution doesn’t allow the federal government to withhold funding as punishment.

Per the complaint, FCPS was set to receive approximately $167 million that has now been withheld, including $61 million to pay food services staff and provide free and reduced-price meals and $41 million to support services for students with disabilities.

“The remaining $65 million is used to support students experiencing homelessness, boost the academic performance of low-income students and English learners, increase student achievement, improve the quality, quantity, and effectiveness of FCPS’s teachers, principals, and other leaders, and provide career, technical education, and adult and community education programs,” the complaint said.

The lawsuit requests that the U.S. District Court in Alexandria vacate the Education Department’s high-risk designation, declare the funding freeze unlawful and affirm that FCPS’ policies recognizing students based on their gender identity are in compliance with Title IX.

“This lawsuit is an important step in our effort to protect the health and safety of all our students in alignment with state and federal law — to ensure that hungry children are fed and that student access to multilingual, special education, and other essential services is not compromised,” the Fairfax County School Board said in a statement.

“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,” the statement continued. “We have a responsibility to ensure that every child has the support needed to achieve their full, unique, and limitless potential. We will not abide attempts to pit one group of students against another.”

The full message from Reid and the school board is below.

Dear FCPS Staff and Families,

I am writing to update you on our continued efforts to resolve a matter with the U.S. Department of Education (DOE) concerning Fairfax County Public Schools’ policies and regulations on bathroom and locker room use based on gender identity.

Earlier this month, FCPS reached out in good faith to respond to the assertion made by the U.S. Department of Education’s Office for Civil Rights that our policies and regulations on bathroom and locker use based on gender identity are a violation of Title IX. Rather than reviewing FCPS’ letter, outlining why our policies and regulations are consistent with controlling state and federal law, and requesting further action be stopped until the legal issue is clarified by the courts, DOE took hasty and harmful action.

DOE has attempted to designate FCPS as a “high-risk” entity, effectively freezing access to as much as $167 million in federal funding. This action takes away critical funds appropriated by Congress to support our most vulnerable children.

Again this past week, FCPS reached out to the DOE to address the impossible position that the DOE has placed on our school division – whether to violate a federal court ruling regarding the support of our transgender students or risk this critical funding. The DOE did not respond.

As a result, the Fairfax County School Board, at its regular meeting this week, unanimously voted to authorize legal action against the DOE, sharing the following statement.

“This lawsuit is an important step in our effort to protect the health and safety of all our students in alignment with state and federal law — to ensure that hungry children are fed and that student access to multilingual, special education, and other essential services is not compromised. 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. We have a responsibility to ensure that every child has the support needed to achieve their full, unique, and limitless potential. We will not abide attempts to pit one group of students against another.”

We want to underscore that these federal funds are not abstract numbers on a spreadsheet; they represent vital support for our most vulnerable children. This funding supports our food and nutrition services, services for our students with disabilities, students from low-income families, and programs that promote teacher development and student achievement across the division. The DOE’s “high-risk” designation unfairly harms tens of thousands of our students by threatening these essential services.

The work of providing a safe and supportive environment for our children matters deeply, and our focus remains squarely on their safety and success. In partnership with our families, we remain steadfast in our commitment to providing a world-class education where each and every student feels safe, included, and empowered to reach their unique potential.

Take Good Care,

Dr. Michelle C. Reid
Superintendent
Fairfax County Public Schools