Judge Suspends Fairfax County, Arlington School Lawsuits Against DOE Over Funding Freeze

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This article originally appeared here, at wjla.com

ARLINGTON, Va. (7News) — A federal judge in Alexandria, Virginia, denied a restraining order request from Fairfax County and Arlington public schools to stop the Department of Education from freezing federal funding after it vowed to do so over their bathroom and locker room policies, according to court documents published Friday.

In rulings for both school districts, which were filed separately, the judge said it did not hold jurisdiction to grant a temporary restraining order and request the court “order the payment of money,” citing previous Supreme Court and Fourth Circuit court cases.

The judge said the school districts could not plead around the Tucker Act and dismissed both cases without prejudice, indicating that the cases for now are suspended until both school systems refile the case.

Click here to view the PDF file

In August, the Education Department said it would revoke federal funding from several Northern Virginia school systems, including Fairfax County Public Schools and Arlington Public Schools, over bathroom and locker room policies it deemed violations of Title IX.

Education Department officials claimed the school systems violated Title IX by allowing students to use locker rooms and bathrooms aligning with gender identity rather than biological sex.

Other school districts deemed in violation included Loudoun County Public Schools, Prince William County Public Schools, and Alexandria City Public Schools.

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