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US Dept of Education Threatens Northern Virginia School Districts

Vanessa Hall
Aug 1
4 min read

Before you read, if you are from Arlington, Alexandria, Fairfax, Loudoun or Prince William, click here to sign a petition to tell your School Board that they must fight back to protect the safety and wellbeing of transgender youth!

US Dept. of Education seal on left, American flag on right, with text "Extreme Threats from an Extremist Dept of Education."

Last week, the US Department of Education (US ED) informed five Northern Virginia school districts (Arlington, Alexandria, Fairfax, Loudoun, and Prince William) that the US ED investigation found that the school districts’ policies “violated Title IX” due to inclusive policies for transgender students. The US ED threatened "imminent enforcement action" and possible referral to the US Department of Justice, if the districts don't comply in 10 days.

According to the US ED, compliance requires the school districts to:

Redefine “male” and “female” vis-a-vis Title IX to represent the newspeak from Trump Executive Orders which redefined male and female.
Use the US ED “novel” interpretation of Title IX that essentially excludes transgender students from sports and bathrooms.
Write memos to all of their schools reflecting this new, upside-down interpretation of Title IX by the Trump US ED.

The five school districts offered initial responses acknowledging receipt of the letter and their intent to determine next steps. Loudoun (and Alexandria) confirmed their commitment to students, “LCPS will continue to ensure full compliance with state and federal laws. LCPS remains committed to maintaining a safe, welcoming, and inclusive environment where every student can thrive and reach their fullest potential." It has been reported that the school districts have asked for a 90 day extension.

It will surprise no one that this US ED investigation was triggered by demands from America First Legal (AF Legal), a Project 2025 group founded by Stephen Miller who is President Trump’s Chief of Staff and architect of Trump’s immigration policies). AF Legal has filed unsuccessful lawsuits against Fairfax County over bathroom access for transgender students and the right of Christian students to misgender other students.

Gloomy school building with "NEWSPEAK" and "BIG BROTHER" text. Barbed wire fences and surveillance cameras surround it. Dark, ominous sky.

It feels painfully ironic that the US ED has been weaponized against blue, progressive school districts after Trump announced its elimination. He needs to make consistent decisions:

Is he planning on eliminating it or have it do his culture war bidding?
Is he going to conduct lawfare against school districts at the federal level after complaining for months about the importance of state and local government rights?
Is he going to support parents’ rights to ensure public education access for transgender students, or will he violate those rights?

That being said, this overreach violates the civil rights of our students and violates Virginia law. Our school boards are tasked with policy and running public schools at the local level. The Commonwealth Virginia Human Rights Act prohibits discrimination based on gender identity in places of public accommodation, including educational institutions like our public schools. Also, the US ED order is discriminatory and flies in the face of human and civil rights.

Of course, we are well aware that this President flagrantly violates the rule of law and balance of powers, so we shouldn’t be surprised that his US ED would misinterpret Title IX to violate the civil rights of transgender, intersex, and gender non-conforming students.

Honestly, I just don’t understand what the fuss is about bathrooms, since most students just want to go to the bathroom as quickly as possible and then get back to class. Whether a student is transgender or not, no one wants to linger in a public restroom–they just want to go to the bathroom and wash their hands in peace before going back to class to engage in learning, hang out with friends, and go to afterschool activities.

There is no room for compromise here. These five school districts should just say NO to these threats from Trump's US ED, as their demands are unlawful and violate human rights. Students have the right to their names, pronouns, and access to restroom facilities that align with their gender identity, which applies to transgender, gender nonconforming, and intersex students.

As co-leader of FCPS Pride, I urge families and the five Northern Virginia school districts to stand their ground and ensure that “Schools must be safe places where all students—regardless of gender identity—can thrive without fear of discrimination, harassment, or violence. FCPS‘s current policies, such as R2603.24, are vital for affirming the identities of all youth and fostering a safe learning environment.”

No matter how this falls out, it is obvious that this will be costly to taxpayers of Virginia and the nation, as anti-LGBTQIA legislative and lawfare efforts have proven to cost millions in direct and indirect costs. The economic impact should not be discounted by anyone.

As I said during the Transgender Day of Visibility Rally to Micheal O’Connell of The Patch, “Civil rights are under attack for so many groups, but particularly, really, in the transgender community.” We all need to stand up and fight back, because they will not stop with segregating bathrooms and school rooms for transgender students.

A diverse group holds signs supporting transgender rights. Text reads "Protect Our Transgender Students" and includes Northern Virginia School District petitions.

FCPS Pride is working in cooperation with partners in Arlington, Alexandria, Loudon, and Prince William.

Transgender students in Northern Virginia are under attack from the Trump Administration. If you live in Arlington, Alexandria, Fairfax, or Prince William, sign one of these petitions today to tell your School Board that they must fight back to protect the safety and wellbeing of transgender youth!