Fairfax County Public Schools (FCPS) may have to choose between providing equal gender-affirming accommodations to all students and continuing to fund programs necessary for students in need.
In February, the Office for Civil Rights (OCR), within the Department of Education (DOE), accused FCPS of violating Title IX, the federal law which prohibits sex-based discrimination in federally-funded education programs, by allowing students to use locker rooms and bathrooms based on their gender identity, thus discriminating against cis-gender students.
“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,” Superintendent Dr. Michelle Reid described in an email to FCPS staff on August 29.
The move came despite a letter FCPS sent to the OCR on August 15, providing evidence that they are not in violation of the DOE’s assertion. They outlined their compliance with Virginia Law and argued the DOE action against FCPS should be paused until the U.S. Supreme Court clarifies how transgender students shall be treated under Title IX.
“FCPS maintains that the DOE’s decision to label the division as “high-risk” and threaten funding is not supported by any identifiable factors or evidence,” Reid added in a September 16 email to FCPS staff.
These funds mainly support food and nutrition services, special education programs, and programs for teacher development and student achievement.
The DOE did not respond to a second FCPS letter, sent August 25th. That same week the FCPS School Board decided to take legal action against DOE to protect their students, releasing 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 (…)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.”
This month, FPCS appealed their case to the United States Court of Appeals for the Fourth Circuit and filed an Emergency Motion for Injunction Pending Appeal with them.
They have since faced legal obstacles but remain steadfast in their approach to fighting for both groups of students, although the $167 million is only .04175% of the overall $4 million budget.
“If we are looking at a rough 0.042% loss in order to support 0.8% of our [transgender] population [in the United States], I think it’s worth it for FCPS to take on, and I appreciate that they are doing so,” counselor Xander Price said. “To be clear, it is always worth supporting our students-regardless of the percentages and cost–it just so happens that in this situation, it is relatively safe for the county itself to engage in this battle,” they added.
If FCPS loses the legal battle, consequences could extend to the 67% of our school’s population that is economically disadvantaged (US News Best High Schools), though it is not clear how much funding AHS specifically would lose.
This policy would affect more than just funding of programs, however. Restricting the rights of transgender and gender-expressive students could take a massive toll on their mental health, a dangerous prospect when studies such as those done by The Trevor Project have found that “transgender and nonbinary youth were 2 to 2.5 times as likely to experience depressive symptoms, seriously consider suicide, and attempt suicide compared to their cisgender LGBQ peers” (The Trevor Project).
“ I don’t think [DOE’s claim is] fair. Honestly, by hurting students’ education, you harm the abilities of the future generations,” senior Marissa Cacerres said. “School is meant to be a place that fosters not only learning but safety. When we lose the ability to feel safe within a school setting we lose the ability to learn properly,” she added.
It is important that as the county maneuvers through this legal process with the DOE, that students remember to reach out to adults in the building for support.
“A sense of belonging, access to high quality instruction and receiving support will hopefully never change regardless of how Title IX plays out,” Principal Shawn DeRose said.
