Tipsheet

Virginia School Districts Sue DOE to Protect 'Transgender' Bathroom Policies

Dmitri Bolt
Dmitri Bolt  |  August 29, 2025 3:45 PM

Arlington County Public Schools and Fairfax County Public Schools are taking the Department of Education to court, suing to stop the federal agency from freezing their funding over Title IX violations tied to their transgender bathroom and locker room policies.

Earlier this month, five school districts in Virginia refused to comply with a directive from the DOE to recind policies that allowed biological boys in girls' bathrooms and locker rooms. In response, the DOE stated that it would “suspend or terminate” funding to the five districts, including Arlington, Alexandria, Fairfax, Loudoun, and Prince William counties.

Education Secretary Linda McMahon wrote in a statement:

States and school districts cannot openly violate federal law while simultaneously receiving federal funding with no additional scrutiny. The Northern Viriginia[sic] School Divisions that are choosing to abide by woke gender ideology in place of federal law must now prove they are using every single federal dollar for a legal purpose.

Arlington school officials said in a news release that federal funding is essential for supporting academics, counseling, and student meal programs. Northern Virginia schools have defended their transgender policies, arguing they comply with state and federal antidiscrimination laws while fostering welcoming environments for so-called transgender students.

The Education Department launched its investigations after a Title IX complaint was filed by America First Legal, a conservative group founded by White House Deputy Chief of Staff Stephen Miller.

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 The Senior Advisor to America First Legal posted his reaction on X.