Days after the Department of Education placed five Northern Virginia school systems that didn’t change their bathroom policies on high-risk status, Fairfax County’s superintendent said the state’s largest school district is reviewing the agency’s message and considering next steps.
In an interview with WTOP, Superintendent Michelle Reid said the division is “a bit confused and a bit perplexed as to how best to address this, because there really is not a relevant exemplar in recent years that anyone can recall that called out anything of this nature.”
In a four-page letter sent to Prince William County Superintendent LaTanya McDade on Monday, and obtained by WTOP, Secretary of Education Linda McMahon said the division has to submit a corrective action plan within 30 days. It also told the district to submit plans for compliance with all federal laws.
The step marks a significant escalation in the back-and-forth between the federal agency and the five Northern Virginia districts.
Arlington, Alexandria, Loudoun, Prince William and Fairfax counties’ schools all rejected a request to change their bathroom policies, which currently allow students to use intimate facilities based on their gender identity. While the school districts said their practices align with current law, the education department said they violate Title IX.
“We were really disappointed that the Department of Education wouldn’t engage in any kind of thoughtful collaboration, and rather, sent this letter in response,” Reid said. “We were very disappointed with this.”
In the letter to Prince William County schools, obtained through a Freedom of Information Act request, McMahon said despite an extension to the deadline to change bathroom policies, the district “stated it does not intend to make the necessary policy changes to come into compliance with Title IX.” The division is on high-risk status so the agency can “ensure taxpayer dollars are not being spent on illegal activity.”
There hasn’t been funding withheld to date, and school districts routinely apply for reimbursement when the funding is tied to federal grants.
In Fairfax, Reid said it’s unclear what the high-risk status means, “because we recently received a very clean federal audit on our Title II grant. And in fact, as we read the regulation around this high-risk language, we’re in compliance with all elements of operation in terms of these federal grants.”
Title II grants are supplemental funding awarded to state and local education agencies with the goal of creating consistent student achievements, improving the quality and effectiveness of instructors, and increasing the number of school professionals, among other initiatives.
Despite the uncertainty, Reid said the district is confident that “appropriated Congressional funds will continue to be appropriated.” The school districts have 10 business days to ask for a reconsideration of the high-risk designation.
In the case of Fairfax County, Reid said practices “are aligned with Virginia law and the rulings of the federal Court of Appeals in the Fourth Circuit.”
The district is planning to reach out the federal agency for clarification, she said.
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