The fight over gender and bathrooms at Fairfax County Public Schools is continuing, as the school system appealed the dismissal of a lawsuit against the Department of Education to regain federal funding.
The Fairfax County School Board on Tuesday filed the appeal with the U.S. Court of Appeals for Virginia’s Fourth Circuit after a judge denied the school district’s request to obtain a preliminary injunction on Friday that would prevent the Department of Education from freezing its federal funding.
The Education Department placed Fairfax County Public Schools and four other Northern Virginian districts on “high risk” status, meaning the Education Department would scrutinize their federal reimbursement requests.
This all comes after the Department of Education claimed Fairfax, along with Loudoun, Prince William, Arlington and Alexandria City public schools are violating Title IX with their policies that let students use bathrooms based on their gender identity rather than their biological sex.
Judge Rossie Alston Jr. of the U.S. District Court for the Eastern District of Virginia ruled Friday that the court lacked subject matter jurisdiction.
Fairfax and Arlington counties filed the initial lawsuit last month.
In a statement, FCPS Superintendent Michelle Reid said they believe their current policies on Title IX regarding bathroom and locker room usage comply with state and federal law. They are continuing to reach out to the DOE about the “high risk” status designation.
“These vital federal funds that remain at risk support food and nutrition services, as well as staffing cafeterias. Other funding supports services and instruction for students with disabilities, aims to improve student achievement, enhances technical education, promotes teacher development, and funds community education programs,” Reid wrote.
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