In defense of its decision to freeze certain grants to the plaintiff schools, the Education Department claimed that giving students the freedom to choose bathrooms that correspond with their gender identity, rather than their biological sex, violates Title IX provisions.
A federal court has refused to make any ruling in a lawsuit filed on behalf of two school districts in Northern Virginia, both of which claim that the U.S. Department of Education’s directive to assign bathrooms on the basis of biological sex—rather than students’ preferred gender identities—is unlawful.
According to WTOP News, U.S. District Judge Rossie D. Alston, Jr., of the District Court for the Eastern District of Virginia, said that, because Fairfax and Arlington Public Schools’ lawsuits seek “to order the payment of money,” his court lacks subject-matter jurisdiction.
The appropriate venue, Alston said, would likely be the U.S. Court of Federal Claims.
WTOP notes that the ruling was issued several days after the districts filed their claims.
Arlington and Fairfax Public Schools are both facing abrupt funding cuts over their student-bathroom policies. Other regional districts, including those in the City of Alexandria and the nearby counties of Loudon and Price William, have also been under investigation by the U.S. Department of Education.
In defense of its decision to freeze certain grants to the plaintiff schools, the Education Department claimed that giving students the freedom to choose bathrooms that correspond with their gender identity, rather than their biological sex, violates Title IX provisions.
Fairfax County Public Schools has since said that, while it has yet to cement its next steps, it has no plans to abandon vulnerable children.
“We are considering our next steps in the courts as we strongly believe the Department of Education’s classification of FCPS as a ‘high-risk’ entity effectively holds the division hostage and violates binding precedent from the Fourth Circuit Court of Appeals,” the district said in a statement. “This designation unfairly harms tens of thousands of our most vulnerable students who depend on these federal dollars.”
Fairfax County says that, though it does not accept any funding through Title IX-related programs, it does receive a small portion of its operating budget from federal subsidies.
“These critical federal dollars are used to support food and nutrition services, as well as the staffing of cafeterias,” a spokesperson for Fairfax County Public Schools said. “Other funding is used for services and instruction for students with disabilities and students from low-income families, to increase student achievement, support technical education, promote teacher development, and fund community education programs.”
The superintendent of Arlington Public Schools, in contrast, said that the cuts will cause his district to lose more than $23 million in funds. Much of that money, says Superintendent Francisco Duran, goes toward special needs-related education as well as free breakfast and lunch programs—programs currently used and relied upon by thousands of Arlington students.
Arlington and Fairfax County Public Schools maintain that their policies are Title IX-compliant and in no way violative of federal law.
Sources
Judge dismisses Va. school districts’ lawsuits against Education Dept.
Judge won’t rule on Fairfax, Arlington schools lawsuit to prevent federal funding freeze
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