School Districts Sue US in Battle Over Bathroom Rules

Two of Virginia's largest school districts are taking the US Department of Education to court, intensifying the battle over whether local policies supporting transgender students will cost them vital federal funding. Arlington and Fairfax County public schools have filed suits to prevent the agency from cutting their funding, the Washington Post reports. The clash centers on rules that let students use bathrooms and locker rooms aligning with their gender identity, a position the Education Department recently deemed a violation of Title IX, the landmark federal law barring sex discrimination.

Earlier in the month, Arlington, along with Alexandria, Fairfax, Loudoun, and Prince William counties, refused to roll back the inclusive policies when pressed by the department. Federal officials then warned they would "suspend or terminate" funding to the districts and placed them on "high-risk" status, a move that could complicate future access to federal money. It means that the districts will only be reimbursed for educational expenses, per Politico, requiring them to pay the costs up front. The change applies to more than $50 million in formula funding, discretionary grants, and impact aid grants.

Education Secretary Linda McMahon defended the crackdown, per the Post, arguing that school districts can't "openly violate federal law while simultaneously receiving federal funding with no additional scrutiny." The districts maintain their policies are both legal and essential for fostering supportive school environments. Arlington officials, in a statement, noted that federal aid backs programs including academics and free meals. Revoking the policies, they argue, would actually put them at odds with other antidiscrimination requirements.