Education Dept to pull funding from 5 Virginia districts over gender policies

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Virginia schools ordered to halt transgender policies

Virginia parent Jen McDougal joins 'Fox & Friends First' to discuss the latest on the effort to end transgender policies in the classroom and bombshell accusations against Fairfax County Schools involving abortions for minors.

The Department of Education said it plans to pull federal funding from five Northern Virginia school districts after they rejected the Trump administration’s request to rescind their transgender bathroom policies.

The five school systems — Prince William, Fairfax, Alexandria, Arlington, and Loudoun counties — announced this week that they will continue allowing students to use bathrooms and locker rooms that match their gender identity, despite a Friday deadline from the Education Department.

The districts were urged to change these policies after an investigation by the Education Department's Office for Civil Rights (OCR) found the schools to be in violation of Title IX, which prohibits sex-based discrimination in education. The OCR issued a proposed resolution agreement, asking the districts to rescind these policies voluntarily or "risk imminent enforcement action, including referral to the U.S. Department of Justice." 

Education Department spokesperson Madi Biedermann said that the department would begin the process of suspending or terminating federal financial assistance to the five districts, in a statement shared with Fox News Digitalon Friday.

VIRGINIA SCHOOL DISTRICT VOTES TO KEEP GENDER BATHROOM POLICY, DEFYING DEPARTMENT OF EDUCATION DIRECTIVE

Five northern Virginia school districts were warned in July by the Education Department's Office for Civil Rights that their bathroom policies were in violation of Title IX protections. (Istock/ AndreyPopov)

"The U.S. Department of Education generously granted an extension for five Northern Virginia School Districts to come into compliance with Title IX and follow federal law – unfortunately, the additional time did not result in a fruitful outcome," Biedermann said. "The Agency will commence administrative proceedings to effect the suspension or termination of federal financial assistance to these divisions. The Virginia districts will have to defend their embrace of radical gender ideology over ensuring the safety of their students."

Loudoun County was the first district to announce it was keeping its gender policy. At a closed-session meeting on Tuesday, the board voted 6-3 to keep its Policy 8040, which allows students to use the locker rooms and restrooms that correspond with their gender identity. 

A Loudoun County school spokesperson said that the federal interpretation of Title IX conflicts with current state and federal law protecting transgender students.

"After consultation with legal counsel, the Board voted 6-3 not to comply with this request due to the tension between the OCR position and current law. We will continue to monitor developments closely to ensure continued legal compliance and the protection of all students," the county said in a statement shared with Fox News Digital on Wednesday.

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Policy 8040 in Loudou County Schools has long been a source of tension at school board meetings in the district. (Fox 5)

The other four school districts released similar statements on Friday.

Fairfax County, currently at risk of losing up to $160 million in federal funding, Arlington County, Alexandria and Prince William requested the department delay pulling federal funding while the issue is being clarified by the courts.

"In responding to the U.S. Department of Education, we have noted that the U.S. Supreme Court will hear arguments this year and make a decision whether Title IX restricts or protects access to facilities based on gender identity. Until then, we will comply with current laws with respect to Title IX, including the Virginia Values Act," Arlington Public Schools Superintendent Dr. Francisco Duran and Board Chair Bethany Zecher Sutton wrote.

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Demonstrators cheer during the speaking program at the "Our Bodies, Our Sports" rally for the 50th anniversary of Title IX at Freedom Plaza on June 23, 2022 in Washington, DC.  (Anna Moneymaker/Getty Images)

Alexandria Public Schools similarly rejected the Education Department's request and called the proposed resolution agreement an "attempt to define transgender students out of existence" in a letter sent by the schools' lawyer to the Office for Civil Rights.

The Biden administration finalized Title IX regulations in 2024 to expand protections for LGBTQ+ students, interpreting the law’s prohibition on sex discrimination to include gender identity and sexual orientation. 

Following President Donald Trump's return to office in 2025, his administration has moved swiftly to reverse Biden-era education policies, including transgender protections under Title IX.

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