Attorney General Jason Miyares has submitted two amicus briefs to the U.S. Court of Appeals for the Fourth Circuit, challenging efforts by Fairfax County Public Schools and Arlington Public Schools to prevent the U.S. Department of Education from enforcing federal rules that protect women in school bathrooms, locker rooms, and changing areas.
Fairfax and Arlington schools currently permit students to use facilities based on their expressed gender identity rather than biological sex. According to the Attorney General’s office, this practice violates Title IX. The Department of Education responded by placing both school districts on “high-risk” status regarding their federal funding.
Despite concerns raised by the school districts, the “high-risk” designation does not mean an immediate loss of federal funding. Instead, it requires Fairfax and Arlington schools to seek reimbursement for payments instead of receiving funds in advance. Other Northern Virginia school systems with similar designations have confirmed that resources are not stripped as a result.
The briefs submitted by Miyares ask the court to deny emergency requests from Fairfax and Arlington counties for injunctions against the Department of Education’s actions and support the agency’s authority under Title IX.
“Read the briefs here and here.”
