Education Dept. probes pro-trans policies in Northern Virginia schools

The U.S. Department of Education’s Office of Civil Rights is investigating five school districts in Northern Virginia for pro-trans policies that may violate provisions of Title IX and run afoul of President Donald Trump’s Jan. 29 executive order prohibiting federally funded educational institutions from promoting what his administration calls “gender ideology.”

The Hill reported news of the probe on Monday, citing a Feb. 12 letter from the agency to America First Legal, a conservative organization founded by White House Deputy Chief of Staff Stephen Miller, which indicated that an investigation had been opened into the Arlington, Alexandria, Fairfax, Loudoun and Prince William County school districts.

The letter comes in response to a complaint filed by America First Legal, which argued that “These school districts violate Title IX by maintaining policies that permit ‘gender expansive and transgender students’ the ability to feel safe and comfortable by using sex-segregated intimate facilities consistent with their ‘gender identity,’ while
denying similarly situated individuals, whose ‘gender identity’ is the same as their sex, the ability to feel safe and comfortable in the use of the sex-segregated common restrooms and locker rooms of their sex.”

Per the Education Department’s letter, “the specific polices challenged by complainant are as follows: Alexandria City Public Schools’ ‘Nondiscrimination in Education’ policy; Arlington County Public Schools’ ‘Transgender Students in Schools’ policy; Fairfax County Public Schools’ Regulation 2603.2; Loudoun County Public Schools’ Policy 8040; Prince William County’s Regulation 738-5.”

America First argues that the five policies constitute unlawful sex-based discrimination as defined under Title IX because the “only option” available to cisgender students in these school districts who “feel unsafe and uncomfortable” in these spaces is to use “a private restroom or an alternative that ‘minimize[s] the loss of instructional time.’”

The organization further argues that provisions in these policies that instruct educators and staff to use the names and pronouns chosen by their students violate a provision of Trump’s executive order prohibiting schools from helping to facilitate their “social” gender transitions.

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