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A federal judge declined to rule on the lawsuit by two Northern Virginia school districts against the DOE over transgender bathroom policies.
ALEXANDRIA, Va. — A federal judge has dealt a setback to two Northern Virginia school districts.
Judge Rossie Alston Jr. dismissed a lawsuit filed by the Fairfax County and Arlington public schools against the U.S. Department of Education.
The DOE threatened to withhold funding from Fairfax County and Arlington over their transgender-inclusive bathroom policies.
The lawsuit urged the court to block the department from designating the districts as “high-risk,” thereby threatening their federal funding to the districts.
Arlington and Fairfax said the decision is retaliatory and unlawful.
The attorney for the defendant, U.S. Secretary of Education Linda McMahon, said it has not cut funding entirely but has subjected the districts to heightened scrutiny, requiring them to front the costs before being reimbursed. School officials say any delayed payments could eventually jeopardize critical student services such as meal programs.
Judge Alston said that the court lacks the authority to demand payment, but allowed them to refile the lawsuit in another court.
Arlington and Fairfax counties, as well as the Loudoun County, Prince William County, and Alexandria City school districts have been embroiled in a clash with the Department of Education over transgender restrictions.
Under the Trump administration, allowing transgender students to use bathrooms and locker rooms consistent with their gender identifies violates Title IX, the federal law prohibiting sex-based discrimination in schools.
The districts said they’ll continue to explore other legal options.
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