Legal Action

The Fairfax County School Board (FCSB) filed this lawsuit challenging the Department of Education’s August 19, 2025 decision to place Fairfax County Public Schools on “high-risk status.” The status threatens federal education funding based on FCSB’s restroom and locker-room policy that allows students to use facilities matching their gender identity, which the administration alleges violates Title IX. The Board argues the action is arbitrary, capricious, an abuse of discretion, and contrary to law, particularly because the Fourth Circuit’s precedent in _Grimm v. Gloucester County School Board_ holds that Title IX and the Equal Protection Clause require access to facilities aligned with gender identity. FCSB seeks to have the agency action set aside and a declaratory judgment that its policy does not violate Title IX.