The Trump administration is intensifying its standoff with Northern Virginia school districts over transgender student policies, warning that districts face the suspension or termination of millions in federal aid for refusing to comply with federal guidance.
Education Secretary Linda McMahon said Tuesday that her department is “watching Virginia very closely” after Loudoun, Fairfax, Prince William, Arlington, and Alexandria schools defied demands to change their bathroom and locker room policies. The schools currently allow transgender students to use facilities consistent with their gender identity, a stance McMahon argues violates Title IX.
“Well, I think certainly we are looking very, very closely at the schools in Northern Virginia,” McMahon said Tuesday on Fox News’ Faulkner Focus.
“This is just common sense. Boys should not be in girls’ sports and vice versa. It is uncomfortable, and it is a violation of the law. We are making sure that schools will abide by the law. If they don’t, they do run the risk of having federal funding pulled. So, we’re watching Virginia very closely and I think we’ll determine very soon whether or not we’ll take further action.”
On Tuesday, the Department of Education announced new measures to place the five Virginia districts under “high-risk” and reimbursement payment status. The districts collectively receive over $50 million in federal education funding, including formula funding, discretionary grants, and impact aid.
The designation means the school systems must now pay their education expenses upfront and then apply for federal reimbursement, a process that allows the DOE to review and approve expenditures closely before funds are released.
DOE officials reportedly stressed that the “high-risk” label also makes it more difficult for the districts to obtain new federal grant money, further tightening oversight. Administrative proceedings are also underway that could suspend or terminate federal financial assistance entirely if the districts reject compliance.
In July, the U.S. Department of Education’s Office of Civil Rights determined that the Virginia school districts’ policies, which allow students to use bathrooms and locker rooms based on gender identity rather than biological sex, violate Title IX.
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On Friday, all five school districts formally rejected the federal government’s demands that they change their policies. The districts argue that if they were to comply with the DOE’s order, they would violate binding precedent from the Fourth Circuit Court of Appeals, which protects transgender students’ access to facilities.
The dispute intensified recently after two Loudoun County boys at Stone Bridge High School were suspended for confronting a transgender student in the boys’ locker room, a student who, according to reports, recorded them on video in violation of school policy.