The U.S. Department of Education's Office for Civil Rights (OCR) has concluded its investigation into five Northern Virginia school districts, finding them in violation of Title IX due to their policies on gender identity. The districts involved are Alexandria City Public Schools, Arlington Public Schools, Fairfax County Public Schools, Loudoun County Public Schools, and Prince William County Public Schools.
The investigation began in February following complaints that the schools' anti-discrimination policies for transgender students were not in line with Title IX's sex-based protections. Reports also alleged that some students avoided using school restrooms because of these policies.
Acting Assistant Secretary for Civil Rights Craig Trainor commented on the findings: “Although this type of behavior was tolerated by the previous Administration, it’s time for Northern Virginia’s experiment with radical gender ideology and unlawful discrimination to come to an end."
As a result of the findings, OCR has issued a proposed Resolution Agreement requiring the divisions to rescind current policies allowing access based on gender identity and instead separate facilities strictly by sex. They must also adopt biology-based definitions of "male" and "female" in all related practices.
This decision follows a recent Supreme Court ruling which upheld a Tennessee law banning certain medical treatments for minors related to gender dysphoria and acknowledged distinctions between transgender identification and biological sex.
Title IX prohibits sex-based discrimination in any educational program receiving federal financial assistance.
