The U.S. Department of Education has placed five Northern Virginia school districts—Alexandria City Public Schools, Arlington Public Schools, Fairfax County Public Schools, Loudoun County Public Schools, and Prince William County Public Schools—on high-risk status and moved them to reimbursement payment status for federal funding. This decision follows the Department’s finding that these districts violated Title IX of the Education Amendments of 1972 by allowing students to use intimate facilities based on gender identity rather than biological sex.
Last month, the Department determined that these divisions were not in compliance with Title IX regulations. The affected school districts declined to sign a proposed Resolution Agreement from the Department by the August 15 deadline and chose not to resolve their violations voluntarily.
As a result, the Department will begin administrative proceedings that could lead to suspension or termination of federal financial assistance for these divisions. All federal funds—including formula funding, discretionary grants, and impact aid grants totaling over $50 million—will now be distributed through a reimbursement process. The school districts must cover education expenses upfront before requesting reimbursement from the Department.
By classifying these divisions as “high-risk” within the federal grant system, the Department signals that they have failed to meet conditions set out in their federal grant agreements due to violations of federal law.
“States and school districts cannot openly violate federal law while simultaneously receiving federal funding with no additional scrutiny. The Northern Viriginia School Divisions that are choosing to abide by woke gender ideology in place of federal law must now prove they are using every single federal dollar for a legal purpose,” said U.S. Secretary of Education Linda McMahon. “We have given these Northern Virginia School Divisions every opportunity to rectify their policies which blatantly violate Title IX. Today’s accountability measures are necessary because they have stubbornly refused to provide a safe environment for young women in their schools.”
According to its regulatory authority, the Department may impose high-risk specific conditions on all grants if grantees fail to comply with grant agreement terms or violate federal law. These restrictions ensure that recipients spend funds according to program requirements and within legal boundaries.
The Office for Civil Rights (OCR) at the Department concluded its investigation into these divisions on July 25 and found them in violation of Title IX for permitting students access to intimate facilities based on gender identity rather than biological sex. After granting an extension requested by the divisions for voluntary resolution discussions, OCR received rejections from all five last Friday.
The high-risk designation serves as an alert across all federal agencies regarding an entity’s failure to comply with grant agreement terms.
Title IX prohibits discrimination based on sex in educational programs or activities receiving federal financial assistance.
