Fairfax County Public Schools (FCPS) Superintendent Dr. Michelle Reid has decided to continue enforcing transgender student policies that the U.S. Department of Education has deemed unlawful under Title IX. This decision could potentially put at risk $160 million in federal education funding for the district.
In response, the America First Policy Institute (AFPI) issued a statement from Leigh Ann O’Neill, chief of staff for the Center for Litigation and senior legal strategy attorney. O'Neill said, "While Dr. Reid asserted that these policies reflect the current state of the law, what she failed to disclose is critically important: the law remains unsettled and may well be overturned by the Supreme Court before the school year ends."
Dr. Reid's letter to parents mentioned that FCPS policies align with Virginia law and rulings from the Fourth Circuit Court of Appeals, referencing Grimm v. Gloucester County. This case found that requiring students to use bathrooms based on biological sex discriminated against transgender students under Title IX.
However, Dr. Reid did not mention another pending Supreme Court case, West Virginia State Board of Education v. B.P.J., which addresses similar legal issues regarding transgender rights and privacy concerns for girls.
The Eleventh Circuit has ruled differently than Grimm in Adams by and through Kasper v. Sch. Bd. of St. Johns Cnty., where it was determined that Title IX does not extend to gender identity.
O'Neill added that "the Supreme Court will soon decide these issues—and AFPI will be there to ensure that parents, students, and the rule of law prevail." She emphasized that Dr. Reid's decision might expose Fairfax students to unlawful discrimination while risking federal funding.
AFPI is actively involved in litigation across various states to defend families' rights concerning transgender policies in schools.
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