ALEXANDRIA, Virginia – Alexandria City Public Schools has joined the appeal of a federal court ruling to cut funds for letting transgender students use bathrooms and locker rooms that correspond with their gender identity.
On September 5, U.S. District Judge Rossie D. Alston Jr. denied a request by the Arlington County and Fairfax County school boards seeking a preliminary injunction and/or a temporary restraining order to prevent federal money being withheld from the schools over these gender identity issues.
On September 22, the Alexandria school board joined Fairfax County in appealing that ruling.
In July, the U.S. Department of Education asked Arlington Public Schools, Alexandria Public Schools as well as school districts in Fairfax, Loudoun and Prince William counties to change policies regarding transgender student access to bathrooms and locker rooms. The DOE had asked the schools to separate facilities “strictly on the basis of sex” and to use the “biology-based definitions” of male and female in Title IX policies.
The schools had until August 15 to agree to comply. All five districts maintained their bathroom policies.
The appeal says the DOE, under Secretary Linda McMahon, wants the school districts to violate Title IX and legal precedent while standing to lose millions in federal funds. The federal funds are for special education and therapy for students with disabilities, transportation for homeless students, supports for students in Title I schools, career and technical education and assistance for English language learners.
Alexandria’s appeal says it has large numbers of English language learners and economically disadvantaged students. It also says federal funds account for about 5.2 percent of its annual budget.
“Those funds also represent a significant proportion of (the board’s) budget, the loss of which will result in significant cutbacks on services and programs that will result in immediate harm to the student population (the board) serves,” the appeal states.
In a September 22 letter to employees and families, the Alexandria board said it didn’t take the decision to join the appeal lightly.
“This act is necessary because to comply with the demands of the U.S. Department of Education would expressly violate the law regarding treatment of transgender students as decided by the Fourth Circuit,” the letter states. “Since ACPS does not want to expose the school division to litigation for violating Title IX, the U.S. Department of Education has given ACPS little choice but to move forward in this fashion. …
“ACPS will not stand idly by and allow the U.S. Department of Education to withhold funds from children in need. ACPS’ priority is to provide the children in the City of Alexandria a world-class education while upholding the law, and we will continue to do so here.”
The letter, signed by board Chairwoman Dr. Michelle Rief and Superintendent Dr. Melanie Kay-Wyatt, says the school system knows these issues “can stir many emotions and questions.”
“Please know that we made this decision with deep care and a steadfast commitment to doing what is right for every child in our schools,” the letter concludes. “Our priority is to ensure that every student feels safe, respected and supported so they can thrive. … Together, we will continue to nurture, educate and inspire every student to ensure their success.”
