By Naveen Athrappully
Contributing Writer
The Department of Education is seeking to suspend or end federal financial assistance to five Northern Virginia school districts for violating Title IX of the Education Amendments of 1972, the department said in a Tuesday statement.
Title IX prohibits discrimination on the basis of sex in education programs and activities that receive federal funding. In February, the department’s Office for Civil Rights opened a Title IX investigation into 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.
Last month, the department found the school districts to have violated Title IX by allowing students to access intimate facilities based on their “gender identity” rather than sex, the department said. The districts were given an opportunity to resolve the Title IX violations.
However, the districts “refused to sign the department’s proposed resolution agreement to voluntarily resolve their Title IX violations by last Friday’s (Aug. 15) deadline and have instead chosen to remain in violation of Title IX,” the department stated.
As a consequence, the department said it is commencing administrative proceedings aimed at terminating or suspending federal financial assistance to these districts.
The department will place all federal funds to these recipients, worth over $50 million, in reimbursement status. As such, these districts “will now be required to pay their education expenses up front and then request reimbursement for expenditures to access funds obligated by the department,” said the department.
As an indication that the districts have violated federal law and failed to uphold conditions of their grant agreements, the department will now classify them under “high-risk” in the federal grant system.
This allows the department to institute special grant conditions on the districts, aimed at ensuring that recipients spend the funds in compliance with federal regulations.
“States and school districts cannot openly violate federal law while simultaneously receiving federal funding with no additional scrutiny. The Northern Virginia 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 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.”
A spokesperson for Loudoun County Public Schools said in an emailed statement, “LCPS has been clear that we do not believe we are in violation of Title IX.”
“LCPS disputes that we have engaged in activity that would warrant being characterized as a ‘high-risk’ grantee and will consider appropriate next steps. Moreover, LCPS will continue to expend federal funds consistent with federal law and remains committed to its mission of empowering all students to make meaningful contributions to the world.”
The other school districts were contacted for comment and did not provide a response by publication time.
Title IX covers most school districts, universities and colleges in the United States.
It applies to all public school districts receiving federal assistance of any kind. All public colleges and universities, including some private institutions, are also covered if they receive such assistance.
Exemptions exist for educational institutions under certain conditions, such as for religious purposes.
Executive Order on Women’s Rights
The Education Department’s decision follows President Donald Trump’s Jan. 20 presidential action on defending women from “gender ideology extremism.”
The order criticized allowing males to self-identify as females and gain access to intimate single-sex spaces and activities designed for women, such as workplace showers.
“This is wrong. Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety and well-being,” the presidential action said. “The erasure of sex in language and policy has a corrosive impact not just on women but on the validity of the entire American system.”
On Aug. 14, the Education Department announced that its Office for Civil Rights had opened investigations into four more school districts over the issue of violating Title IX and the Family Educational Rights and Privacy Act.
The new probe, against four Kansas school districts, was opened after a complaint alleged that these districts followed policies and practices that permitted students to take part in sports and access intimate facilities, based on their “gender identity.”
The policies also prohibit school officials from revealing a student’s “transgender status” to their parents unless they secure permission from the student.
“Title IX was enacted to protect the rights of girls to equal educational opportunity and safety. Kansas had to sue and defeat the Biden administration in federal court to stop them from dismantling Title IX,” said Kansas Attorney General Kris Kobach.
“I am grateful that we now have a federal government that takes Title IX seriously and will ensure that school districts follow the law.”
