Loudoun County Public Schools has decided to maintain its policy allowing students to use bathrooms and locker rooms that match their “gender identity,” in defiance of a U.S. Department of Education order to enforce Title IX based on biological sex. This decision was announced following a Tuesday, August 13, closed session vote by the Loudon County School Board.
Fox News reported that in the closed-session meeting on August 13, 2025, the Loudoun County School Board voted 6–3 to retain its gender identity policy, known as Policy 8040. This policy permits students to use restrooms and locker rooms corresponding to their gender identity. The board cited a tension between federal agency guidance and binding judicial authority—specifically, Fourth Circuit legal precedent—as justification for their decision.
In a public statement, Loudoun County Public Schools affirmed its intent to “ensure full compliance with state and federal laws” while maintaining an inclusive environment for all students. Despite this commitment, just weeks later, the school board voted 6–3 to uphold existing “gender identity” policies that allow access based on gender identity, directly rejecting the federal directive to adopt biology-based definitions. The Washington Post notes that this defiance places the district at risk of enforcement measures, including potential referral to the Department of Justice.
The U.S. Department of Education’s Office for Civil Rights (OCR) determined that “gender identity” policies in five Northern Virginia districts, including Loudoun, violate Title IX because they permit transgender students to use facilities aligned with their “gender identity.” The OCR requested these districts rescind their policies and adopt biology-based definitions of sex or face enforcement actions. Despite this federal directive, the Loudoun County School Board weighed the legal tension between agency guidance and binding judicial precedent before reaching a decision. According to the Washington Post, the board ultimately chose not to comply, citing conflicting interpretations under Title IX.
Loudoun County Public Schools is Virginia’s third-largest school division, serving approximately 82,000 students across 98 schools as of the 2022–2023 academic year. The district has a history of evolving policies and responses to social change, such as issuing a formal apology in 2020 for its delayed desegregation efforts dating back to 1967.
