The U.S. Department of Education has placed five Northern Virginia school districts on high-risk status, requiring them to receive federal funding through reimbursement only. This decision affects Alexandria City Public Schools, Arlington Public Schools, Fairfax County Public Schools, Loudoun County Public Schools, and Prince William County Public Schools. The action follows findings that these districts violated Title IX of the Education Amendments of 1972 by allowing students to use facilities based on gender identity rather than biological sex.
Last month, the Department found these divisions in violation of Title IX and offered a Resolution Agreement to address the issues voluntarily. However, the districts did not agree to this resolution by the August 15 deadline and chose to remain non-compliant with Title IX regulations. Consequently, the Department is initiating administrative proceedings that could lead to suspending or terminating federal financial assistance for these divisions.
To ensure compliance with federal law in using funds, the Department will now require these school districts to pay education expenses upfront and then seek reimbursement for expenditures from over $50 million in funds allocated by the Department. The classification as “high-risk” indicates a failure to uphold conditions of federal grant agreements due to violations of federal law.
U.S. Secretary of Education Linda McMahon said, “States and school districts cannot openly violate federal law while simultaneously receiving federal funding with no additional scrutiny.” She emphasized that accountability measures are necessary because these divisions have refused to provide a safe environment for young women in their schools.
The Office for Civil Rights (OCR) concluded its investigation on July 25 and confirmed that the divisions violated Title IX by their policies regarding intimate facilities. Despite an extension granted by OCR for voluntary resolution, the divisions rejected the proposed agreement last Friday.
Title IX prohibits sex-based discrimination in educational programs or activities receiving federal financial assistance. The high-risk designation alerts all federal agencies about an entity’s non-compliance with grant agreement terms.
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