VA schools grapple with federal threats over transgender student bathroom policies

PRINCE WILLIAM COUNTY, Va. - Prince William School District Board members met privately with district attorneys Thursday night amid pressure from the Department of Education to reverse its policy that allows transgender students to use the restroom consistent with their gender identity. 

This comes as the DOE says five Northern Virginia districts are in violation of title IX and must amend their policies. 

What we know:

Several years ago, a Virginia-based federal appeals court ruled transgender students can use restrooms consistent with their gender identity.

But this past January, President Donald Trump signed an executive order that essentially called on the Department of Education to block federal funds to schools that support students who identify as transgender. 

Days later, a conservative group filed a complaint with the Department of Education against five Northern Virginia school districts over their bathroom policies. 

In late July, the DOE came back and said its investigation found the following districts are in fact in violation of Title IX: Alexandria City Public Schools, Arlington Public Schools, Fairfax Public schools, Prince William County Public Schools and Loudoun County Public Schools.

The DOE said specifically its Office for Civil Rights "determined that the Divisions’ policies, which allow students to access intimate, sex-segregated facilities based on the students’ subjective ‘gender identity,’ violate Title IX of the Education Amendments of 1972." 

The DOE announced if the school districts don't reverse their policies, they "risk imminent enforcement action including referral to the U.S. Department of Justice."

How they're responding:

In a statement to FOX 5, Prince William County Public Schools said Thursday night that it "continues to review and work through legal issues related to the proposed Resolution Agreement provided by the U.S. Department of Education’s Office for Civil Rights (OCR). As we prepare for the first day of school on August 18, please be assured that PWCS remains firmly committed to fostering a safe, inclusive, and respectful learning environment for all students and staff. Our policies and practices are guided by our core values and by applicable federal and state laws. PWCS continues to support the well-being and dignity of every student."

The district did not disclose any details about its board members' private discussions with attorneys. 

Fairfax County Public Schools told FOX 5, "Fairfax County Public Schools (FCPS) received on July 25 the letter referenced in the U.S. Department of Education’s Office for Civil Rights (OCR) press release dated July 25, 2025. We are reviewing the document in detail and will respond after we have completed our review. FCPS remains committed to fostering a safe, supportive, welcoming, and inclusive school environment for all students and staff." 

Loudon County Public Schools told FOX 5 "the board is planning to discuss this Tuesday evening at their regularly scheduled board meeting." 

And Arlington County Public Schools said "APS has received a letter from the U.S. Department of Education regarding Title IX and transgender students in our schools.  We are reviewing the letter, assessing next steps and engaging with DOE on the issues involved in their inquiry. As we prepare for the new school year, we remain committed to supporting all students, including our LGBTQIA+ community. We are committed to adhering to the requirements of Title IX and other federal and Virginia law provisions, as well as ensuring every student in our care has access to a safe, supportive learning environment."

We did not immediately hear back from Alexandria City Public Schools. 

What's next:

FOX 5 will continue to monitor each district's ongoing reviews and discussions to see if they reverse or amend their policies, and they don't, what action, if any, the DOE takes.