
WASHINGTON, D.C. – Today, America First Legal (AFL) requested that the U.S. Department of Education open investigations into five northern Virginia public school systems — Alexandria City, Arlington County, Fairfax County, Loudoun County, and Prince William County — for violating Title IX of the Higher Education Act of 1972, 20 U.S.C. §1681 et seq. and President Trump’s Executive Order 14190, “Ending Radical Indoctrination in K-12 Schools.”
Title IX prohibits public schools from engaging in unlawful sex discrimination, such as allowing males who “identify” as female access to girls’ sports teams, bathrooms, and locker rooms while denying such access to males who “identify” as male. Executive Order 14190 prohibits schools that engage in such conduct or otherwise promote the “social transition” of children, including requiring staff and students to refer to “gender expansive students” by their preferred “gender pronouns,” from receiving federal funds. Executive Order 14190 also directs the Department of Education to develop a plan to protect public school children and parents by enforcing the Protection of Pupils’ Rights Amendment (PPRA). PPRA enforcement has been a long-standing AFL priority.
AFL’s request for an investigation includes the following:
Alexandria City Public Schools
Alexandria City Public Schools’ “Nondiscrimination in Education” policy “provides access for all students to facilities, such as restrooms and locker rooms, that correspond to a student’s gender identity.” If a student is uncomfortable sharing intimate facilities with someone of the opposite sex, they can access a “single user” facility provided they “minimize lost instructional time.”
Arlington County Public Schools
Arlington County Public Schools’ “Transgender Students in Schools” policy requires: “access to facilities that correspond to a student’s gender identity…be available to all students.” This policy was in place in January 2025 when it was reported a male sex offender exposed his genitals to a 9-year-old in the girl’s locker room. The offender had been using the girls’ locker room for months because he claimed to identify as a female.
Fairfax County Public Schools
Fairfax County Public Schools’ Regulation 2603.2 states that “[i]n no case shall a gender-expansive or transgender student be required to use a locker room or restroom that conflicts with the student’s gender identity or be limited to using only a private area, single-occupancy accommodation, or other single-use facility.”
Loudoun County Public Schools
Loudoun County Public Schools’ policy instructs, “[s]tudents should be allowed to use [restrooms and locker rooms] that correspond to their consistently asserted gender identity.” Specifically, Regulation 8040 defines “[g]ender identity” as “[a] person’s internal sense of their own identity as a boy/man, girl/woman, another gender, no gender, or outside the male/female binary. Gender identity is an innate part of a person’s identity and can be the same or different from the sex they were assigned at birth.”
Prince William County Public Schools
Prince William County Public School Regulation 738-5 mandates that “[a]ll students shall have access to facilities (e.g., restrooms and locker rooms) that correspond to their gender identity.” Regulation 738-5 further defines “transgender” as “a person whose gender identity is different from the sex assigned at birth…[t]here is a wide range of gender identities in addition to transgender male and transgender female, such as nonbinary.”
Statement from Reed D. Rubinstein, America First Legal Senior Vice President:
“Leftist public school administrators and teachers have, in the name of divisive and radical racial and gender ideologies, abused American parents’ rights and catastrophically failed our children. They have used our tax dollars to create a perverse echo chamber in which students are forced to accept these ideologies without question or critical examination; young men and women are even made to question whether they were born in the wrong body and whether to view their parents and their reality as enemies to be blamed. But thanks to President Trump, AFL now has a powerful partner in its fight to protect our children — Executive Order 14190 requires the Department of Education to enforce the law, step up, and end federal taxpayer support for these corrosive practices,” said Reed D. Rubinstein.
Statement from Ian Prior, America First Legal Senior Advisor:
“School districts in Northern Virginia have led the charge against science, reality, and the law by eliminating sex-based rights and rewriting the law to give preferential treatment to students who claim to be ‘transgender’ or ‘gender expansive.’ If those school districts want to continue to enforce unlawful, unworkable, and insane policies, they should lose their federal funding. President Trump has made clear that this lawlessness must end, and these five school districts must either come into compliance with the law or face the consequences of their intransigence,” said Ian Prior.
Read the letter here.
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Photo credit – Adobe Stock Images: Gorodenkoff