Information about Arlington Public Schools’ Non-Discrimination Policies, Title IX, and the U.S. Department of Education

In February 2025, the U.S. Department of Education (DOE) alleged that APS’s Policy Implementation Procedure (PIP) J-2 PIP-2 Transgender Students in Schools, which allows students to use the restroom or locker room that aligns with their gender identity, violated Title IX. After an investigation, the U.S. DOE found APS in violation of Title IX and placed APS on high-risk status, threatening approximately $23 million in federal funding critical for services to vulnerable students. APS responded by filing a lawsuit seeking an injunction and appealing, after a district court dismissed their case on jurisdictional grounds, while maintaining that APS policies comply with both federal and state law.

The following provides further background on APS policy, legal milestones, funding at risk, and latest developments.

APS Policy

• July 2019: APS adopted J-2 PIP-2 Transgender Students in Schools, allowing students to use facilities that correspond to their gender identity and providing single-use facilities for all students.

Legal Milestones

• 2020: The Fourth Circuit ruled in Grimm v. Gloucester County (VA) School Board that denying a student access to the bathroom matching their gender identity is discrimination under Title IX and violates the Equal Protection Clause. APS’s current PIP aligns with this ruling.
• February 2025: The U.S. Department of Education (U.S. DOE) alleged that APS’s policy allowing students to use restrooms matching their gender identity violates Title IX, jeopardizing APS’s access to federal education funding. APS maintains that its policy is consistent with both federal and state laws.

Funding Implications

• U.S. DOE Funding Freeze: The U.S. DOE has threatened to withhold millions in federal funds, jeopardizing meals, counseling, and academic supports for vulnerable students.
  • July 25, 2025: The U.S. DOE’s Office for Civil Rights concluded investigations into five Northern Virginia districts, including APS, determining that their policies allowing access based on gender identity violate Title IX.
  • August 15, 2025: APS responded to U.S. DOE, citing federal and state law which prevents APS from changing its policy.
  • August 19, 2025: U.S. DOE notified APS that it was placed on high-risk status, requiring all federal funding to the district be done by reimbursement only. APS receives approximately $23 million in federal funding, primarily used to provide over 8,000 low-income students free breakfast and lunch, or special needs students with counseling and educational supports.

Latest Developments

• August 29, 2025: APS filed a complaint in federal court seeking an injunction to reverse the U.S. DOE’s designation of APS as a “high risk” grantee.
• September 5, 2025: The U.S. District Court dismissed APS’s case on jurisdictional grounds but recognized that the Grimm decision remains the law of the Circuit. The Court stated:
  • “This Court unconditionally recognizes Grimm ‘remains the law of this Circuit’ and thus binds both this Court and the parties within the Fourth Circuit.”
• September 10, 2025: APS filed a notice of appeal in the United States Court of Appeals for the Fourth Circuit, seeking to protect essential services and funding for students.
• September 15, 2025: Senators Kaine and Warner posted a statement of support to demand the release of federal funding for Northern Virginia Schools.
• September 16, 2025: Read APS’ public statement about the appeal.