Arlington Public Schools maintains a non-discrimination policy and transgender student procedures that allow students to use restrooms and locker rooms that align with their gender identity. In August 2025, the U.S. Department of Education placed APS and other local school divisions under a “high-risk” status for alleged Title IX violations related to our transgender policy, jeopardizing federal funding for vital student needs.
In response, APS filed a federal complaint. APS policy is consistent with state and federal laws, including Title IX and the Virginia Values Act. On September 5, U.S. District Judge Rossie D. Alston explicitly upheld the legality of our transgender student policy and its adherence to Title IX, while dismissing the case on jurisdictional grounds. His ruling stated: This Court unconditionally recognizes Grimm [court decision from 2020] ‘remains the law of this Circuit’ and thus binds both this Court and the parties within the Fourth Circuit” but dismissed APS’ case on jurisdictional grounds.
On Sep. 10, 2025, APS appealed the jurisdictional dismissal in order to protect funding for essential student services. Our decision to appeal is to protect funding for essential services—free meals, counseling, and academic support—for the students who rely on them most.