Arlington Public Schools Fourth Circuit Appeal Action – Public Statement

Arlington Public Schools (APS) has filed an appeal in response to the U.S. District Court dismissing our case on jurisdictional grounds, while explicitly upholding the legality of our transgender student policy and its adherence to Title IX.  APS has asked the Fourth Circuit for emergency relief – to stop the U.S. Department of Education’s (U.S DOE’s) attempt to freeze federal funds as the litigation proceeds. Our appeal and emergency motion are grounded in the fact that by dismissing APS’ case, APS has no remedy to protect itself against the U.S. DOE’s arbitrary and impulsive denial of $23 million dollars. The federal funds are used to provide over 8,000 low-income students with free breakfast and lunch, or special needs students with counseling and educational supports.

The District Court has the authority to decide this matter, since federal law allows courts to step in when harmful actions need to be stopped. The “high-risk” designation is unlawful and will prevent our teachers, faculty, and staff from providing support for all 28,000 of our students.

Filing this appeal is the only way to preserve these essential funds and maintain both our commitment to following the law and to meeting the needs of some of our most vulnerable students.

Learn more about APS efforts to defend essential services and funding for students