Arlington Public Schools is Violating Title 9, discriminating against boys and girls in the public schools

Arlington Public Schools is discriminating against Boys and Girls in our Public School System.

The U.S. Education Department has announced that it completed a 5-month investigation of the anti-discrimination polices of five school districts, including APS.

According to a release, the agency’s Office for Civil Rights concluded that school districts were in violation of Title IX “sex-based protections.” The agency asked them to accept “resolutions” of agreement and threatened federal consequences for non-compliance.

The Education Department stated that “OCR offered the Divisions a chance to agree voluntarily within 10 days, or face imminent enforcement actions including referral to U.S. Department of Justice.”

The agency specifically called on APS, Fairfax County Public Schools (FCPS), Alexandria City Public Schools (ACPS), Loudoun County Public Schools (LCPS) and Prince William County Public Schools (PWCPS) to take the actions below.

(i) Rescind policies and/or regulations which allow students to use intimate facilities based solely on their “gender identities” instead of their sexe;

(ii) Send a memo to each Division School explaining that future policies regarding access to intimate facilities should be in compliance with Title IX, which requires that students are separated strictly based on sex and Title IX guarantees women’s equality of opportunity for any educational program or activity. This includes athletic programs.

Adopt biologically-based definitions for the words “male” or “female”, in all policies and practices relating to Title IX.

Craig Trainor said that, “Despite the fact that this behavior was tolerated under the previous administration, it is time to put an end to Northern Virginia’s experiment in radical gender ideology and illegal discrimination,” said Craig Trainor. The OCR’s investigation shows conclusively that these Virginia school districts have violated the rights of their students to serve an extreme political ideologie.

The press release referred to a Supreme Court ruling in June, which upheld Tennessee legislation that prohibits gender-affirming treatment for transgender children.

Frank Bellavia, APS spokesperson, did not reply to a comment request by the publication deadline.

Bellavia, who spoke to ARLnow in the beginning of this year, said: “We are proud to provide safe and welcoming schools for every student.” “We adhere to all Title IX laws.”

Virginia Gov. Glenn Youngkin and Jason Miyares, Attorney General of Virginia, celebrated the findings of the Education Department in a Press Release.

Miyares stated, “I am encouraged today that the federal is working with us to restore sanity to public education.” Parents have the right and responsibility to voice their concerns and to demand accountability of their local schools. Our daughters should also have the same opportunity as our sons. Virginia’s students are entitled to safety, privacy and dignity.

Below is the complete press release of the Department of Education.

The Office for Civil Rights of the U.S. Department of Education (OCR), announced today that it had concluded its investigation of allegations of discrimination based on sex against five Northern Virginia school divisions (the Divisions). OCR found that the Divisions policies which allowed students to enter sex-segregated, intimate facilities based solely on their subjective “gender identity” violated Title IX of Education Amendments of 1973.

OCR began an investigation in February this year into Alexandria City Public Schools and Arlington Public Schools. They also investigated Fairfax County Public Schools Loudoun County Public Schools and Prince William County Public Schools. The investigation was based on complaints alleging that the Divisions have similar anti-discrimination policies pertaining to “transgender-identifying” students, which violate the sex-based protections of Title IX. Several lawsuits, informal reports and complaints have also been filed against the Divisions. These allege that the Divisions’ policies prevent students from using the restrooms at school, while female students claim that male students have inappropriately touched other students or watched female students changing in a women’s locker room.

The previous administration tolerated this behavior, but it is time to end Northern Virginia’s experiment in radical gender ideology and illegal discrimination. OCR’s report shows conclusively that the five Virginia school districts are violating students’ rights in order to serve an extreme political agenda,” stated Acting Assistant Secretary of Civil Rights Craig Trainor.

OCR, as a result of its noncompliance findings, has proposed a Resolution Agreement for the Divisions in order to resolve their Title IX violation. OCR offered the Divisions a chance to agree voluntarily within 10 days, or face imminent enforcement actions including referral to U.S. Department of Justice.

The proposed Resolution Agreement of the Department of Education requires that the Divisions take the following action:

(i) Rescind policies and/or regulations which allow students to use intimate facilities based solely on their “gender identities” instead of their sex.

(iii) Send a memo to all Division schools explaining that future policies regarding access to intimate areas must comply with Title IX, which requires that students be separated strictly by gender and Title IX guarantees women equal opportunities in any educational program or activity. This includes athletic programs.

Adopt biologically-based definitions for the words “male” or “female”, in all policies and practices relating to Title IX.

Background

The Supreme Court upheld on June 18, 2025 a Tennessee law that prohibited certain medical care for children related to “gender dysphoria or gender identity disorder or gender incongruence.” It held that laws regulating treatment or procedures within this area are subject to a rational basis review, rather than being scrutinized more closely under the Equal Protection Clause. The Supreme Court recognized that “transgender identity” is different from “biological gender.”

Title IX of Education Amendments of 1973 prohibits discrimination based on sex for any program or activity that receives federal financial assistance.