Arlington Public Schools leaders are playing their cards close to their chests following the end of a federal investigation into the school system’s anti-discrimination policy.
In response to demands from the U.S. Department of Education, which targeted policies allowing transgender students to use facilities corresponding with their gender identities, Superintendent Francisco Durán said only that APS has received the findings and is formulating a response.
“We are reviewing the letter, assessing our next steps and engaging on the issues in the inquiry,” Durán said at a Thursday meeting. “We will have much more to share in future meetings.”
The superintendent did not address the 10-day deadline that the Department of Education gave APS and four other Northern Virginia school districts, under threat of “imminent enforcement action including referral to the U.S. Department of Justice.”
In his remarks, as in past statements, Durán contended that Arlington Public Schools is following the requirements laid down by those at higher rungs of government.
“We are committed to adhering to the requirements of Title IX and the provisions of the federal and Virginia law,” he said at the School Board meeting.
School Board Chair Bethany Zecher Sutton did not address the Department of Education finding head-on. But she said APS would continue to support diversity.
“We appreciate the differences among our students and employees — without judgment,” she said.
On July 25, the Education Department’s Office for Civil Rights announced that it had found APS — and the school systems of Fairfax, Loudoun and Prince William counties and the City of Alexandria — to be in violation of Title IX of the Education Amendments of 1972.
At issue are policies in the districts, including Arlington, allowing students to use bathroom and locker room facilities of their choice based on gender identity.
“It’s time for Northern Virginia’s experiment with radical gender ideology and unlawful discrimination to come to an end,” said Craig Trainor, acting assistant secretary of education for civil rights.
The Department of Education’s proposed resolution agreement, now under review by Arlington school leaders, would require the division to:
- Rescind the policies and/or regulations that allow students to access intimate facilities based on their gender identity rather than their biological birth sex
- Agree that any future policies related to access to intimate facilities must be consistent with Title IX by separating students strictly on the basis of sex, and that Title IX ensures women’s equal opportunity in any education program or activity. including athletic programs
- Adopt biology-based definitions of the words “male” and “female” in all practices and policies relating to Title IX
The offices of Gov. Glenn Youngkin (R) and Attorney General Jason Miyares (R) also are monitoring the matter, and were critical of the actions of local school divisions.
Northern Virginia school districts have been “deliberately neglecting their responsibility to protect students’ safety, privacy and dignity, and ignoring parents’ rights,” Youngkin said in a July 25 statement.
By contrast, two local LGBTQ+ advocacy groups — Equality Arlington and the Arlington Gender Identity Alliance — issued statements last month urging APS leaders to stand firm despite federal threats.
Durán’s remarks came as part of a broader presentation on plans for the start of the 2025-26 school year set for Monday, Aug. 25.
“We are focused on making sure our schools are ready, safe and supported and have all that’s needed,” he said.
