Arlington Public Schools is going to court over a $23 million freeze in funding from the U.S. Department of Education.
The school system filed a 30-page complaint today (Friday) challenging the Department of Education’s decision to designate APS and four other Northern Virginia school systems as “high risk” because of a legal dispute about their policies around transgender students.
The Education Department has accused the school districts of sex-based discrimination because they allow transgender students to use bathrooms and locker rooms that match their gender identities. Earlier this month, the agency began seeking to suspend or terminate assistance and placed the school systems “on reimbursement status” for all Education Department funding.
APS says it primarily uses these funds to give over 8,000 low-income students free breakfast and lunch and provide thousands of special needs students with counseling and educational support.
“We assert the Department’s funding freeze violates Title IX, the Administrative Procedures Act, and the Spending Clause of the U.S. Constitution,” Superintendent Francisco Durán and School Board Chair Bethany Zecher Sutton said in a letter to parents. “In addition, the Department is incorrectly interpreting Title IX.”
“Our transgender student policy is consistent with both state and federal law, including the Virginia Values Act, and is also supported by recent court decisions affirming protections for transgender students.”
Durán and Sutton’s complete statement is below.
Dear APS Community,
We are writing to provide an update about our school division’s designation by the U.S. Department of Education as a high-risk grantee, effectively freezing $23 million in funding APS relies on to provide services to students and families.
APS has a duty to our students, families and educators to defend the resources they deserve and the policies that protect students of all backgrounds. Today, we filed a complaint asking a federal court to direct the U.S. Department of Education to reverse its designation of Arlington Public Schools as “high-risk” and ensure the federal funds remain available to APS students.
We assert the Department’s funding freeze violates Title IX, the Administrative Procedures Act, and the Spending Clause of the U.S. Constitution. In addition, the Department is incorrectly interpreting Title IX. Our transgender student policy is consistent with both state and federal law, including the Virginia Values Act, and is also supported by recent court decisions affirming protections for transgender students.
APS is being asked to violate both state and federal law, and that’s unacceptable. Withholding approximately $23 million in federal funding—primarily used to provide over 8,000 low-income students with free breakfast and lunch and thousands of special needs students with counseling and educational supports— rips away the tools and resources that our community relies on for student success and wellbeing.
At last week’s Arlington School Board meeting, parents, students and community members spoke on behalf of transgender students, and the importance of upholding our policies and following the law. Your comments continue to guide us and our commitment to honoring our community’s values and preserving our responsibility to provide high-quality public education for all Arlington students. One speaker mentioned how our decision has shown our students that APS is not just a place to go to school, it is a place where they are valued and welcome, and that is the environment we strive to cultivate.
Given the urgent nature of this matter and the irreparable harm placed on students and families, we expect a judge to hear our case quickly and issue an order preserving our federal funding. As this litigation unfolds, we will continue to update you as our case moves through legal proceedings.
As always, APS is committed to ensuring all students can learn in an inclusive environment free from all forms of discrimination.
