Defying demands from the U.S. Department of Education, Arlington Public Schools has announced plans to retain its current policy on transgender students’ access to facilities.
In a statement to parents and an accompanying letter to the federal agency, the school system argued that it cannot legally comply with federal attempts to stop letting transgender students use bathrooms and locker rooms corresponding with their gender identity.
Pointing to state law and federal precedent on the rights of transgender students, the school system argued that the Education Department should set the matter aside until a lawsuit on the topic goes before the U.S. Supreme Court later this year.
“Arlington Public Schools will continue to foster an inclusive community for all, including students and staff who identify as members of the LGBTQIA+ community,” Superintendent Francisco Durán and School Board Chair Bethany Zecher Sutton said in a joint statement. “We are proud that our core values include excellence, equity, and inclusion.”
“APS is committed to creating policies that ensure all students can learn in an inclusive environment that is safe, supportive and free from all forms of discrimination,” they continued.
The announcement follows a five-month investigation into nondiscrimination policies at five Northern Virginia school districts that the Department of Education launched in response to a complaint from the conservative public interest organization America First Legal.
Last month, the federal agency called for APS — and school districts in Alexandria and Fairfax, Loudoun and Prince William counties — to change their policies on transgender students’ access to bathrooms and locker rooms. It asked them to separate facilities “strictly on the basis of sex” and “adopt biology-based definitions of the words ‘male’ and ‘female.'”
The Department of Education has threatened to withdraw federal funds and contact the U.S. Department of Justice over any noncompliance. Federal funding accounts for about 3% of Arlington Public Schools’ $845 million budget in fiscal year 2026.
However, legal counsel for APS argued that complying with the Education Department’s demands would conflict with state law safeguarding students against discrimination based on gender identity. It would also violate federal precedent on allowing transgender students to use restrooms corresponding with their gender identity, the school system alleged.
APS asked the federal agency to stay the matter until the Supreme Court considers a case involving a transgender girl’s right to compete on a girls athletic team.
“Given the looming guidance from the Court as to whether Title IX restricts or protects access to facilities based on gender identity, APS proposes that OCR stay this matter until the B.P.J. case is resolved,” legal counsel wrote.
APS’ announcement mirrors a similar decision from the Loudoun County School Board earlier this week. Following a 6-3 vote, Loudoun County officials said that they are open to further discussion with the Department of Education but won’t agree to the agency’s demands “at this time.”
“After consultation with legal counsel, the Board voted 6-3 not to comply with this request due to the tension between the [Office for Civil Rights] position and current law,” a spokesperson for that school board told WUSA9. “We will continue to monitor developments closely to ensure continued legal compliance and the protection of all students.”
U.S. Rep. Don Beyer (D-Va.) applauded such decisions in a statement this afternoon.
“I am proud that local education leaders in our community are focused on following the law and ensuring a strong start to the year for all Northern Virginia students, as opposed to joining the Trump Administration’s political stunts,” he said.
The Arlington School Board’s decision followed extensive public comment on this topic at a meeting last week, where parents, advocates and current and former APS students spent about an hour pleading with leaders to maintain their current approach.
One rising 10th grader, who identified as nonbinary, compared their experience of using a gendered bathroom to “being a cat thrown into water.”
“It is not where I’m meant to be and is extremely uncomfortable,” the high schooler told School Board members. “I do not belong there. Having my actual self recognized is like being seen — like I’m acknowledged, that I exist as the person who I am.”
A former APS student who is transgender recalled attempting suicide for the first time at age 12 while attending Williamsburg Middle School and being resuscitated after another suicide attempt at age 16.
“For many, school is the only safe haven they have – and removing that refuge by outing students or forcing them to hide who they are isn’t just misguided, it’s potentially life threatening,” the speaker said.
Other speakers at that meeting included members of Equality Arlington, the Arlington Education Association, Arlington Young Democrats and the Democratic Socialists of America.
“I urge this board to stand firm, hold the line, defend policies that affirm transgender students, names, pronouns, restroom access, and right to participate fully in school life,” said AEA President June Prakash, speaking in her personal capacity. “Show every student they are seen, valued and protected. No matter what threats come from above, I will stand with you.”
