Days after a federal judge dismissed a lawsuit that Fairfax and Arlington Public Schools hoped would prevent federal money from being frozen, both Northern Virginia school districts have filed an appeal.
And Fairfax County Schools鈥� Superintendent Michelle Reid is warning about what鈥檚 at stake if the divisions don鈥檛 receive the funds.
鈥淚t harms our most vulnerable children,鈥� Reid told 海角社区app on Wednesday. 鈥淎nd in this case, tens of thousands of our most vulnerable children.鈥�
On Friday, Judge Rossie D. Alston Jr. of the United States District Court for the Eastern District of Virginia declined to rule in the case, writing that the court lacks jurisdiction. The appeal has been filed with the United States Court of Appeals for the Fourth Circuit of Virginia.
海角社区app has contacted the Department of Education for comment on the appeal.
The step is the latest in the back and forth between several Virginia school divisions and the Department of Education. The federal agency designated five districts 鈥� Fairfax, Loudoun, Prince William, Arlington and the City of Alexandria 鈥� as “high risk” and threatened to withhold federal dollars, because they didn鈥檛 change their policies for intimate facilities, including bathrooms and locker rooms.
The agency found the policies to be in violation of Title IX, because they allow students to use spaces such as bathrooms based on their gender identity instead of their biological sex. The school districts maintain they鈥檙e following the law.
In Fairfax, Virginia鈥檚 largest school system, Reid said there鈥檚 $167 million in federal money that could be in jeopardy. It helps pay for Title I programs, IDEA programs to support students with special services and food and nutrition programs, 鈥渨hich for over 70,000 of our children may be the only meal of the day they actually receive.鈥�
In the coming weeks, Reid said the district will start submitting for reimbursement for Title I and food and nutrition programs, as it typically does.
鈥淭hat鈥檚 when we鈥檙e going to experience the potential for greater scrutiny and freezing of our funds, which has been what the Department of Education has indicated will happen,鈥� she said.
The school district has contacted the Education Department by phone and left messages, and sent a letter too, but Reid said they haven鈥檛 received a response.
In Arlington, meanwhile, Superintendent Francisco Duran has said the high risk designation meant 鈥渆ffectively freezing $23 million鈥� that is used to offer free meals and help support students with disabilities.
In a statement, a spokesman for Arlington schools said Wednesday that while Judge Alston dismissed the case on jurisdictional grounds, 鈥渉is decision explicitly upheld the legality of our transgender student policy and its adherence to Title IX.鈥�
The appeal decision, the statement said, is to protect money for essential services, such as free meals and academic support, 鈥渇or the students who rely on them most.鈥�
Reid said in Fairfax, she鈥檚 been communicating what鈥檚 at risk but is expecting the funding to be reinstated and not frozen.
鈥淭he five jurisdictions here in Northern Virginia, as well as the divisions across the Commonwealth and across the country, remain committed to the power and promise of public education,鈥� Reid said. 鈥淭hese attempts to defund public education simply won鈥檛 be tolerated.鈥�
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