U.S. Department of Education Places Five Northern Virginia School Districts on High-Risk Status and Reimbursement Payment Status for Violating Title IX

Today, the U.S. Department of Education (the Department) announced it is placing Alexandria City Public Schools, Arlington Public Schools, Fairfax County Public Schools, Loudoun County Public Schools, and Prince William County Public Schools (the Divisions) in Northern Virginia on high-risk status with the condition that all federal funding flowing to these districts is done by reimbursement only. This action is being taken after all five Divisions have been found in violation of Title IX of the Education Amendments of 1972 (Title IX). The Department found the Divisions in violation of Title IX last month for their policies allowing students to occupy intimate facilities based on “gender identity,” not biological sex. The Divisions refused to sign the Department’s proposed Resolution Agreement to voluntarily resolve their Title IX violations by last Friday’s (August 15th) deadline and have instead chosen to remain in violation of Title IX.

As a result of the Divisions’ rejection of the Resolution Agreement, the Department is commencing administrative proceedings seeking suspension or termination of federal financial assistance to the Divisions. 

Additionally, to ensure that grantees expend federal funds consistent with federal law, the Department is placing these Divisions on reimbursement status for all Department funds including formula funding, discretionary grants, and impact aid grants, totaling over $50 million. The Divisions will now be required to pay their education expenses up front and then request reimbursement for expenditures to access funds obligated by the Department. 

To indicate that the Divisions have failed to uphold the conditions of their federal grant agreements by violating federal law, the Department will classify the five Divisions as “high-risk” within the federal grant system. 

“States and school districts cannot openly violate federal law while simultaneously receiving federal funding with no additional scrutiny. The Northern Viriginia School Divisions that are choosing to abide by woke gender ideology in place of federal law must now prove they are using every single federal dollar for a legal purpose,” said U.S. Secretary of Education Linda McMahon. “We have given these Northern Virginia School Divisions every opportunity to rectify their policies which blatantly violate Title IX. Today’s accountability measures are necessary because they have stubbornly refused to provide a safe environment for young women in their schools.” 

Pursuant to its regulatory authority, the Department may place grantees on high-risk status and impose High-Risk Specific Conditions on all grants for the Divisions’ failure to comply with conditions of their grant agreements by violating federal law. Such restrictions are imposed to ensure that a grantee is spending federal funds consistent with the terms and conditions of the grant program and in conformity with federal law. 

Background:

On July 25, the Department’s Office for Civil Rights (OCR) concluded its investigation of the Divisions and found that they violated Title IX by allowing students to occupy intimate facilities based on “gender identity,” not biological sex. OCR generously granted the Divisions’ request for an extension to reach a voluntary resolution with OCR, or agree to the government’s proposed Resolution Agreement, to resolve their Title IX violations, which the Divisions rejected last Friday. 

The “high-risk” designation in the federal grant system alerts all federal agencies of the entity’s failure to comply with the terms of their federal grant agreements. 

Title IX prohibits discrimination on the basis of sex in educational programs or activities receiving federal financial assistance.