America First Liberty (AFL) asked the U.S. Department of Education’s Office for Civil Rights (OCR) to investigate five school districts in Northern Virginia in February.
AFL alleged that the Alexandria City, Arlington County, Fairfax County, Loudoun County, and Prince William County school districts violated Title IX by discriminating against individuals on the basis of sex.
The school districts allow boys to use girls’ restrooms and locker rooms, in violation of federal law and President Donald Trump’s executive order. The OCR opened an investigation.
AFL sent a letter to the OCR last week citing Mahmoud v. Taylor (2025), in which the U.S. Supreme Court sided with parents in Montgomery County, Maryland, who sued to opt their children out of homosexual indoctrination and require prior notice of any such instruction.
The OCR has concluded the investigation, which found that all five of the Northern Virginia school districts violated Title IX by forcing so-called transgender policies on students. From AFL (emphasis added):
With this action, the school districts now have 10 days to voluntarily comply with the law by rescinding policies based on “gender identity” and clarifying that policies related to intimate spaces, such as bathrooms and locker rooms, must be separated based on sex. If the districts fail to do this, they could face further enforcement actions, including, but not limited to, referral to the U.S. Department of Justice and loss of federal funding.
Governor Glenn Youngkin of Virginia has to contend with a legislature dominated by Democrats who support violating girls’ privacy and undermining their safety.
“These school divisions have been violating federal law, deliberately neglecting their responsibility to protect students’ safety, privacy and dignity, and ignoring parents’ rights,” Gov. Youngkin said in a statement. They got away with this behavior because the Biden Administration backed them up.”
The OCR has proposed that the five school districts rescind their “transgender” policies, inform individual schools that they must comply with federal civil rights laws, and adopt definitions of “male” and “female” that comply with the law.
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