US Education Department Investigates Into North Virginia Schools For Transgender Support Policies

The U.S. Education Department is currently investigating five school districts in Northern Virginia for potential violations of Title IX and a recent executive order issued by President Trump regarding transgender students. The investigation focuses on whether these districts have allowed transgender students to use their chosen name and pronouns, as well as access restrooms and locker rooms that align with their gender identity.

The Investigation Into Northern Virginia School Districts

On Wednesday, the Education Department’s Office for Civil Rights opened investigations into five school districts: Arlington, Alexandria, Fairfax, Loudoun, and Prince William County. This follows a request made earlier this month by the conservative organization America First Legal, which was founded by Stephen Miller, a former White House deputy chief of staff. The group alleges that these school districts are enforcing policies that support transgender students in a way that violates Title IX, the federal civil rights law that prohibits sex discrimination in educational settings.

Each of the school districts under investigation has policies that allow transgender students to access facilities, such as restrooms and locker rooms, that match their gender identity. Additionally, these policies require staff to address transgender students by their chosen name and pronouns.

America First Legal’s Complaint and Trump’s Executive Order

America First Legal claims that these policies conflict with a January 29 executive order issued by President Trump, which targets public schools promoting what his administration describes as “gender ideology.” The executive order includes a provision that prohibits schools from supporting students’ social gender transition. A social transition typically involves changing one’s name, pronouns, and clothing to reflect their gender identity, but does not involve medical intervention.

The group argues that the policies adopted by these school districts give greater rights to students whose gender identity does not align with their biological sex than to those whose gender identity does match their biological sex. America First Legal asserts that these policies essentially erase the concept of biological sex in favor of gender identity, and in doing so, they are violating the principle of non-discrimination based on sex.

School Districts’ Reactions

The Education Department has not yet provided a comment regarding the ongoing investigations. However, the school districts involved in the complaint are in predominantly liberal areas of Virginia, which were won by Vice President Kamala Harris in the 2024 election. These districts have previously resisted calls from Governor Glenn Youngkin’s administration to roll back protections for transgender students.

Youngkin’s Education Department introduced model policies in 2023 that would have limited transgender students’ access to facilities and sports teams based on their gender identity. These policies also included provisions that would allow students and teachers to misgender transgender students. The model policies sparked protests from students across the state, but they did not have an enforcement mechanism.

Prince William County Public Schools (PWCS) confirmed to The Hill on Monday that it has been notified of the investigation and will cooperate. A spokesperson from PWCS said, “PWCS will, of course, cooperate with the investigation. PWCS remains committed to providing a welcoming, nurturing learning environment where all of our students feel safe and supported mentally, physically, and emotionally.”

Loudoun County Public Schools also acknowledged the investigation and stated that it would respond according to the law. Representatives from Arlington, Alexandria, and Fairfax school districts did not immediately respond to requests for comment.

Broader Context of Investigations Into Transgender Policies

The Education Department’s investigation into these Virginia school districts is part of a broader trend of probes into public schools and athletic associations that support transgender students. In recent weeks, the department has opened an investigation into an all-gender bathroom at a Denver high school and has launched inquiries into two state athletic associations that defied Trump’s executive order banning transgender athletes from competing in girls’ and women’s sports.

Additionally, the Education Department is investigating another state sports association and two colleges over alleged violations of Title IX related to transgender athletes competing on women’s teams. These actions highlight ongoing debates over the rights of transgender students in educational institutions and the intersection of federal regulations with state-level policies.