Attorney General Jason Miyares has filed two amicus briefs in the U.S. Court of Appeals for the Fourth Circuit, challenging efforts by Fairfax County Public Schools (FCPS) and Arlington Public Schools (APS) to prevent the U.S. Department of Education from enforcing federal protections for women in school bathrooms, locker rooms, and changing areas.
According to the Attorney General’s office, both FCPS and APS currently allow students to use restrooms and locker rooms based on expressed gender identity rather than biological sex. The Department of Education responded by placing these districts on “high-risk” status regarding their federal funding. This designation does not result in an immediate loss of federal funds but requires FCPS and APS to seek reimbursement for payments instead of receiving money up front. Other Northern Virginia school systems with similar designations have confirmed that resources are not stripped under this status.
The briefs submitted by Miyares ask the Fourth Circuit to reject the emergency requests from Fairfax and Arlington counties for injunctions and support the Department of Education’s authority to enforce Title IX.
“
