The US Department of Education has placed five Northern Virginia school districts on high-risk status and moved them to reimbursement-only payment for federal funds, following their refusal to comply with Title IX requirements. Alexandria City Public Schools, Arlington Public Schools, Fairfax County Public Schools, Loudoun County Public Schools, and Prince William County Public Schools are now subject to heightened federal scrutiny.The decision follows the districts’ rejection of a Resolution Agreement intended to address their Title IX violations. These violations stem from policies allowing students to use intimate facilities based on gender identity rather than biological sex, which the Department has ruled as non-compliant with federal law.High-risk designation and funding restrictions imposedThe Department’s action includes classifying all five divisions as “high-risk” under the federal grant system. As a result, the districts will no longer receive federal funds through the standard payment method. Instead, they must now spend their own money first and request reimbursement from the Department for approved expenses. The affected funds include formula funding, discretionary grants, and impact aid grants, amounting to more than $50 million.The “high-risk” status signals to all federal agencies that the school divisions have failed to meet the terms of their federal grant agreements. This designation is typically reserved for grantees that are not in compliance with federal regulations or requirements tied to the use of public funds.Violations based on gender identity policiesThe Department’s Office for Civil Rights (OCR) completed its investigation into the five divisions on July 25. It found that the schools were in violation of Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in educational programmes or activities receiving federal financial assistance.The violations were tied to policies that allow students to use restrooms and other intimate facilities according to their gender identity. The OCR offered the divisions an opportunity to voluntarily resolve the violations through a Resolution Agreement. Following a granted extension, the divisions declined to sign the agreement by the deadline on August 15.Federal response and next stepsDue to the districts’ refusal to bring their policies in line with Title IX, the Department has now begun administrative proceedings that may result in the suspension or termination of federal financial assistance to the divisions. These proceedings aim to enforce compliance with federal law and ensure that public funds are used according to legal standards.According to the Department, placing the divisions on reimbursement status is intended to ensure that every federal dollar spent is in alignment with legal obligations under Title IX.TOI Education is on WhatsApp now. Follow us here.
