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Loudoun Co. schools vote to keep bathroom, locker room gender policy despite Education Dept. finding

The Loudoun County School Board voted not to comply with a request from the U.S. Department of Education to sign a resolution agreement to change the Virginia school system’s policy allowing transgender students to use facilities that match their gender identity instead of their biological sex.

In a joint statement from board Chair Melinda Mansfield and Loudoun County Public Schools Superintendent Aaron Spence, they said the school board remains committed to “complying with applicable law and to protecting the rights of all students.”

They added that the Education Department said the school system’s policy to allow students to use the bathroom of their choice is in conflict with Title IX, “creating a direct tension between federal agency guidance and binding judicial authority.”

In July, the DOE’s Office for Civil Rights found that Loudoun County schools, as well as Fairfax, Arlington and Prince William counties, as well as the City of Alexandria, were not abiding by Title IX provisions.

The department asked the school systems to sign a proposed resolution agreement, but the Loudoun County school board voted 6-3 Tuesday not to comply.

Virginia Gov. Glenn Youngkin, in announcing the Education Department’s findings in July, claimed female students have witnessed male students “inappropriately touching other students and watching female students change in a female locker room.”

Youngkin blamed former President Joe Biden’s administration for being overly lenient with national school standards.

He also cited Title IX violations in Loudoun County, saying school officials reprimanded boys who complained that a biological girl was allowed in the boys locker room.

The Prince William County School Board met last week with legal counsel behind closed doors regarding the proposed resolution agreement. The board gave no indication about further action but said in a statement that the school system “remains firmly committed to fostering a safe, inclusive, and respectful learning environment for all students and staff.”

The five Northern Virginia school districts have until Friday to respond to the Education Department’s request.

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