The Education Department withheld federal funding from Fairfax County Public Schools, as pressure continues to build for the school district and several Northern Virginia school systems to amend their gender policy over the use of restrooms and locker rooms or risk losing federal funding. The school division had submitted a reimbursement request for a small amount, and that request has been denied, a person familiar with the situation but not authorized to speak publicly told WTOP. It’s unclear how much has been withheld and which programs will be affected. The action is the latest in the back-and-forth between the school division and the federal agency over the county’s policy for intimate facilities, such as bathrooms. Fairfax County and four other Virginia school systems said their bathroom policies are in compliance with federal law. However, the Education Department said policies that allow students to use the bathroom based on gender identity, rather than biological sex, violate Title IX.
PSA: New York City, Chicago, and Fairfax schools are willing to sacrifice federal education dollars to keep boys in girls’ sports and private spaces and illegal DEI in the classroom. https://t.co/5MPCxVURSq
— Secretary Linda McMahon (@EDSecMcMahon) September 25, 2025
Education Department spokesperson Julie Hartman told The Associated Press, “The Department will not rubber-stamp civil rights compliance for New York, Chicago, and Fairfax while they blatantly discriminate against students based on race and sex.” Fairfax County schools will lose $3.4 million in Magnet School Assistance Program funding next fiscal year, which starts Oct. 1. An Education Department spokesperson said no funds have been withheld from the MSAP, but “the Office for Civil Rights cannot certify that Fairfax County Schools are in compliance with civil rights laws, so it cannot continue receiving the MSAP grant moving forward. The grant will expire on 9/30 and they will not be getting another MSAP grant.” Fairfax County filed a lawsuit to prevent funding from being frozen, but a federal judge declined to rule, citing a lack of jurisdiction. Since then, the division has filed an appeal and an emergency motion for injunction pending appeal. Fairfax County schools Superintendent Michelle Reid previously told WTOP the division could lose up to $167 million in federal funding, which supports students with disabilities and those who receive free school meals. School leaders in Arlington, Prince William County and the City of Alexandria have expressed similar concerns.