September 25, 2025 - Attorney General Miyares Files Briefs Defending Student Safety in Fairfax and Arlington Counties

Attorney General Miyares Files Briefs Defending Student Safety in Fairfax and Arlington Counties

RICHMOND, Va. - Attorney General Jason Miyares today filed two amicus briefs in the U.S. Court of Appeals for the Fourth Circuit, opposing attempts by Fairfax County Public Schools (FCPS) and Arlington Public Schools (APS) to block the U.S. Department of Education from enforcing federal protections for women in school bathrooms, locker rooms, and changing areas.

Both FCPS and APS allow students to use restrooms and locker rooms based solely on expressed gender identity, regardless of biological sex, in violation of Title IX. In response to the schools' refusal to adhere to foundational civil rights law, the U.S. Department of Education placed FCPS and APS on "high-risk" status for their federal funding. Despite the Counties' claims, this does not mean that the schools have lost federal funding. The "high-risk" designation does not strip the district of resources, as other Northern Virginia school systems under similar status have confirmed. It merely means that FCPS and APS must seek reimbursement of payments, rather than receiving federal money up front.

"The policies in Fairfax and Arlington allowing students to use restrooms and locker rooms based on subjective gender identity instead of biological sex are unlawful, unsafe, and indefensible. The Fourth Circuit should deny the schools' attempt to rewrite the law through litigation," said Attorney General Jason Miyares.

The briefs urge the Fourth Circuit to deny the Counties' emergency requests for injunctions and affirm the Department of Education's authority to enforce Title IX.

Read the briefs here and here.

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