The Department of Education (DOE) has pressured Loudoun County Public Schools (LCPS) along with four other school divisions to comply with a resolution to resolve alleged violations of Title IX, which specifically has to do with policy 8040. The DOE declared LCPS “high risk” and has threatened to cut federal funding to LCPS for their non-compliance. The School Board took a vote on whether or not LCPS needs to comply with the DOE’s demands, with the majority of the board (5-4) voting in favor of maintaining the current policy.
The policy in question encompasses the rights of transgender gender-expansive students within the LCPS community. The DOE argued that policy 8040 is in violation of Title IX and inhibits the rights of other students by letting transgender students use bathrooms and locker rooms of their consistent gender identity. Assistant Secretary for Civil Rights, Craig Trainer, stated in a press release that Loudoun County’s policy “compromises safety, and infringes upon the dignity and privacy interests to which students are entitled.”
The validity of this claim is put under heavy scrutiny given the legal precedent that has been set regarding policy 8040. The decision in Grimm v. Gloucester establishes that transgender students are well within their rights to use the bathroom of their consistent gender identity. “That is what the law says, plain and simple. There’s really very little room for interpreting that law because it’s written so clearly,” Superintendent Dr. Aaron Spence said. The DOE did not discuss this case in their press release.
It’s difficult to speculate whether or not students could face adverse effects due to the DOE’s threats. According to Dr. Spence, it’s likely that this case will be settled by the courts. The possible outcome is either they decide that LCPS is indeed following the law, or the case is kicked and sent to the Supreme Court for a final decision.
The rights of transgender students have become a very politicized talking point, primarily in regards to bathrooms and locker rooms. “We shouldn’t politicize young people. We should stop making [students apart] of a political agenda.” Dr. Spence explained. “I think our students deserve better than that and I think our community deserves better than that.” Dr. Spence said.
DHS Press reached out to LCPS School Board Members Lauren Shernoff, Deana Griffiths, Kari Labell, Arben Istrefi, Anne Donohue, and April Chandler for comment. April Chandler, Deana Griffiths, and Anne Donohue declined to comment on the matter. Other members of the board did not respond back.
