PRINCE WILLIAM COUNTY, Va. — Prince William William County Public Schools joins other public school divisions in Northern Virginia, and is rejecting the U.S. Department of Education’s directive to reverse policies that allow transgender students to use restrooms and locker rooms matching their chosen gender identity.
On Friday, August 15, 2025, Prince William County Public Schools (PWCS) formally rejected the federal agency’s proposed Voluntary Resolution Agreement (VRA), calling it legally flawed and out of step with binding case law in Virginia.
PWCS, in a letter authored by its legal counsel at McGuireWoods LLP, said complying with the Department’s demands would force the division to violate precedent established by the Fourth Circuit Court of Appeals in Grimm v. Gloucester County School Board. That 2020 decision found that denying transgender students access to facilities aligned with their gender identity constitutes unlawful sex-based discrimination under Title IX and the Equal Protection Clause of the U.S. Constitution.
“OCR’s interpretation of Title IX contradicts binding Fourth Circuit precedent,” the letter stated, “and existing law prohibits PWCS from agreeing to the Resolution Agreement as proposed.”
— McGuireWoods LLP on behalf of PWCS
Alexandria City Public Schools echoed that stance just hours before the federal response deadline, stating in a release from School Board Chair Dr. Michelle Rief and Superintendent Dr. Melanie Kay-Wyatt that the division “disagrees with the legal analysis in the Letter of Findings, and cannot agree to the VRA currently proposed by OCR.”
Arlington Public Schools (APS) also declined to change its policy, citing both Title IX and Virginia’s state-level protections under the Virginia Values Act. Earlier this week, the Loudoun County School Board voted 6–3 to uphold its current transgender facility access policy. Officials said the policy aligns with Grimm and should remain intact unless higher courts determine otherwise.
Fairfax County Public Schools is the only division among the five named in the federal findings that has not yet taken a public stance. A spokesperson for the division said the matter is still under legal review.
Why It Matters
The Office for Civil Rights (OCR) released its findings on July 25, 2025, stating that Prince William, Fairfax, Loudoun, Arlington, and Alexandria school divisions violated Title IX by allowing students to access facilities based on gender identity. The Department issued proposed agreements to each division and gave a 10-day deadline to respond or face potential enforcement action, including referral to the U.S. Department of Justice.
OCR contends that such policies created discomfort or distress for other students—particularly biological girls—and therefore failed to protect student safety and privacy.
The school divisions, however, argue that rescinding their existing policies would expose them to lawsuits and violate established judicial precedent in the Fourth Circuit, which governs Virginia.
The legal foundation behind several Northern Virginia school divisions’ refusal to alter their transgender-inclusive policies stems from the 2020 decision in Grimm v. Gloucester County School Board, issued by the U.S. Court of Appeals for the Fourth Circuit.
In that landmark ruling, the court found that a Virginia school board violated the constitutional and statutory rights of Gavin Grimm, a female who later identified as male, by denying him access to the boys’ restroom and by requiring him to use separate facilities.
The court concluded that the school’s actions constituted sex-based discrimination under Title IX and also violated the Equal Protection Clause of the Fourteenth Amendment. The ruling firmly established that policies restricting restroom access based on biological sex—when applied to transgender students—can amount to unlawful discrimination.
Because the Fourth Circuit includes Virginia, Maryland, North Carolina, South Carolina, and West Virginia, the decision is binding precedent for all public schools in these states. Citing Grimm, school systems like Prince William, Alexandria, Arlington, and Loudoun argue that the Department of Education’s current enforcement stance directly conflicts with this controlling case law, making compliance legally untenable unless and until the Supreme Court rules otherwise.
Political Fallout
The dispute has spilled into the 2025 Virginia governor’s race.
Lieutenant Governor Winsome Sears, now the Republican nominee for governor, posted Friday on X (formerly Twitter):
“Abigail Spanberger and the Democrat slate want boys in girls’ bathrooms and locker rooms, putting our daughters in danger. That’s why @JohnReid4VA, @JasonMiyaresVA, and I must win. For our little girls. For Virginia.”
Abigail Spanberger and the Democrat slate want boys in girls’ bathrooms and locker rooms, putting our daughters in danger.
That’s why @JohnReid4VA, @JasonMiyaresVA, and I must win. For our little girls. For Virginia. pic.twitter.com/kZoxz2XvZ9
— Winsome Earle-Sears (@winwithwinsome) August 13, 2025
Republicans, including Attorney General Jason Miyares and LG candidate John Reid, have aligned themselves with the OCR findings, framing the issue as a matter of parental rights and student safety.
Meanwhile, Democratic candidate for governor Abigail Spanberger, along with her running mates Ghazala Hashmi and Jay Jones, has been silent on the issue. Since the OCR’s findings were released in late July, none of the three has issued a public statement or posted on social media about the matter.
What’s Next?
The U.S. Supreme Court may ultimately decide the matter. In July, the Court agreed to hear two related cases—B.P.J. v. West Virginia and Little v. Hecox—that deal with whether Title IX and the Constitution permit states to restrict or mandate gender-based access in school athletics and facilities.
A ruling is expected in the first half of 2026. Until then, Virginia school divisions are expected to continue defending their policies while navigating a murky legal environment.
PWCS, ACPS, APS, and others have said they remain committed to complying with the law, maintaining inclusive environments, and protecting the rights of all students.
“We believe that thoughtful collaboration and legal clarity are essential to resolving this matter in a way that protects the rights and dignity of every student,” PWCS said in its public statement.
Photo by Sung Jin Cho on Unsplash
