Virginia Attorney General Takes Action Against School Districts for Title IX Violations
In a bold move, Virginia Attorney General Jason Miyares is pushing for accountability against school districts in northern Virginia that have been allowing biological males to use female restrooms and locker rooms. This decision comes as a response to the policies of Fairfax County Public Schools (FCPS) and Arlington County Public Schools (APS), which permit students to access private spaces based on their gender identity rather than their biological sex.
Miyares and the Department of Education view these practices as violations of Title IX, a federal law that prohibits discrimination in educational institutions. As a result, FCPS and APS have been placed on “high-risk” status for their federal funding. This means that while they haven’t lost their funding entirely, they are no longer automatically eligible for government money and must apply for cost reimbursements.
The school districts have taken legal action by filing emergency requests for an injunction to receive funds upfront. However, Miyares has filed two amicus briefs in the U.S. Court of Appeals for the 4th Circuit to block these attempts. His goal is to ensure that the Department of Education can enforce consequences for any violations of Title IX.
Specific Cases Highlight the Controversy
Two specific incidents led to the filing of these briefs. In Fairfax County, a male student was allowed into the girls’ locker room at West Springfield High School, where he watched girls change clothes before a physical education class. When the girl complained, the teacher did nothing because the boy identified as female. A complaint was filed by the Defense of Freedom Institute on behalf of a mother and her daughter who want their school to follow the law and protect girls’ rights by separating the school locker room by biological sex.
Miyares expressed his frustration during an interview with the Washington Examiner, stating, “This is Exhibit A of what I’ve said before, of people being so open-minded their brain falls out.” He emphasized that it’s shocking that such a debate is even happening.
In Arlington County, a repeat sex offender named Cox was able to enter the female locker room at Washington-Liberty High School by claiming to be transgender. Cox is currently in jail and facing over 30 charges, including indecent liberties with a child and indecent exposure. During his last court appearance, an Arlington detective testified that Cox had saved children’s swim class schedules and had child pornography on his phone.
Miyares highlighted the severity of the situation, saying, “It is clear, given his past conduct and that he sought children out in a very deliberate, systematic manner for sexual gratification.”
Changes in Policy and Response from School Officials
Washington-Liberty has an aquatic center with a pool and locker rooms available to the public. Cox would undress completely and walk around the small locker room for hours. He was arrested when he was caught fully naked in the shower stall with the curtain open, performing a lewd act in front of a 5-year-old girl.
Arlington Public Schools Superintendent Dr. Francisco Durán responded to questions about potential policy changes following the Cox incident. He stated that additional signage was added in the aquatic centers, and guidance was provided to patrons about facility usage. Additionally, a 100% ID check against the sex offender database is now required before entering any APS pool.
Durán also mentioned that each pool now has a school safety coordinator to manage and monitor pool safety and security. On weekends, outside security vendors are contracted for coverage.
When pressed on whether men will still be allowed in the female locker room, Durán responded, “APS permits individuals to use locker rooms that correspond to their gender identity.”
Ongoing Legal Proceedings
Cox, who identifies as a woman, repeatedly requested that the judge make the prosecutor use female pronouns. The judge declined. Cox’s next court date is scheduled for October 3 in the Arlington County Courthouse.
Adrian Perry, director of victim services with the Virginia Attorney General’s Office, told the Washington Examiner that she believes Cox will elect to represent himself to intimidate witnesses.
These ongoing legal proceedings highlight the broader debate surrounding the enforcement of Title IX and the protection of students in educational institutions. The actions taken by the Virginia Attorney General and the responses from school officials underscore the complexity of this issue and the need for clear guidelines to ensure the safety and well-being of all students.