On October 15, 2026, the 4th U.S. Circuit Court of Appeals ruled 2-1 to revive lawsuits by Fairfax and Arlington county school boards against the U.S. Department of Education. The federal appellate court overturned a lower judge's jurisdictional dismissal, allowing the Virginia school districts to challenge federal funding restrictions imposed after officials found their transgender bathroom access policies violated Title IX.
4Th Circuit ruling reviving district lawsuits
- ▪On October 15, 2026, the 4th U.S. Circuit Court of Appeals ruled 2-1 to revive lawsuits by Fairfax County and Arlington County school boards against the U.S. Department of Education.
- ▪U.S. Circuit Judge Allison Jones Rushing, joined by Judge Albert Diaz, authored the 4th Circuit majority opinion, while Judge Julius Richardson dissented.
- ▪The 4th U.S. Circuit Court of Appeals reversed District Judge Rossie Alston's dismissal, ruling that the Virginia school boards' claims were not strictly contractual and belonged in federal district court.
Virginia school district transgender policies
- ▪Fairfax County and Arlington County school boards maintained policies allowing transgender students to use restrooms, locker rooms, and accommodations corresponding to their gender identity.
- ▪Fairfax County policies allow biological boys who identify as girls to be housed with girls during overnight school trips.
Department of Education actions against Virginia districts
- ▪Education Secretary Linda McMahon stated that Northern Virginia school divisions using woke gender ideology must prove every federal dollar is used for a legal purpose.
- ▪The U.S. Department of Education placed Fairfax and Arlington school districts on high-risk status, requiring federal grant funds to be distributed via reimbursement rather than in advance.
- ▪In 2025, the U.S. Department of Education's Office for Civil Rights determined that Fairfax and Arlington transgender student policies violated Title IX of the Education Amendments of 1972.
Federal actions on transgender student policies
- ▪The Trump administration established an official government policy defining male and female as the only two immutable sexes.
- ▪In September 2026, the Trump administration filed a lawsuit to block public schools in Kansas City, Kansas, from facilitating gender transitions for transgender students.
- ▪In July 2026, the U.S. Department of Education threatened to cut funding to schools in at least three states over policies prohibiting the disclosure of students' transgender status to parents.
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