LCPS transgender bathroom policy remains obstinate against federal government

By Grace Bennett

On August 12, the Loudoun County School Board assembled to discuss its noncompliance with the U.S. Department of Education Office for Civil Rights in order to determine its next steps. The result was a loss of over $50 million in federal funding.

According to Policy 8040, the generalized policy addressing the rights of transgender and gender-expansive students, “Students shall be allowed to use the facility that corresponds to their consistently asserted gender identity. While some transgender students will want that access, others may want alternatives that afford more privacy. Taking into account existing school facilities, administrators should take steps to designate gender-inclusive or single-user restrooms commensurate with the size of the school.”

But these bathroom and locker room policies do not sit well with all LCPS parents—or the federal government’s law.

Public information officer Dan Adams explained, “The OCR recently determined that such policies conflict with its interpretation of Title IX, creating a direct tension between federal agency guidance and binding judicial authority. As a result, they asked LCPS to sign a proposed resolution agreement. After consultation with the legal counsel, the Board voted 6-3 not to comply with this request due to the tension between the OCR position and current law.”

The result of the continued disagreement bore risks for Loudoun County’s public schools. Deana Griffiths, a member of the School Board for the Ashburn District, commented that “another $50 million in federal funding is now at risk—all to fight over bathroom and locker room access for 0.01% of our more than 80,000 students.”

She has called out LCPS’s decision as “fiscally irresponsible” in the face of $30 million currently owed in federal funding and a decline of academic scores.

Parents and teachers of LCPS took sides on the debate during the meeting. With 78 speakers signed up to present, the audience assembled to total over 75 in the crowd supporting Policy 8040 and around 20 protesting.

An eighth-grade science teacher who had taught at LCPS for 10 years stepped up to the podium. “I’m speaking to you as an out-and-proud transgender man advocating for the rights of my community,” he said. “Policy 8040 is absolutely crucial to safeguarding the wellbeing of Loudoun’s transgender students … Respecting and using the student’s chosen names and pronouns and allowing them to use the bathroom they identify with costs nothing, and yet it means everything.”

“There’s no moral high ground for teachers or parents who dehumanize our students,” agreed speaker Brenda Bengtson. “Courage is contagious. Please fight for our LGBT students, privacy, and 8040.”

Speaker Candice Tuck added, “These are children. They’re not idealogues. They’re not indoctrination. They’re trying to live a life—a life that, if any of us were given that chance to be our authentic selves, it would only make us better, stronger, and happier. This policy is not about ideology or politics. It’s about protecting children. I know a little boy that started Kindergarten as a boy. He should finish his school without being thrown into dangerous situations. Please protect these kids.”

A recently retired teacher shared a differing opinion. “Americans, both liberal and conservative, are waking up to the harms of transgender ideology,” she said. “I recognize you are trying to do the right thing, but they have structured their thinking and decision-making to align with the oppressor-or-oppressed paradigm … With this mindset, you feel justified by telling other people to keep their mouth shut, quash their feelings, and be willing to change their clothes in a locker room next to a student they know is the opposite sex. That is profound oppression.”

“Your ideology will not allow you to end Policy 8040 or DEI,” said speaker Matt Malone. “The only trans policy you don’tpromote is transparency … You have oppressed the students and denied parents their rights.”

Delegate Geary Higgins contributed to the discussion with his own perspective. “Children have the right to their privacy and safety, and parents have the right to know what’s going on with their children,” he said. 

“Further, as a taxpayer, I’m absolutely amazed that you could actively walk away from as much as 100 million federal dollars rather than comply with these policies … [This is] a decision to insist on the most radical of social agendas at the direct expense of the taxpayers.”

Jessica Smith, another parent speaking against the policy, said, “The LCPS commitment to every student is a feel-good statement which is far from the truth. It states, and I quote, ‘LCPS is a place of trust and belonging. No child should feel unsafe at school. No family should fear sending their child to learn. Our responsibility is to educate and support every student to the fullest extent possible, and we take that seriously. At the core of LCPS is a belief in the dignity and worth of every person.’”

She went on to say, “The only way to come close to meeting this statement is to abolish Policy 8040 and comply with Title IX. You’re in violation. You’ve been in violation since my daughter’s rape at Stonebridge, May 28, 2021.”

LCPS’s noncompliance with Title IX is yet a highly debated topic due to its safety and identity implications. While the Board voted to keep supporting Policy 8040, Dan Adams reported, “We will continue to monitor developments closely to ensure continued legal compliance and the protection of all students.”

But the legal compliance in question soon experienced backlash. On August 19, the U.S. Department of Education placed five Northern Virginia school districts on high-risk and reimbursement payment status, according to a recent press release. The schools’ violation of Title IX did not go unrecognized.

Affected districts include Alexandria City, Arlington, Fairfax County, Loudoun County, and Prince William County. 

“The Divisions will now be required to pay their education expenses up front and then request reimbursement for expenditures to access funds obligated by the Department,” the press release stated. The title of “high-risk” is used as an indicator that the Divisions have not upheld the conditions of their federal grant agreements.

“The Northern Virginia School Divisions that are choosing to abide by woke gender ideology in place of federal law,” warned U.S. Secretary of Education Linda McMahon, “must now prove they are using every single federal dollar for a legal purpose.”

LCPS continues to debate safety, compliance, and acceptance in regard to school bathroom and locker room policies. A lack of federal funding is just one factor of many to consider.

“Our priority remains the same,” said Adams. “Doing what is right for Loudoun County’s young people; focusing on educating our students and ensuring our schools are places where every child feels like they belong.”