The Defense of Freedom Institute (DFI) has filed a federal civil rights complaint against Fairfax County Public Schools (FCPS). The complaint alleges that a boy was repeatedly allowed access to the girls’ locker room at West Springfield High School, where he reportedly watched female students undress for physical education classes.
According to the DFI press release, despite objections from both students and parents, school administrators did not remove the boy. Instead, they offered female students the option of using a single-occupancy unisex bathroom. The filing argues this action demonstrates deliberate indifference to harassment under Title IX because it allegedly fails to protect girls’ privacy and equal access.
In an August 15, 2025 message, FCPS Superintendent Dr. Michelle C. Reid acknowledged that the U.S. Department of Education’s Office for Civil Rights (OCR) had indicated that the district’s gender identity policies might violate Title IX. Reid said that FCPS was given ten days to revise its policy or face penalties. She also mentioned that FCPS requested a 90-day extension, which was denied, and submitted arguments claiming their existing policies are consistent with state and federal law.
According to Fairfax County Public Schools, the OCR warned that failure to revise gender identity policies could result in losing federal funding. In its public update on August 15, 2025, FCPS argued that the ten-day deadline set by the Department was unreasonable and unfair. Despite this challenge, the district plans to continue enforcing its current policies while providing reasonable accommodations for student privacy.
Fairfax County Public Schools serves nearly 183,000 students across 199 schools and centers, making it one of the largest school divisions in the United States. The district is characterized by significant diversity with students speaking over 200 languages and varying racial demographics. It employs over 40,000 staff members and operates on a $3.7 billion budget with a strategic plan focused on equity and excellence through 2030.
