Arlington Public Schools (APS) has appealed a decision by the U.S. District Court that dismissed its case on jurisdictional grounds, while affirming the legality of APS’s transgender student policy and its compliance with Title IX. The school district is seeking emergency relief from the Fourth Circuit to prevent the U.S. Department of Education (U.S. DOE) from freezing federal funds during ongoing litigation.
APS argues that without court intervention, it has no means to protect itself against what it calls the U.S. DOE’s “arbitrary and impulsive denial” of $23 million in federal funding. These funds support over 8,000 low-income students with free meals and provide counseling and educational assistance for special needs students.
According to APS, federal law allows courts to intervene when actions may cause harm, stating: “The District Court has the authority to decide this matter, since federal law allows courts to step in when harmful actions need to be stopped. The ‘high-risk’ designation is unlawful and will prevent our teachers, faculty, and staff from providing support for all 28,000 of our students.”
The school district maintains that filing the appeal is necessary to preserve essential funding and uphold its commitment both to legal compliance and serving vulnerable students. “Filing this appeal is the only way to preserve these essential funds and maintain both our commitment to following the law and to meeting the needs of some of our most vulnerable students,” APS stated.
More information about APS’s efforts can be found on their website: https://www.apsva.us/post/aps-fourth-circuit-appeal-action-public-statement/
