Arlington Public Schools (APS) has filed a complaint in federal court seeking to overturn the U.S. Department of Education’s recent decision to designate the school division as a high-risk grantee, which resulted in the freezing of $23 million in federal funds.
According to APS officials, these funds are essential for providing services such as free breakfast and lunch to over 8,000 low-income students and counseling and educational supports for thousands of special needs students. The funding freeze follows concerns from the Department of Education regarding APS’s policies related to transgender students.
In a letter addressed to the APS community, Superintendent Dr. Francisco Durán and School Board Chair Bethany Zecher Sutton stated: “APS has a duty to our students, families and educators to defend the resources they deserve and the policies that protect students of all backgrounds. Today, we filed a complaint asking a federal court to direct the U.S. Department of Education to reverse its designation of Arlington Public Schools as ‘high-risk’ and ensure the federal funds remain available to APS students.”
The complaint argues that the Department’s actions violate Title IX, the Administrative Procedures Act, and the Spending Clause of the U.S. Constitution. The letter also asserts that APS’s transgender student policy aligns with both state and federal law, including compliance with Virginia Values Act provisions, and is supported by recent court decisions affirming protections for transgender students.
“APS is being asked to violate both state and federal law, and that’s unacceptable. Withholding approximately $23 million in federal funding—primarily used to provide over 8,000 low-income students with free breakfast and lunch and thousands of special needs students with counseling and educational supports— rips away the tools and resources that our community relies on for student success and wellbeing,” wrote Dr. Durán and Sutton.
At a recent Arlington School Board meeting, parents, students, and community members voiced support for transgender student protections within APS policies. The administration said these comments continue to guide their commitment “to honoring our community’s values and preserving our responsibility to provide high-quality public education for all Arlington students.” One speaker noted how APS has demonstrated it is “a place where they are valued and welcome.”
Given what officials describe as an urgent situation causing irreparable harm for some families, APS expects swift action from a judge on their request for relief so that access to federal funding can be preserved during ongoing legal proceedings.
“As always,” Dr. Durán concluded in his message alongside Sutton, “APS is committed to ensuring all students can learn in an inclusive environment free from all forms of discrimination.”
