Staff Reports
The Fourth Circuit just gave two Virginia school boards a second shot at fighting the Biden administration’s Education Department over transgender bathroom policies. In a 2–1 decision, the appeals court wiped away the lower court’s dismissal and sent the cases back for more work. That means the real fight over Title IX, funding rules, and local school control is far from over.
What the Fourth Circuit decided
The appeals court said the Fairfax County and Arlington school boards were not simply asking for grant money. Circuit Judge Allison Rushing wrote the majority opinion, joined by Chief Judge Albert Diaz, holding that the school districts also challenge how the Department of Education interprets and enforces Title IX. That makes their claims the kind that belong in federal district court under the Administrative Procedure Act, not only in the Court of Federal Claims. Circuit Judge Julius Richardson disagreed in a sharp dissent, saying the schools really wanted their old grant-payment setup back. But for now the panel’s ruling wins the day and remands the cases to the district court.
High stakes: funding, Title IX, and federal overreach
The Department of Education’s Office for Civil Rights told the districts their policies violated Title IX. When the districts refused to change the rules, the Department slapped them with a “high‑risk” label and shifted federal payments to a reimbursement-only system. That move can choke badly needed cash for schools. This is not just a paper fight over money; it’s a fight over who gets to set school policy — local school boards or federal bureaucrats and their one-size-fits-all interpretations. Conservatives should welcome a court stepping in to sort jurisdiction and push back on bureaucratic muscle-flexing.
What happens next
The Fourth Circuit did not decide whether the school policies comply with Title IX. It only cleared the way for the district court to consider the districts’ non-contract claims on the merits. That means more filings, more hearings, and probably more appeals. Secretary of Education Linda McMahon and OCR keep their enforcement tools for now, but this ruling opens the door for Fairfax and Arlington to press their arguments in a federal district court. If the district court rules again, expect another round up the ladder — this is likely a multi-year legal saga.
Bottom line: local control gets another day in court
This decision matters because it keeps the legal fight alive and forces a court to examine whether the Education Department overstepped. It does not hand either side a final win. It does, however, push back on easy dismissals that would let agencies decide big local questions without a real judicial hearing. For parents, taxpayers, and school leaders who want clearer rules and more local say, that’s a win worth watching. Lawyers love a rerun; voters should watch who’s writing the script.
