Sept. 22, 2025 - Statement from School Board Chair Dr. Michelle Rief and Superintendent Dr. Melanie Kay-Wyatt on Title IX

Dear Alexandria City Public Schools Employees and Families,

Alexandria City Public Schools (ACPS) has made the decision to ask the court to join the appeals recently filed by Arlington Public Schools and Fairfax County Public Schools in the U.S. Fourth Circuit Court of Appeals regarding the repeated threats of the United States Department of Education to deprive ACPS students of federal funds. Staff within the U.S. Department of Education have claimed that ACPS’ Nondiscrimination Policy violates Title IX of the Education Amendments of 1972 regarding the treatment of transgender students, though ACPS’ policy is based directly on legal precedent issued by the Fourth Circuit.  

While ACPS does not take the decision seeking to join litigation against the U.S. Department of Education lightly, this act is necessary because to comply with the demands of the U.S. Department of Education would expressly violate the law regarding treatment of transgender students as decided by the Fourth Circuit. Since ACPS does not want to expose the school division to litigation for violating Title IX, the U.S. Department of Education has given ACPS little choice but to move forward in this fashion.

Specifically, the U.S. Department of Education claims that ACPS’ policies, which allow students to use restrooms and locker rooms on the basis of their gender identity, violates Title IX because the case that ACPS and other school divisions rely on, Grimm v. Gloucester County School Board, has somehow been “abrogated” and that therefore, ACPS should change its policies.  But the U.S. Department of Education’s assertion is simply incorrect. Since that letter was sent to ACPS, the Fourth Circuit has again held that Grimm remains the law in the Commonwealth of Virginia.

Furthermore, ACPS will not stand idly by and allow the U.S. Department of Education to withhold funds from children in need. ACPS’ priority is to provide the children in the City of Alexandria a world-class education while upholding the law, and we will continue to do so here.

At ACPS, we know that decisions like these can stir many emotions and questions. Please know that we made this decision with deep care and a steadfast commitment to doing what is right for every child in our schools. Our priority is to ensure that every student feels safe, respected and supported so they can thrive. Please share any questions, thoughts or concerns you may have with us at ask@acps.k12.va.us. Together, we will continue to nurture, educate and inspire every student to ensure their success.

Dr. Michelle Rief    

Chair, Alexandria City School Board 

Dr. Melanie Kay-Wyatt

Superintendent, Alexandria City Public Schools