(The Center Square) – A new federal complaint alleges Fairfax County Public Schools violated Title IX by permitting a biological male student who identifies as female to enter the girls’ locker room at West Springfield High School.
The Defense of Freedom Institute filed the complaint Sept. 24 with the U.S. Department of Education’s Office for Civil Rights on behalf of a West Springfield High School freshman’s family.
It alleges the district failed to act after parents reported that the male student, who identifies as female, was seen multiple times in the girls’ locker room during September while female students were changing for physical education class.
Fairfax is Virginia’s largest school district and receives significant federal funding each year.
In a statement to The Center Square, Fairfax County Public Schools said staff are “aware of the situation and have been addressing the concerns by working with the students and their families.”
The district added that because the matter involves students, “we are not able to comment further.”
Last week, FCPS Superintendent Michelle Reid told families the district had appealed a federal ruling on bathroom and locker room policies and warned that the loss of up to $167 million in federal funds could harm food services, special education and other programs. She said the district remains committed to supporting all students, “including our transgender and gender-expansive community.”
Gov. Glenn Youngkin weighed in on his personal X account, calling Fairfax’s rules “radical gender policies” that “are hurting real children in Fairfax County schools every day.”
He said his administration is working with the U.S. Department of Education to reverse such policies and tied the issue to the November elections, arguing that Lt. Gov. Winsome Earle-Sears would support parents while Democratic candidate Abigail Spanberger would oppose them.
As of publication, the U.S. Department of Education’s Office for Civil Rights did not confirm whether it has received or opened an investigation into the complaint.
The Defense of Freedom Institute, which filed the complaint, shared a statement from Megan Smarz, the parent on whose behalf the filing was made. Smarz said she was “shocked” West Springfield High “not only allowed a boy in the girls’ locker room, but then also ignored the girls’ discomfort and complaints from parents.” She added, “My first duty as a parent is to keep my children safe, and that is my biggest concern and why I asked to file a complaint with the Federal Department of Education.”
The filing comes as Virginia’s statewide races enter their final weeks, with bathroom and locker room policies already emerging as a campaign issue.
