The Office of Civil Rights of the Department of Education has informed five Northern Virginia school districts that their transgender policies violate Title IX of the Education Amendments of 1972. It has demanded the adoption of new rules to protect girls sports and private spaces from intrusion by biological males. As an interim measure, OCR has placed the districts on a “reimbursement only” status for federal funding.

The school systems claim they are in full compliance with the law. Two of them (Fairfax and Arlington counties) filed suit last Friday, challenging OCR’s restriction of up-front outlays of federal funds. The district’s defense is based largely on decisions by three-judge panels of the U.S. Court of Appeals for the Fourth Circuit (which includes Virginia).