America First Legal (AFL) has filed a federal lawsuit against Fairfax County Public Schools (FCPS) in Virginia, alleging that a district policy violates parents' constitutional rights by allowing school staff to withhold information about a student's gender transition from their parents.
The lawsuit, filed Monday, specifically targets FCPS Regulation 2603.3, which AFL claims "directs school staff to support and facilitate a student’s social ‘gender transition’ at school without notifying parents or obtaining their consent." According to the suit, the policy also mandates that school staff use a student's preferred pronouns and name, allow access to sex-segregated facilities based on a student's self-identified gender identity, and permit participation in gendered activities aligned with that identity.
AFL asserts that FCPS does not inform parents about students experiencing gender confusion and does not provide an avenue for parents to reject school-sponsored "support plans." The organization argues these policies infringe upon the U.S. and Virginia constitutions, which protect parental rights to direct their children's upbringing and education. The suit contends that school employees are overstepping their authority by facilitating a student's gender transition without parental knowledge or consent.
This legal action follows a demand letter sent by America First Legal on May 1, which called for FCPS to remove or suspend the policies and implement a parental notification and exemption mechanism by May 18.
"FCPS was given an opportunity to correct its anti-parent policies," Ian Prior, senior counsel at America First Legal, stated. "It failed to do so and will now face the consequences. AFL will continue defending parental rights from woke school districts until each and every one complies with the law."
In a statement to Fox News Digital, an FCPS spokesperson said, "At FCPS, every student and staff member deserves to feel safe, respected, and supported. We are committed to creating an inclusive environment for all members of our school community, including our transgender and gender-expansive students and staff." The spokesperson added, "By working together with families, we strive to ensure every FCPS student feels a sense of belonging and has access to the world-class education we provide. FCPS continues to follow all state and federal laws and will respond through the appropriate legal process after completing its review of the complaint."
America First Legal has cited previous legal victories in similar cases. The organization noted a preliminary injunction secured in California blocking enforcement of parts of a law prohibiting schools from disclosing information about a child's sexual orientation or gender identity to parents without the child's consent. AFL also referenced a Third Circuit ruling that allowed a mother's constitutional claims to proceed against a Pennsylvania school district for allegedly providing "gender transition teams" to students without parental notification.