The Department of Education accused three of the nation’s largest school districts of breaking federal law by allowing diversity, equity and inclusion in classrooms, along with letting transgender girls participate in girls sports. The districts face the loss of more than $65 million in federal funding — a move that could significantly impact their programs and resources.
Secretary Linda McMahon announced the decision Thursday on X, sharing letters the Department of Education sent Sept. 16 to Chicago Public Schools, Fairfax County, Virginia, Public Schools and New York City Public Schools.
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Potential losses for each district
If the districts do not comply with the Department of Education’s directives, Fairfax County stands to lose $13.7 million in grants, New York City would forfeit $36 million and Chicago would not receive $17.5 million.
The DOE says it is stepping in to ensure that programs funded with taxpayer dollars do not disadvantage students based on race or sex.
The Chicago Teachers Union said the issue is about more than federal funding.
“It’s about whether Chicago will be punished for daring to center equity and justice in our schools,” the union said. “CTU stands with CPS and the Board of Education because Black students and transgender students deserve schools where they belong, are protected and can thrive.”
The letter from the DOE said the districts’ policies “clearly” violate federal law and that the department will not certify their compliance with the Magnet Schools Assistance Program. McMahon said the districts were given three days to meet federal civil rights requirements and implement measures to address the alleged violations.
“The Department will not rubber-stamp civil rights compliance for New York, Chicago and Fairfax while they blatantly discriminate against students based on race and sex,” department spokesperson Julie Hartman told NBC News. “These are public schools, funded by hardworking American families, and parents have every right to expect an excellent education — not ideological indoctrination masquerading as ‘inclusive’ policy.’”
Alleged violations by the districts
In its letter to Chicago Public Schools, the DOE’s Office for Civil Rights flagged the district’s Black Student Success Plan. The letter said the program appears to provide academic resources only to Black students, even though officials acknowledge that students of all races face academic challenges. The OCR also raised concerns about other programs that they said could limit opportunities based on race.
The department expressed similar concerns about policies concerning transgender and gender nonconforming students. Students in CPS are allowed to use facilities that align with their gender identity and participate in sports corresponding to that identity. OCR said the policy does not address the safety of female students and disadvantages those who may compete against transgender athletes — which it called a potential Title IX violation.
New York City schools face comparable scrutiny. DOE said policies allowing transgender students to use facilities and compete in sports aligned with their gender identity may fail to protect the rights of female students.
NYC schools were directed to issue public statements confirming that males will not participate in female athletic programs. District officials warned that losing funding could lead to cuts in after-school programs, summer learning and enrichment opportunities affecting roughly 8,500 students.
“If the federal government pulls this funding, that means canceled courses and shrinking enrichment,” New York City Public Schools said. “That’s a consequence our city can’t afford and our students don’t deserve.”
Fairfax County Public Schools received similar warnings regarding transgender students’ access to facilities and participation in girls’ sports. The DOE said the district’s policies may violate Title IX if they fail to protect female students’ rights.
Fairfax has not publicly responded to requests for comment, though the DOE included them in the directive to adopt “biology-based definitions of male and female” for Title IX purposes.
