New York City, Chicago, and Fairfax County in Virginia are set to lose over $24 million in federal funding for magnet schools in the upcoming fiscal year due to non-compliance with a deadline set by the Trump administration concerning possible civil rights violations.
Acting Assistant Secretary for Civil Rights at the Education Department, Craig Trainor, had reached out last week to New York City Public Schools Chairperson Gregory Faulkner, Chicago Board of Education President Sean Harden, and Fairfax County Public Schools Superintendent Michelle Reid, warning them that their districts needed to comply with federal laws by Tuesday, or else the Trump administration would not endorse their substantial Magnet School Assistance Program (MSAP) funding.
With the deadline missed, Trainor confirmed he cannot certify that the districts comply with civil rights law as required for MSAP funding, making them ineligible for that assistance in the next fiscal year, which starts on October 1, according to reports from The Post.
Funding amounts affected include about $3.4 million for Fairfax County Public Schools, approximately $15 million for various New York City Community School Districts, and around $5.8 million for Chicago Public Schools.
“The Department will not overlook civil rights compliance for the schools in New York, Chicago, and Fairfax while they openly discriminate against students based on gender and race,” stated Julie Hartman, an Education Department representative, in remarks to The Post.
She continued, “Public schools are funded by the hard-earned money of American families, and parents should expect quality educationânot ideological indoctrination disguised as ‘inclusive’ policy.”
“If these districts choose to jeopardize federal funds to persist in their illegal actions, the responsibility rests entirely on them,” Hartman added.
In a series of letters dated September 16, Trainor alleged that all three school districts engaged in discrimination based on sex, violating Title IX, particularly concerning their policies for transgender and gender expansive students.
The New York City guidelines indicate that “[t]ransgender and expansive students must have access to facilities (restrooms, locker rooms, or changing rooms) that align with their asserted gender identity in school” and require that schools allow “students who are gender fluid” to access bathrooms and locker facilities that affirm their identity.
The policies also allow students to participate on sports teams and in school activities “according to the studentâs asserted gender identity in school,” including during “overnight field trips” where students might be grouped with members of the opposite sex if an opposite-sex student claims the same gender identity, as noted by Trainor.
Fairfax County Public Schools has a similar provision that states, “[g]ender-expansive and transgender students should have the choice of using a locker room or restroom that corresponds to their gender identity.”
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Trainor pointed out that the district had previously notified the Education Departmentâs Office of Civil Rights that it was sued by students before the 2024-2025 school year, claiming that Regulation 2603.2 infringed upon their free speech, free exercise, due process, and equal protection rights.
“In that lawsuitâŠone student ‘avoided using school restrooms and only did so when absolutely necessary’ because of the permissive mandate of Regulation 2603.2,” Trainor claimed, calling for the school district to retract the regulation.
Additionally, Chicago Public Schools was urged to withdraw policies that permit transgender students to access intimate facilities and engage in sports in accordance with their gender identity.
Fairfax County Public Schools, under the leadership of Superintendent Michelle Reid, has a policy that allows “[g]ender-expansive and transgender students the option to use a restroom or locker room that aligns with their gender identity.”
Moreover, Chicago has also been accused of fostering “textbook racial discrimination” through an academic initiative aimed specifically at providing remedial resources to only black students.
Trainor characterized Chicagoâs “Black Students Success Plan” as “racially exclusionary” and stated that it violates Title VI of the Civil Rights Act.
Requests for comments from the three districts have not yet been answered by The Post.