Dive Brief:
- New York City sued the U.S. Department of Education on Oct. 15 over the federal agency's decision in September to terminate $47 million in federal funding for 19 magnet schools. The department severed the nation's largest school system from discretionary grant funding after the agency found the New York City Department of Education violated Title IX when it set transgender-inclusive bathroom and locker room policies.
- In an unprecedented measure, the Education Department, in a Sept. 16 letter, gave New York City Public Schools a short timeline of just three days to agree to overhaul its Title IX policies in response to the Education Department's Office for Civil Rights decision.
- The lawsuit seeks to stop the defunding of the Magnet School Assistance Program, meant to help with desegregation and that primarily serves low-income Hispanic and Black students. OCR said in its letter to New York City that funding the grant is "no longer in the best interest of the Federal Government."
Dive Insight:
Abruptly discontinuing Magnet School Assistance Program funds threw "into chaos and uncertainty" the future of the magnet schools as well as the 7,700 students who attend them, according to the lawsuit. The lawsuit claims the cuts have also led to "the complete disruption" of the magnet schools' specialized programming.
The Trump administration already sought to zero-out the program entirely in its proposed fiscal year 2026 budget. That, however, would require congressional approval.
The legal challenge filed in the U.S. District Court for the Southern District of New York escalates the fight between school districts and the Trump administration over its civil rights enforcement measures.
“With this lawsuit, New York City Public Schools is fighting back against the U.S. Department of Education’s attack on our magnet program and transgender and gender expansive students,” said New York City Public Schools Chancellor Melissa Aviles-Ramos in an Oct. 16 statement. “U.S. DOE’s threat to cut off tens of millions of dollars in magnet funding unless we cancelled our protections for transgender and gender expansive students is contrary to federal, state, and local law, and, just as importantly, our values as New York City Public Schools."
Districts are increasingly opting to take the administration to court in response to its federal funding threats, rather than comply with the department's demands. Those demands often include adopting "biology-based" definitions of "male" and "female," and in some places run against state law that require inclusive policies for transgender people.
Two large Northern Virginia school districts, for example, were among the first to sue the administration in late August after the agency decided the districts violated Title IX by allowing transgender students access to sex-segregated facilities aligning with their identities. Fairfax County and Arlington County school boards collectively have on the line $190 million, which the districts use to fund school meals for low-income students; services to students with disabilities, homeless students; and English learners, among other activities.
In these cases, the administration issued Title IX violations after very brief investigations, and provided recipients with 10 or less days to respond — as opposed to the usual 90-day timeline.
