America First Legal (AFL) has sent a demand letter to Fairfax County Public Schools (FCPS) Superintendent Dr. Michelle C. Reid, warning that the district’s Regulation 2603 and accompanying “Gender-Expansive and Transgender Students Guidance” violate parents’ constitutional rights, as well as federal statutory law.
The letter, sent on behalf of an FCPS parent, cites the U.S. Supreme Court’s recent decision in Mirabelli v. Bonta, which held that policies facilitating a student’s social “gender transition” at school without parental notice or consent likely violate the Free Exercise and Due Process Clauses of the U.S. Constitution.
AFL’s letter highlights that FCPS’s policies:
- Require staff to affirm a student’s asserted “gender identity” without parental consent.
- Form “support teams” that include parents only if the student agrees.
- Mandate the use of chosen names and pronouns in school, even if they differ from official records.
- Direct staff to withhold information from parents about a student’s “transition.”
- Allow students to access sex-segregated facilities based on their asserted “gender identity” without parental involvement.
- Create internal records and plans that are kept from parents in violation of the Family Educational Rights and Privacy Act (FERPA).
AFL is demanding that FCPS either:
- Fully rescind the policies or immediately suspend their enforcement pending revision; or
- Create a transparent parental notice and exemption process by May 18, 2026.
AFL warns that failure to act will result in federal litigation seeking injunctive relief, damages, and attorneys’ fees. The letter also requires FCPS to preserve all relevant documents and communications in anticipation of litigation.
“School districts across the country are on notice after Mirabelli,” said Ian Prior, Senior Counsel at America First Legal. “Secret ‘gender transitions’ and exclusion of parents from critical decisions about their children’s mental health and education are unconstitutional. Fairfax County Public Schools must bring its policies into compliance with the Constitution and federal statutory law immediately, or it will again find itself in court defending the indefensible.”
Read the full letter here.
Find all of AFL’s resources for parents here.
Read more about our work on this issue here.
Learn more about AFL’s work to protect parents’ rights here.
