Today, America First Legal (AFL), in partnership with Consovoy McCarthy, PLLC, filed a federal lawsuit against Fairfax County Public Schools (FCPS) on behalf of an FCPS parent, alleging that the school district’s Regulation 2603.3 violates parents’ constitutional rights. This filing follows AFL’s April 2026 demand letter, which FCPS failed to appropriately respond to, prompting AFL’s lawsuit.

FCPS’s Regulation 2603.3 directs school staff to support and facilitate a student’s social “gender transition” at school without notifying parents or obtaining their consent. Specifically, AFL’s complaint explains that FCPS’s policy:

• Requires school staff to adopt a student’s preferred name and pronouns.
• Grants access to sex-segregated facilities based on a student’s self-identified “gender identity.”
• Permits participation in gendered classes, activities, and programs based on a student’s self-identified “gender identity.”
• Fails to require notification to parents that a child is struggling with gender confusion.
• Fails to give parents authority to overrule “support plans” implemented by the school.

The lawsuit contends that these practices violate the United States and Virginia Constitutions, which guarantee parents the primary authority to oversee their children’s upbringing, education, and religious guidance. The filing argues that the school staff’s unconsented facilitation of a child’s gender transition is a major encroachment on parental rights, which are superior to state authority.

AFL’s lawsuit follows its April 2026 letter, which demanded that FCPS either rescind, suspend, or adopt notice-and-opt-out procedures for parents no later than May 18, 2026, to avoid litigation. FCPS failed to do so. Instead, the district made minimal changes to Regulation 2603 and rescinded a guidance document that accompanied the previous iteration. The core of the regulation remains unchanged. AFL is now seeking a court order to ensure that FCPS fully complies with the law.

“FCPS was given an opportunity to correct its anti-parent policies,” said Ian Prior, Senior Counsel at America First Legal. “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.”

Read the full complaint here.

Learn more about this case here.

Find more about AFL’s fight for parental rights here.