The superintendent of one of Virginia’s most scrutinized school districts spent Wednesday in the hot seat before a House committee, defending policies that federal agencies have repeatedly found to violate Title IX.
Aaron Spence, superintendent of Loudoun County Public Schools, testified June 10 before the House Committee on Education and the Workforce at a hearing titled “Breaking Trust: Attacks on Parental Rights, Inappropriate Content, and Legal Abuses in America’s Schools.” He was joined by superintendents from San Francisco and Chicago.
The hearing centered heavily on LCPS Policy 8040, which allows students to use bathrooms, locker rooms, names, and pronouns aligned with their self-selected gender identity rather than biological sex. Committee Chairman Tim Walberg (R-MI) opened the session by calling the policy “child abuse and neglect.” The Loudoun County School Board, which reconfirmed Spence’s position just days before the hearing after a five-hour board meeting, had issued a statement calling Walberg’s remarks “deeply concerning” and out of step with what is actually happening in its schools.
The federal pressure on LCPS has been building for nearly a year. In July 2025, Education Secretary Linda McMahon announced the Department of Education’s Office of Civil Rights had found LCPS and four other Northern Virginia school districts in violation of Title IX for policies allowing students to occupy intimate facilities based on gender identity rather than biological sex. By August, the department had designated all five districts as “high-risk” entities and placed them on reimbursement status for all federal funds — more than $50 million annually — and threatened complete severance if the districts did not comply.
LCPS declined to accept the department’s proposed resolution agreement, arguing in a letter to the department that earlier court decisions — specifically the Fourth Circuit’s ruling in Grimm v. Gloucester County School Board — support Policy 8040 under applicable Virginia law.
The friction escalated further when the Department of Justice filed a federal lawsuit against the Loudoun County School Board in December 2025, alleging the district had retaliated against two Christian male students who raised concerns about a transgender student’s presence in the boys’ locker room at Stone Bridge High School. The DOE’s Office of Civil Rights had separately found LCPS violated Title IX in that case by failing to handle the boys’ sexual harassment complaints equally. A federal judge granted a preliminary injunction blocking the students’ suspensions while the case proceeds.
In a post-testimony interview with WTOP, Spence pushed back on the framing of the hearing. “When we ask that question about why are boys’ and girls’ bathrooms,” he said, “what we’re saying is that transgender people don’t exist — and I’m not going to be somebody that ‘others’ people out of existence.”
A viral clip circulating on social media purports to show Spence telling lawmakers that federal law requires the district’s locker room policy. That specific exchange has not yet been verified from the committee transcript, which had not been published as of this writing. This post will be updated when the full record is available.
Editor’s note: The legal landscape around Title IX and gender identity in schools has shifted significantly under successive administrations and remains actively litigated. The outcome of the DOJ lawsuit against the Loudoun County School Board could affect how all federally funded school divisions must handle similar situations.
Sources:
- House Committee on Education and the Workforce, hearing June 10, 2026: https://edworkforce.house.gov
- WTOP News, June 11, 2026: https://wtop.com/loudoun-county/2026/06/a-little-saddened-loudoun-co-superintendent-reflects-on-capitol-hill-testimony-maintains-districts-follows-federal-law/
- Loudoun Now, June 10, 2026: https://www.loudounnow.com/news/house-education-committee-questions-spence-on-school-policies/article_7ad5c6f4-395a-4686-830e-702c7d7db45c.html
- Virginia Mercury, December 10, 2025: https://virginiamercury.com/2025/12/10/doj-loudoun-students-suspension-over-locker-room-incident-risks-districts-federal-funding/
- WJLA/7News, August 2025: https://wjla.com/news/local/loudoun-county-public-schools-department-of-education-title-ix-transgender-school-policy-aaron-spence-linda-mcmahon-virginia-bathrom-lockeroom-recording
- Loudoun Now, August 19, 2025: https://www.loudounnow.com/news/education-department-to-pull-federal-funding-from-lcps/article_5b7c75c9-ab88-41b5-a4f4-96a2fa5cf096.html
- LCPS Misinformation page (Policy 8040/Grimm v. Gloucester): https://www.lcps.org/o/communications/page/misinformation-and-disinformation




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