Two Virginia school districts are suing the Department of Education to preserve their pro-transgender policies ending single-sex bathrooms.

The lawsuit, which was filed by Fairfax County Public Schools (FCPS) and Arlington Public Schools (APS), comes as the Education Department warned five Northern Virginia school districts that the agency would be moving forward with cutting federal funding to the school districts over their refusal to change their transgender policies, the Washington Post reported .

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Per the outlet:

No funds have yet been affected, but school officials said the high-risk designation means they could lose access to up to $167 million for the Fairfax district and $23 million

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