Jefferson County Public Schools pays DC law firm $400 per hour to defend policies allowing males (who identify as girls) to use female facilities and play in female sports

Department of Education Investigates Jefferson County Public Schools

On June 3, 2026, the Department of Education issued a warning letter against Jefferson County Public Schools for refusing to comply with Title IX. The agency explained that this letter “informs the District that a Letter of Impending Enforcement Action will be issued in 10 calendar days if the District continues their refusal to come into compliance with federal law.” The Department of Education provided the following explanation for this action:

In March 2026, OCR concluded that the District had blatantly violated Title IX by allowing male students to participate in female sports, occupy female bathrooms and locker rooms, and even share overnight accommodations with females based on their “gender identity.” A review of Jefferson County’s athletic rosters found the District allowed male students to occupy roster spots on girls’ sports teams, displacing girls from the athletic programs designed for female students. The District also had policies that would have allowed students as young as 11 years old to share overnight accommodations on school trips with members of the opposite sex.

The department further explained: “Despite OCR providing the District with a proposed Resolution Agreement that would resolve its Title IX violations, the District has taken no action to protect women and girls.” On June 26, 2026, the Department of Education made the following statement: “Despite receiving OCR’s proposed Resolution Agreements, which, if implemented, would remedy the District’s violations of Title IX, the District continues to take no action to protect women and girls. Today’s Letters of Impending Enforcement Action to Jefferson County Public Schools notify the District that it has 10 calendar days to come into compliance or face enforcement action, including administrative enforcement by OCR or a potential referral to the U.S. Department of Justice and the termination of federal funding.”

Jefferson County Public Schools Paying $400 Per Hour to Defend Trans Policies

Defending Education was alerted to the fact that Jefferson County Public Schools had hired notable Democratic lawyer Timothy Heaphy in the district’s legal efforts against the U.S. Department of Education. Heaphy served as the United States Attorney for the Western District of Virginia during the Obama administration. Defending Education submitted a public records request to the district seeking “copies of all records of fees and salaries the school district paid to attorney Timothy Heaphy for any of his services,” as well as “any contracts or agreements that the district currently has or has had in the past with Timothy Heaphy.”

The district did not provide Defending Education with any invoices. The district only provided an engagement letter with the law firm Heaphy, Smith, Harbach & Windom LLP dated June 17, 2026. The agreement provides the following “Scope of the Matter” between the school district and the firm:

The Firm has been retained to represent the Client in connection with an investigation of the Jeffco Public Schools regarding facilities access conducted by the Office of Civil Rights at the Department of Education and potential litigation and other matters related to this investigation as you and we may agree to from time to time.

The law firm is charging the school district $400 per hour for attorney services to defend allowing students to use the facilities and play in sports according to their preferred gender identity. Notably, the firm mentions this is still a significant discount compared to what other clients must pay for equivalent services. The engagement letter provides the following explanation:

The Firm generally charges for legal services based on the hourly rates of the attorneys and staff performing the work. The standard hourly rates for Timothy Heaphy and Lindsay Hemminger, the attorneys who will have primary responsibility for this matter, are $2400 and $1650, respectively. For this engagement, we have agreed to charge Jeffco a blended rate of $400 per hour for all timekeepers, including Mr. Heaphy, Ms. Hemminger, and other HSHW attorneys as appropriate. This represents a substantial discount from our standard rates and reflects Jeffco’s status as a public entity and the firm’s desire to provide services in important matters of public concern.