Fairfax County Public Schools

AG petitions court about Fairfax County schools' delayed awards notification

FCPS says it wants to protect privacy of teachers and staff

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Virginia’s attorney general wants Fairfax County Public Schools to provide information the superintendent doesn’t want to surrender relating to the school system failing to notify students about scholar awards they earned last year.

Fairfax County Public Schools admitted it delayed notification to several students who earned the National Merit Commended Scholar Award.

The school district hired a law firm to conduct an independent investigation and released what it calls a high-level review of the investigation's findings.

"The independent investigation found no evidence of inequity or bias and no evidence that FCPS deliberately withheld any student notifications," Superintendent Michelle Reid said.

But Attorney General Jason Miyares isn't satisfied and wants the entire report, saying that if there is any proof in the report that awards notifications were held based on race it would violate state law.

"We just want to get to the truth and the heart of this,” he said. “I want to be clear: This is about protecting kids."

Miyares’ office filed a petition with the Fairfax County Circuit Court to subpoena the report. FCPS filed papers in opposition of the subpoena Monday.

"Various FCPS teachers and staff were interviewed as part of this independent investigations,” Reid said. “We owe it them to do everything we can to protect their privacy and personal security."

Reid said multiple teachers and staff received threats because of this issue, and she worries publicly releasing their names would make things worse.

"I would challenge them, if you have any examples, please turn it over to us,” Miyares said. “We work very closely with the state police, with the bureau of criminal investigation. We're happy to help make sure that everybody feels protected."

FCPS claims the report is protected under attorney-client privilege and therefore doesn't have to release it.

An almost identical argument was heard in court in Loudoun County two weeks ago, as Loudoun County Public Schools tried to keep private the findings of a sexual assault investigation. The judge ruled attorney-client privilege did not apply.

FCPS says the delay in notifying award winners was because there wasn't a streamlined notification process. The district says it has since standardized that process.

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