The Virginia statewide elections from 2021 provided a momentous catalyst for change in the commonwealth. Although a Republican governor had not been elected since Bob McDonell in 2009, Virginians managed to elect not just Gov. Glenn Youngkin, but also Lieutenant Gov. Winsome Earl-Sears, and Attorney General Jason Miyares, all Republicans. All three have proactively worked to transform Virginia, including and especially when it comes to parental rights and education. In January, Youngkin addressed a need to investigate school districts allegedly withholding notification of National Merit scholarships in the name of equity, and Miyares' office heeded that call.
The Fairfax County Public Schools system, which is the largest in the commonwealth and one of the largest districts in the country, is steadfast in its resistance though. On Monday, families in the district were emailed a copy of a letter posted to the district website, as well as a YouTube video from Superintendent Michelle Reid stating that they are taking legal action so as to not comply with a subpoena from the Attorney General's office looking to gain access to a full report about the district's independent key findings.
Here is what the superintendent for the Fairfax County Public Schools—the largest in Virginia—sent to families on Monday night in a shameful but not surprising move about the investigation they’re under regarding withholding notification of National Merit scholarships. pic.twitter.com/BH9qgyHC0T
— Rebecca Downs (@RebeccaRoseGold) June 14, 2023
While Miyares' office was initially investigating Thomas Jefferson High School for Science and Technology (TJ) in the district, the attorney general expanded the investigation to apply to the district.
The scandal from late last year raised concerns that TJ and other schools had been withholding from students that they qualified for merit scholarships. Asian-American students were disproportionally affected. Oftentimes, when students did find out, it was too late to impact college applications. Many students also found out by accident.
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In a letter from January 3 to Miyares, Youngkin wrote "I believe this failure may have caused material harm to those students and their parents, and that this failure may have violated the Virginia Human Rights Act."
"FCPS will be taking legal action to oppose the Attorney General’s subpoena because we believe that providing this information would likely result in a risk to staff safety, a waiver of privilege, and public disclosure of confidential information relating to individual FCPS students, teachers, and administrators," the letter claimed in part. "It goes without saying, staff and student safety is a top priority," the letter also closed with.
The video from Reid was similarly full of a particular narrative. As Reid herself acknowledges, the district, which has retained legal counsel, released only "a high-level summary of key fact findings from that report."
As Reid offers, the summary claimed that "the independent investigation found no evidence of inequity or bias, and no evidence that FCPS deliberately withheld any student notifications." She also claims that the district has already taken steps to correct notification delays.
When it comes to why the refusal, then, if there has been no wrongdoing, Reid reiterates they "strongly feel that this is unjustified," pointing to teachers and staff who were interviewed. "We owe it to them to do everything we can to protect their privacy and personal security."
It's worth wondering about what little regard and what little trust that FCPS has for what the attorney general's office will do with such a report. Reid offered that "as the attorney general knows, multiple FCPS staff members have been harassed and threatened over this issue," adding that "we have specifically alerted the attorney general to this concern, and described the severity of the threats."
Reid went on to note that "despite these concerns, the attorney general is now seeking to require public disclosure of the law firm's privileged investigative report and related details." Claiming that because of the documents they have already shared, "the attorney general's office has all of the facts it needs to complete its investigation," Reid added.
In stronger condemnation, Reid claimed that "what the attorney general is seeking to do would put our teachers and staff at risk, which we simply cannot accept."
A statement from the attorney general's spokeswoman, Victoria LaCivita addressed many of those claims, by adding a key point that Reid left out, which is that Miyares is investigating FCPS under the Virginia Human Rights Act.
"Today, Fairfax County Public Schools made clear that it believes it is immune from Virginia’s anti-discrimination laws. It is not. In fact, only months ago, FCPS claimed that 'our School Board is committed to following the Virginia Human Rights Act…' FCPS now confirms it will only comply with the law when politically convenient. No school system is above the law. If the report shows no wrongdoing, then FCPS should release it. Attorney General Miyares’s investigation into this matter will continue," LaCivita said on Monday.
She also noted that "the Attorney General values the safety of Virginians above all else, and expects that FCPS reported any credible threats to the proper authorities."
When it comes to the next steps, a hearing will follow.
In addition to calling on Miyares to investigate the allegations of withholding merit, Youngkin also requested state Sen. Siobhan Dunnavant and Del. Nick Freitas to sponsor legislation on his behalf to require Virginia schools to inform students and their parents about National Merit Scholarships and other awards.
Others, such as local parent Asra Nomani whose children were affected, have weighed in with their concerns, including and especially as it applies to costs of the investigation.
I’m sure @FCPSSupt could hire at least 5 Dyslexia specialists for the cost paid to Sands Andersen to fight transparency. What is @FCPSSupt priority?
— Debra Tisler (@Debra_Tisler) June 13, 2023
Reid between the lies. @FCPSNews @FCPSSupt Michelle Reid uses "safety" as a shield to hide a report about principals hiding National Merit awards from mostly Asian kids. But what has she + her consultant been pushing? "Equal outcomes," even if you're "purposefully unequal." pic.twitter.com/LkgO4LZ30N
— Asra Nomani • Defeating the #WokeArmy (@AsraNomani) June 13, 2023
It's also worth highlighting the closed in part by mentioning a common refrain from the district, which is that "we must remain focused on our primary mission of ensuring that each and every one of our students can excel in our classrooms and our community."
The district is proud to tout its "Equity Profile" and has further that sense of "equity" with its policy of "equal outcomes for every student, without exception."
FCPS, along with other districts in the particularly liberal Northern Virginia area, has sought to fight the Youngkin administration in other regards to do with parental rights and education. Such districts, and some of the students there, have sought to make the issue instead about LGBT rights, a narrative the mainstream media was all too happy to indulge. FCPS had also been under the governor's microscope for transitioning children without their parents' consent.
The district was also forced late last month to end its discriminatory policies inviting only certain demographics to apply for a middle school college preparatory programs.
The investigation, which had opened in March, was closed. "Because FCPS has revised its College Partnership Program announcements and notices, and removed reference to any classifications based on race, ethnicity, or national origin, this Office is hereby closing its Inquiry into Cooper Middle School and the College Partnership Program at this time," read latter from Christine Lambrou Johnson, senior assistant attorney general.
🛑 BREAKING. In a win against racism, Virginia AG @JasonMiyaresVA forces @fcpsnews @FCPSSupt to STOP discriminating against kids, including Asian American kids, and END race-based admissions to a college prep program.
— Asra Nomani • Defeating the #WokeArmy (@AsraNomani) May 31, 2023
The settlement is a victory against the tide of race-based… pic.twitter.com/8YRZ2t94LL
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