Fairfax school board redistricting case goes to court

The lawyer representing the parents, Steven Stone, argued to Fairfax County Circuit Court Judge Gaylord L. Finch Jr. that the school board was practicing “social engineering” in its decision to redistrict students from Westfield, Oakton and Madison high schools to Reston's South Lakes High School. Also, some students who would have gone to Chantilly High School will now attend Oakton.

The parents are supported by the Fairfax Coalition of Advocates for Public Schools (FairfaxCAPS), which raised over $100,000 for the litigation effort.

Stone argued that using the number of students enrolled in English for Speakers of Other Languages programs and the number of students receiving free and reduced-price meals as a criteria in the decision was “insulting,” “embarrassing,” “seriously flawed,” and “beyond the law.”

“Social engineering by a school board is something we stopped doing in Virginia a while ago,” he said.

The attorney representing the school board, Tom Cawley, defended the use of the programs as a criteria for redistricting, stating that the school board was only trying to balance the percentage of students in those programs within the three schools.

“Social engineering has nothing to do with this case. There are greater needs in the schools that have higher numbers in these categories,” he said. “Those students who are poor and speak foreign languages place a larger instructional demand on a school. I don't think anyone will argue against that. ”

Stone did. He fired back, saying, “Those coming from poverty require greater economic needs? Who says? There is no proof of that. That's the social engineering of the board and it's insulting. There are great examples in this country of those coming from poverty who achieve great things. They never got any special treatment.”

Stone argued that the board's actions were “arbitrary and capricious and undertaken in excess of its authority.” Furthermore, Stone alleged that the decision is a violation of the Dillon Rule because it exceeds the statutory authority of the board.

Cawley questioned the standing, or legitimacy of the suit, saying that Virginia code defines the power of a local school board and that not everything a school board does can be taken to Circuit Court. “No Virginia law says someone has a personal right to go to a particular school,” he said.

Cawley further argued that, in the redistricting, the board did not act arbitrarily or capriciously but instead made a sound decision “in a rational fashion” which was “not only rational but fully within its authority.”

“This is a very important case, not only for those in the courtroom but also for many not here,” concluded Judge Finch, who said he will take the case under advisement and asked for additional briefs from each side to be provided by July 22. The judge expects to issue a written decision in the case by July 28.

“This has caused an unfortunate division within our community,” said audience member Michael Monaco, an attorney and parent of a rising ninth-grader who may go to South Lakes as a result of the school board action. “It is a tough issue of Virginia law and will set a precedent either way.”