July 4, 2008
Redistricting Lawsuit to be Decided by July 28
By Leslie Perales
Observer Staff Writer
Families impacted by the west county school redistricting, which would move students from Oakton and Westfield high schools to South Lakes, should know by July 28 whether the Fairfax County School Board’s redistricting plan will go forward. Judge Gaylord L. Finch Jr. heard arguments from attorneys representing the school board and the parents who are suing the board on Thursday morning.
Finch said he was “not prepared to make a ruling at this time” and would like to review both sides of the case. He offered both parties the opportunity to submit 15-page written arguments outlining their case. Those arguments are due to Finch in two weeks, and he will decide the case by July 28 in a letter to both parties, he said.
More than 30 people attended the hearing, which began at 10 a.m. and lasted until about 1 p.m. Thursday. Steven David Stone, attorney for Fairfax County Coalition of Advocates for Public Schools (FairfaxCAPS) and the parents, said the school board acted “capriciously” and overstepped its authority when redistricting students at Chantilly, Herndon, South Lakes, Oakton and Westfield high schools earlier this year.
Stone said the school board did not listen to the petitioners’ comments on the redistricting and “this local school board believes itself to be an entity unto itself.” “We want this court to strike down the action of the school board because it was outside the law,” he said.
He said the school board overstepped its authority in the redistricting and none of its reasons for redistricting are within the law for the basis of efficiency. Stone also said the school district acted improperly in using socioeconomic factors as part of the redistricting process. He said the school board violated Dillon’s Rule, which states that a school board can
only exercise powers granted to it by the General Assembly.
Tom Cawley, an attorney representing the Fairfax County School Board, said Virginia law allows the school board to redistrict for overall efficiency, not just “operating efficiency” as the petitioners have argued. He responded to Stone’s assertion that socioeconomic factors should not have been included and said the numbers of students in English for Speakers of Other Languages and free and reduced meals programs help determine whether stronger academic instruction is needed. Students who speak English as second language or are poverty stricken require more instruction than their peers who are not in those programs, he said.
Additionally, the school board tries to keep student populations at about 2,000, but Westfield and Chantilly both have about 2,800 students or more, he said. Meanwhile, South Lakes has recently undergone a $60 million renovation and now has space for 700 additional students, Cawley said. Moving students out of Westfield and Chantilly would result in less competition for programs and extracurricular activities without taking away any resources, while providing more opportunities for students at South Lakes.
Cawley said the school board did not include Madison and Langley in the redistricting because other schools, such as Chantilly and Westfield, are more overcrowded. Additionally, he said, the recent renovations at Langley ensure that the school will not have capacity problems within the next few years. He also said Madison is not located close to any other schools, which would have complicated such redistricting. Cawley said the redistricting would also alleviate traffic congestion at Chantilly High School.
In his rebuttal, Stone said the school board’s reasons for redistricting were not based on effectiveness. He also said there is no proof that children in poverty have greater academic needs. He said there are many people throughout Virginia’s history who grew up in poverty and still became successful. “And they didn’t get anything extra,” Stone said. Overall, he said, the school board has violated its boundaries and the court needs to stop the redistricting.
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