January 27, 2022, OCR issued a letter announcing the opening of the investigation.
Retaliatory actions are the focus of the complaint.
January 27, 2022, OCR issued a letter announcing the opening of the investigation.
Retaliatory actions are the focus of the complaint.
~Judge Richard E. Gardiner
November 16, 2021, Judge Richard E. Gardiner ruled that a Fairfax County School Board’s (FCSB) lawsuit against two parents was “about as much a prior restraint as there ever could be” and he characterized one of the Board’s arguments as “almost frivolous.”
As legal fees continue to roll in, the total spent by FCSB now is expected to exceed $300,000.
The irony of the FCSB wasting $200,000+ of taxpayer funds to sue two taxpayers who dared to expose wasteful spending is impossible to ignore.
In a surprising move from a state agency averse to investigating complaints at a systemic level, VDOE ordered LCPS to “reimburse parents who have paid out of pocket for IEEs due to the unreasonable cost containment criteria,” which means the Corrective Action Plan encompasses parents who were not included in the initial complaint.
The lawsuit was filed against me and another FCPS (Fairfax County Public Schools) parent after this site published some of FCPS’s legal invoices. The published invoices were obtained legally after FCPS released 1,316 pages as part of a Freedom of Information Act (FOIA) response. FCPS later tried to claw back the documents after being made aware it released documents damaging to its reputation. When that didn’t work, FCSB filed a lawsuit.
September 2021, Fairfax County School Board took legal action against me and fellow Fairfax County Public Schools parent Debra Tisler after we exercised our First Amendment Rights.
This article provides an update to the timeline I provided in the article “FCPS Threatens Legal Action Against Parents Who Exercised Their First Amendment Rights And Right To FOIA”.
You’ll find more information about FCPS’s history of breaches and failures to stop the breaches, the transcript for the October 22, 2021, hearing, and FCPS’s response to VDOE’s investigation.
Although the nonsuit removes the suit from the docket—as if it never happened—the suit happened and won’t be forgotten.
Prior restraint is not legal.
The transcripts can be found in the article “Update on Fairfax County School Board’s Legal Action Against Parents,” which is a running update of what’s going on with the case.
I’m posting them again here, for easy access.