Children are our priority. Ensuring their needs are met is our goal.
What is Fairfax County Public Schools trying to hide?
“Attention to email correspondence with C. Rosenberg regarding status of investigation and communications with DOJ.
“Conference call with AUSA Pedersen regarding status and developments.”
VDOE concluded that that the legal invoices at the core of the investigation, which contain personally identifiable information (PII) about children, “are maintained by the school division, therefore they are education records under FERPA and this matter is within our jurisdiction.” In addition, VDOE rejected the following argument posed by FCPS, thus acknowledging that initials constitute PII:
“Under the definition of PII, information is PII if it is possible to identify a student with reasonable certainty. In this case, students E1 and E2 have a different last name as the parent, and so the disclosure of parent name does not make the students identifiable.”
Although VDOE determined the matter in its jurisdiction and once again found FCPS noncompliance, VDOE refused to place weight on the thousands of students whose privacy FCPS has breached over the past five years, and did not “characterize” FCPS’s noncompliance as systemic.
This week the censorship shackles came off.
Included in this article are all 1,316 pages that FCSB tried to prevent us from sharing.
We had the honor of being represented by Timothy Sandefur of the Goldwater Institute and Ketan Bhirud of Troutman Pepper. It was extraordinary to witness the dedication and passion of these two lawyers.
While FCSB’s lawyers made arguments that the court called “almost frivolous”, Tim and Ketan stood up for Freedom of Speech and First Amendment Rights, and in turn for me and for Debra.
Fairfax County Public Schools (FCPS) leaked almost 1500 pages of its own legal invoices—and again breached the privacy of students, parents, and FCPS staff. The documents vary from being partially redacted to being entirely free of redactions.
In addition to sharing unredacted information about Due Process Hearings and Equity and Employee Relations Complaints (including staff grievances and dismissals), the following is a short list of some of the information within the documents:
Heartbreaking information related to children who died on FCPS’s watch, as well as the names of the children and their parents was included, as was information about FCPS’s restraint and seclusion problems.
Cyber Hacking Investigation
Blackboard Investigation
Coalition for TJ Lawsuit
Recall of Elaine Tholen
A May 13, 2021, Hunton Andrews Kurth invoice notes that attorney SE Haynie ($395 rate) drafted a message “re: misuse of bond proceeds” and later there’s a mention of Haynie corresponding “re: status of NDA review.”
Please join me in asking Fairfax County Public Schools (FCPS) to disclose the “misuse of bond proceeds”.
What bonds?
What proceeds?
What misuse?
A February 11, 2021, Hunton Andrews Kurth invoice notes that attorneys MA Podolny ($395 rate) and S Rewari ($695 rate) helped draft motions for school board members Karen Keys-Gamarra and Abrar Omeish.
Please join me in asking Fairfax County Public Schools (FCPS) why board members are using private high-paid attorneys to write motions.
A November 30, 2020, invoice from Fairfax County Public Schools (FCPS) attorney Hunton Andrews Kurth notes that attorney D Mustone ($695 rate) drafted a message “regarding HIPAA compliance concerns relating to CareFirst subcontractor” and that Mustone did a “review of background and research.”
If there’s a concern related to HIPAA, does that mean FCPS again released personally identifiable information (PII), but this time by a FCPS contractor?