North Fairfax News

Amid ongoing investigations into potential racial discrimination against Asian students in Fairfax County Public Schools (FCPS) by the Virginia Attorney General Jason Miyares, a Fairfax County Circuit Court judge granted a subpoena earlier this month for Miyares' request to access Fairfax County Public Schools' independent investigation.

A Fairfax County Circuit Court judge announced that a decision would be made on Aug. 7 regarding the granting of a subpoena for Miyares's request to access Fairfax County Public Schools' independent investigation. The investigation concerns how FCPS handled National Merit commendation notifications, which faced delays, as reported by ABC 7 News earlier this year. A legal confrontation between the Virginia Attorney General's and FCPS legal teams took place in court, while Miyares was conducting an investigation into potential racial discrimination against Asian students, examining whether it violates the Virginia Human Rights Act.

FCPS has withheld the full independent investigation but provided only a summary of its findings, asserting no discrimination. In contrast, the Attorney General's team contends that evidence in their possession indicates the presence of discrimination. The pursuit of the complete investigation report has spanned several months, marking a prolonged legal dispute.

On June 14, Miyares criticized the Fairfax County superintendent for not cooperating in the National Merit award investigation.

"We're incredibly disappointed and frustrated that the Fairfax County Public School system did not cooperate with us. We subpoenaed their investigation, requested access to it and they chose to communicate their refusal through a district-wide email rather than engaging with our office. We are committed to seeking the truth, and if the report holds no hidden information, we eagerly anticipate our legal pursuit to uncover it," Miyares said.

In March 2023, Fairfax County Public Schools retained the services of the high-cost K Street law firm Sidley Austin LLP, as Miyares conducted an investigation. The contract, initially acquired by the Fairfax County Times, revealed that the law firm's senior counsel billed an exorbitant $2,225 per hour to FCPS, in contrast to the customary hourly rates for Virginia attorneys, which ranged from $101 to $399. This decision prompted inquiries, particularly considering that Fairfax County taxpayers already supported the Fairfax County Attorney's Office and an in-house FCPS legal team, with attorneys earning between $28 to $97 per hour, according to the county's pay scale.