August 12, 2010
THE FCPS SYSTEM HAS LOST SIGHT OF WHAT IS GOOD FOR THE STUDENTS
Subject: Connection article on Clifton Lawsuit
http://www.connectionnewspapers.com/article.asp?article=343440&paper=88&cat=104
Clifton Gets Creative To Keep School Open
Community will pursue legal, political and historic preservation options.
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By Julia O’Donoghue Thursday, August 12, 2010 |
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The Fairfax County School Board may have voted to close Clifton Elementary on July 8 but the local community said the school fight is far from over.
A group of families directly affected by the decision filed a lawsuit against the school system Aug. 9. Approximately 100 people also gathered at the Town of Clifton’s Town Hall Aug. 2 to discuss alternative for keeping the school open, including starting a Clifton Elementary charter school.
Ideally, the community would like to see the School Board take another vote to reverse the Clifton closure. The school system plans to operate Clifton for at least the 2010-11 school year. If new construction is needed to accommodate the Clifton students at another campus, the school could remain open beyond next summer.
“That school is still open right now and, as long as that school is still open, it is not over. … This is going to play out over the next school year. Strap yourselves in for a year of working together to make it happen,” said Clifton Mayor William Hollaway to the crowd at the town hall meeting.
THE SCHOOL BOARD’S final vote on the Clifton closure tallied 9-2, with only School Board members Tina Hone (At-large) and Sandy Evans (Mason) voting against closing the school.
But Hollaway said the number of Clifton supporters on the School Board is actually higher than the final vote indicated.
Even though they ultimately voted to close the school, at-large School Board members Ilryong Moon and Jim Raney had joined Hone and Evans in voting for a motion to delay shuttering Clifton for a few years. School Board Member Patty Reed (Providence) was not present for the vote but has also said she would have also supported a delay in the decision.
“The five School Board members that supported us are continuing to work with us on this issue,” said Halloway.
With five School Board members supporting Clifton, the community only needs two more people on the School Board to change their minds about closing the school.
“Two or three votes would change this situation completely,” said Halloway.
CLIFTON SCHOOL advocates plan to talk to current School Board members who might be open to changing their minds about the closure. They said two pieces of information that have come out since the July 8 decision could be enough to change some School Board members’ minds about keeping the school open.
In mid-July, the school system released a report that showed water from a third well on the school’s grounds was safe to drink. The specter of unsafe drinking water was raised repeatedly during the discussion of Clifton’s closure and may have swayed some School Board members to vote against the school, said several Clifton supporters.
Several School Board members who supported the closure said concerns over the water system were not a primary reason for closing the school. Dean Tistadt, the school system’s chief operating officer, had also told the School Board on the night of the vote that water safety should not be a factor in their decision.
“No, I don’t think that report would have changed my decision,” said School Board Member Liz Bradsher (Springfield), when asked about the water test results.
Bradsher, Clifton’s representative on the board, was among those who voted to close the school.
ACCORDING TO CLIFTON residents, the elementary school’s enrollment for next year, more than 370 children, also casts doubt on the school system’s assertion that the student population would decline dramatically.
“Next year, we will have more students enrolled at Clifton than we did last year,” said Patti Hopkins, Clifton’s PTA president.
The school system staff had predicted that less than 300 students would attend Clifton four years from now. The small student population was one of the reasons the building renovation costs per student would be much higher at Clifton than most other elementary schools, said Tistadt.
Still, several School Board members said they saw no reason not to trust staff’s enrollment projections, particularly since the Clifton boundary, which includes parts of Fairfax Station and Fairfax, has one of the most stable and static housing stocks of any community in the county.
IF CLIFTON SUPPORTERS are unable to convince current School Board members to reconsider closing the school, they would try to change the make up of the elected body in the November 2011 election cycle.
“We could be bringing this back to an entirely new school board. There would be a few new and some old members, like maybe Stu Gibson, would be gone,” said Hollaway.
Several people attending the Aug. 2 meeting made references to “draining the swamp” of the School Board. A few people said they would be interested in raising enough money to do “major media buys” for challengers to some current School Board members.
Clifton residents appeared particularly intent on voting out their own representative, Bradsher, who ultimately sponsored the motion to close Clifton.
“These are people that were elected by our money, our phone calls, our votes … by fund-raisers held at my house for them,” said Clifton resident Elizabeth Schultz.
SCHULTZ is heading up the efforts to get Clifton Elementary included in the town’s historic district. A historic designation would not force the school system to keep the building open as a school but it could delay Clifton’s closing until after the November 2011 elections.
“Anything that buys us time. … Once that building is placed into the [historic district], we trigger all sorts of protections. Putting that [historic preservation] package through the process takes time,” said Schultz.
To really change the make up of the School Board, Clifton would also have to gain sympathy from county residents who are not directly affected by the school’s closure.
Hopkins said the Clifton community must use the upcoming boundary study for elementary schools in western and southern Fairfax County to draw attention to their issue.
“We could use the boundary study to our advantage,” said Hopkins.
Supervisor Patrick Herrity (R-Springfield) said convincing residents in other parts of the county to vote the current School Board members out of office might be easier than Clifton residents think. The School Board has upset a wide variety of people in recent decisions, he said.
“There is an effort underway to go back to an appointed School Board. … The Board of Supervisors is upset with the School Board and the citizens are upset with the School Board,” said Herrity.
SEVERAL CLIFTON RESIDENTS attending the Aug. 2 meeting were also in favor of pursuing a lawsuit against the school system.
“There are a lot of good lawyers who think we have a good case,” said Richard Pratt, a lawyer at Troutman Sanders law firm and a Clifton parent.
Pratt said some Virginia cases support Clifton’s claim as “aggrieved parents,” though there are also similar cases that have been dismissed by judges recently.
Parents at both Graham Road Elementary School, which was recently closed, and those who were moved into South Lakes High School boundary in 2008 both tried to sue the Fairfax County school system. But the two cases were dismissed rather quickly.
“Ultimately, these cases are very hard to win,” said Hollaway.
Still, lawyers have told Hollaway that Clifton’s case may be stronger than the Graham Road or South Lakes’ suits because the School Board voted to close the school without giving any indication about where Clifton students would go to school instead.
And even if it isn’t ultimately won, the lawsuit might also put pressure on the School Board to reconsider closing Clifton. The legal action could also keep Clifton Elementary open and buy the community enough time to elect new School Board members in 2011, said Pratt.
IF ALL OTHER efforts failed, the Clifton community could also pursue starting up a charter school on the current campus, said Dwayne Nitz, a member of the Clifton Town Council.
“There is a need for us to take lots of different approaches,” said Nitz.
Gov. Bob McDonnell (R), in particular, has been very supportive of the charter school movement and is interested in making Virginia more friendly to charters, privately-run schools that are allocated public funds and don’t charge tuition.
According to Nitz, McDonnell would be interested in seeing a charter open in Fairfax County as well as other parts of the commonwealth.
But charter schools ultimately have an uphill battle in Virginia, according to several people who support charters. It is likely that any charter school to open at Clifton would ultimately need the approval of the Fairfax County School Board, which has a financial stake in keeping charters at bay.
In general, traditional school boards have been resistant to approving charter school applications, since charters compete for funding and students with the traditional public school system those school boards oversee. Most other states with a robust charter school movement have set up an independent “chartering authority” that often looks like a second school board and decides which charter proposals to approve.
But the Virginia constitution makes it difficult to set up an independent chartering authority in the commonwealth, since it explicitly states that local school boards have the ultimate say in all public school decisions, said charter school advocates.


