Virginia high court denies appeal to keep Clifton open
County school board voted to close the elementary school in July 2010
by holly hobbs, Staff Writer
http://www.fairfaxtimes.com/article/20110610/NEWS/706109787/1117/1117/virginia-high-court-denies-appeal-to-keep-clifton-open&template=fairfaxTimes
Clifton Elementary School parents said they were disappointed but not surprised by the Virginia Supreme Court’s recent decision not to hear an appeal for a retrial on the case to keep the school open.
The Fairfax County Public School Board voted to close the 370-student school in July 2010, citing high renovation costs, a projected decrease in enrollment and contamination of well water used by the school.
Parents quickly sued the school system in Fairfax County Circuit Court for what they called an arbitrary decision, adding the board’s decision was not transparent to voters.
Fairfax County’s Chief Judge of the Circuit Court, Dennis J. Smith, ruled in favor of the School Board on this case in December, after which parents appealed to the state’s Supreme Court.
The school system released a statement on the Supreme Court’s denial Friday.
“In denying the Petition for Appeal, the Court stated that, after reviewing the record in the case and the arguments submitted, the Court was of the opinion that there was no reversible error,” the statement reads.
Clifton parent Elizabeth Schultz, who has helped lead the charge on preventing the school’s closure, said, “We always knew that [appealing to the Supreme Court] was a difficult road … But this was something that the community felt that it wanted to see through.”
Shultz is running for the School Board’s Springfield District seat in the Nov. 8 election.
“I’m disappointed that FCPS decided to categorize this [ruling] as the Supreme Court validating its decision to close Clifton,” she said, adding she visited Richmond for the hearing on Clifton and a three-judge panel voted not to hear the case after listening to the school system’s and Clifton plaintiffs’ oral arguments.
The School Board still faces another lawsuit about its decision to close Clifton Elementary. Attorney and Clifton resident Jill D. Hill filed a lawsuit, which was in court in March, requesting the court’s aid in procuring document requests she had made under the Virginia Freedom of Information Act. The judge in Hill’s case has not yet made a ruling.
“The underpinning issue that connects them both is the transparency issue,” Schultz said of the lawsuits, adding she thinks Hill’s lawsuit is the stronger of the two cases and that a verdict is expected soon.