Loudoun County Public Schools sued for allegedly breaching free speech, right to petition

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Five parents filed suit today in the United States District Court for the Eastern District of Virginia against the Loudoun County Public School District for what they allege are breaches of their First Amendment right to free speech and to petition.

At an Oct. 8 school board meeting, Loudoun County School Board Chair Melinda Mansfield interrupted multiple parents and eventually ended public comment when parents testified about their concerns about a student at Loudoun Valley High School with ties to the MS-13 gang who threatened to kill a student, and in a separate incident last Spring, was arrested for carrying a stolen, loaded gun before school. 

The student is also in the U.S. illegally, according to several sources.

Here is a video of the parents attempting to speak at the Oct. 8 meeting by ABC7 news reporter Nick Minnock.

Loudoun County Public School policy #8220 requires the student’s suspension under section A:2 which covers student disciplinary code when a student is arrested. “Students may be suspended from attendance at school for sufficient cause” the policy says under section “A”. 

Subsection 2 states: “Crimes in the Community. Any student charged with an offense relating to the Commonwealth’s laws, or with a violation of school board policies, on weapons, alcohol or drugs, or intentional injury to another person, or with an offense that is required to be disclosed to the superintendent of the school division pursuant to subsection G of § 16.1-260, may be placed in an alternative educational setting which may be in-person, virtual, or a hybrid. LCPS may require any student to attend such alternative setting regardless of where the crime was committed.” 

The student was attending Loudoun Valley High School until six days ago when he was finally moved to an alternative school.

“The Loudoun County School Board prevents parents and community members from speaking critically of the Board’s decisions. This viewpoint discrimination violates the First Amendment and undermines the core principle underlying that sacred constitutional right: that citizens be allowed to speak critically of their government, without fear of censorship or repercussion,” the lawsuit states.

“Worse yet, the Board is doing so to prevent parents from airing concerns related to the most fundamental of rights recognized by the Supreme Court: the right to direct the upbringing and education of their children. This potent one-two punch has been systemically employed by the Board, in knowing and plain violation of clearly established law. This Court’s immediate intervention is needed to restore these Plaintiffs’ right to speak out to their government on matters of core concern,” the suit further states.

The plaintiffs are being represented by First America Legal in Washington, D.C. 

All Virginia News contacted the public information officer for the school system and all nine school board members for comment but did not receive a response. 

We will update as the lawsuit moves forward.

Audrey Carpenter is the Northern Virginia Bureau Chief for All Virginia News. She can be reached at: audreycarpenter@allvirginia.news

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