Highest Court Will Hear Clifton Elementary FOIA Case

Virginia’s highest court will hear a case involving the closure of Clifton Elementary School.

Virginia’s Supreme Court ruled Wednesday to grant an appeal to a Clifton resident who filed a lawsuit in reference to Fairfax County Public School’s alleged Freedom of Information Act violations.

The lawsuit, , argued that the school system violated FOIA laws by emailing each other about the school’s closure before a July 2010 public meeting was held on the matter, among other issues.

The Circuit Court of Fairfax County initially had ruled in favor of the school district.

In the Supreme Court’s notice granting the appeal, the court stated that the lower court had erred in saying that the district was not in violation of FOIA laws.

“The Supreme Court has decided that is a big issue, and it will impact one way or the other how the public bodies in Virginia will operate going forward,” said Michael Guiffre of Patton Boggs, the Washington D.C.-based firm that is representing Hill.

The notice also said that Hill could potentially be eligible to have attorney fees reimbursed if it is ultimately found that the district was in violation of the laws. 

A message left with Fairfax County school district attorneys was not immediately returned.

If the appeal is successful, it will not necessarily lead to the school’s reopening, but it could mean that the district is required to once again take a look at the situation, Guiffre said.

A separate lawsuit filled by a group of Clifton parents that had to do with the merits of the board’s decision to close the school was struck down in Fairfax County courts. The Virginia Supreme Court determined earlier this year that they would not be hearing that case.