Virginia
School redistricting -- A group of parents are fighting to keep their children in their current school for their last year at the school -- Fifth Graders. An initial ruling against the request was made, so we appealed to the School Board. Per the orginial appeal, the Board was to respond to our request in 30 days of acknowledgement of our appeal. The Board did not respond within the timeframe. When they did make a decision, it was not in our favor. The original appeal was denied because the representative did not consider the circumstances to be extraordinary, however, these children are facing three elements that no others in the district have -- 1. Redistricted 3 times during elementary, 2. Neighborhood has been split, 3. The only set of children being redistricted to this particular school, while others in the district are transferring with peers.
We have it on good authority the Board allowed "grandfathering" during the last redistricting, however, we can't find anything in minutes or writing. We do, however, have people that are willing to sign a statement confirming that the offer was made to them. Is this enough to overturn the decision? Following is the Judical Review the Board stated: § 22.1-87. Judicial review.
Any parent, custodian, or legal guardian of a pupil attending the public schools
in a school division who is aggrieved by an action of the school board may,
within thirty days after such action, petition the circuit court having
jurisdiction in the school division to review the action of the school board.
Such review shall proceed upon the petition, the minutes of the meeting at which
the school board's action was taken, the orders, if any, of the school board, an
attested copy of the transcript, if any, of any hearing before the school board,
and any other evidence found relevant to the issues on appeal by the court. The
action of the school board shall be sustained unless the school board exceeded
its authority, acted arbitrarily or capriciously, or abused its discretion.
Any guidance you can provide would be greatly appreciated.
School redistricting -- A group of parents are fighting to keep their children in their current school for their last year at the school -- Fifth Graders. An initial ruling against the request was made, so we appealed to the School Board. Per the orginial appeal, the Board was to respond to our request in 30 days of acknowledgement of our appeal. The Board did not respond within the timeframe. When they did make a decision, it was not in our favor. The original appeal was denied because the representative did not consider the circumstances to be extraordinary, however, these children are facing three elements that no others in the district have -- 1. Redistricted 3 times during elementary, 2. Neighborhood has been split, 3. The only set of children being redistricted to this particular school, while others in the district are transferring with peers.
We have it on good authority the Board allowed "grandfathering" during the last redistricting, however, we can't find anything in minutes or writing. We do, however, have people that are willing to sign a statement confirming that the offer was made to them. Is this enough to overturn the decision? Following is the Judical Review the Board stated: § 22.1-87. Judicial review.
Any parent, custodian, or legal guardian of a pupil attending the public schools
in a school division who is aggrieved by an action of the school board may,
within thirty days after such action, petition the circuit court having
jurisdiction in the school division to review the action of the school board.
Such review shall proceed upon the petition, the minutes of the meeting at which
the school board's action was taken, the orders, if any, of the school board, an
attested copy of the transcript, if any, of any hearing before the school board,
and any other evidence found relevant to the issues on appeal by the court. The
action of the school board shall be sustained unless the school board exceeded
its authority, acted arbitrarily or capriciously, or abused its discretion.
Any guidance you can provide would be greatly appreciated.