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Va. high court denies Loudoun Co. School Board request to file appeal under seal

Neal Augenstein | naugenstein@wtop.com

August 29, 2022, 3:21 PM

Virginia’s Supreme Court has rejected the Loudoun County School Board’s request to file its appeal under seal, as the school system seeks to overturn a ruling that let a special grand jury investigation continue. ... Two weeks ago, WTOP reported the board filed an appeal to Virginia’s highest court, asking it to reverse a Loudoun County Circuit Court judge’s decision. Last month, the judge ruled against the board’s lawsuit to halt a special grand jury convened by Attorney General Jason Miyares, to look into how the school system handled two sexual assaults by the same high school student last year. ... The basis of the school board’s appeal hasn’t been clear, because it was filed under seal.

WTOP has been seeking details on the appeal from the school board’s attorneys, John Cafferky, Robert Scully and Juli Porto. A school system spokesperson told WTOP on Aug. 18 that the issue of whether an attorney general has the authority to conduct a special grand jury investigation has wide-ranging implications for all school boards and local government bodies in Virginia.

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Also Monday, Miyares’ office filed its redacted opposition to the school board’s appeal. ... “The School Board is not immune from criminal investigation and prosecution. The School Board makes the extraordinary argument that the mere existence of the grand jury investigation usurps its sole authority to supervise LCPS” under the state constitution, according to the newly filed opposition.

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The promise to investigate the Loudoun County school system was a major premise of Gov. Glenn Youngkin’s campaign. On his first day in office, he issued an executive order directing Miyares to begin the investigation. Miyares opened it the next day, and convened the grand jury in April. ... WTOP is seeking comment about the Supreme Court’s ruling from the school board’s attorney and the school system.

Neal Augenstein
Neal Augenstein has been a reporter at WTOP since 1997. Through the years, Neal has covered many of the crimes and trials that have gripped the region. Neal's been pleased to receive awards over the years for hard news, feature reporting, use of sound and sports.

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