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State expands investigation of merit award notice delays to all of FCPS

The Virginia Attorney General’s office has launched an investigation into Fairfax County Public Schools, alleging that delays in notifying students of commendations for their preliminary SAT test scores may constitute civil rights violations.

Attorney General Jason Miyares announced yesterday that the entire school system will be subject to a review that began last week with a focus on Thomas Jefferson High School for Science and Technology (TJ).

The expansion comes after principals at Westfield and Langley high schools reportedly informed families over the weekend that they also didn’t notify students designated as “commended students” by the National Merit Scholarship Corporation (NMSC) this fall.

“It’s concerning that multiple schools throughout Fairfax County withheld merit awards from students,” Miyares said in a press release. “My office will investigate the entire Fairfax County Public Schools system to find out if any students were discriminated against and if their rights were violated.”

In a letter to FCPS Superintendent Michelle Reid, Miyares said his office is investigating whether the school system violated the Virginia Human Rights Act’s prohibitions of discrimination based on race, color and national origin.

Reid said she “proactively” alerted the attorney general’s office to the lack of “timely notification” for Westfield and Langley students after it was found by an independent review that the school system initiated last week, according to a message sent to the community yesterday.

“As soon as this new development was confirmed, Westfield and Langley high schools notified all impacted families and their broader respective school communities,” Reid wrote. “Please be aware that FCPS is committed to sharing information that impacts our communities as soon as possible.”

Reid said school staff have been contacting colleges where the affected students applied.

“We are sincerely sorry for this error. Each and every student, their experience and success, remain our priority,” she said.

Initially, the delay at TJ appeared to be “a unique situation due to human error,” Reid said on Wednesday (Jan. 4).

She said then that the attorney general’s investigation will include “a review” of TJ’s admissions policies, which were revised in 2020 in an effort to diversify the magnet school’s student body. A lawsuit arguing that the changes discriminate against Asian students is currently in a federal appeals court.

Notably, the delayed notifications for commended students at TJ were first reported by Asra Nomani, co-founder of the Coalition for TJ, which filed the lawsuit opposing the admissions changes.

The National Merit Scholarship Program recognizes the top 50,000 scorers on the pSAT, a practice standardized test often considered by colleges. Though only a handful of actual scholarships are awarded each year, about 34,000 students get letters of commendations that go out in late September, per the website.

FCPS announced in mid-September that 238 of its students had advanced to the semi-finals. It didn’t mention how many students were commended.

In letters to the Washington Post, local public education advocate Holly Hazard and a former university admissions director argued that Miyares and Gov. Glenn Youngkin — both Republicans — have “wildly overreacted” to the delayed notices, a sentiment echoed by a couple Democratic elected officials.

“There is nothing to investigate,” state Sen. Scott Surovell (D-36) told FFXnow, noting that information about pSAT scores is available online through the College Board website.

“Fairfax County has the best public schools in Virginia and the Governor and Attorney General are trying to bring their culture war to Fairfax because they’re not willing to invest in public schools or treat our teachers like licensed professionals,” he said in an emailed statement.

The investigation precedes a General Assembly session convening Wednesday (Jan. 11) that will see consideration of a voucher program allowing public funds to be used for private school expenses, among other education-related proposals.

It also kicks off a year where all 12 seats on the Fairfax County School Board — currently held entirely by Democrats — will be up for election.

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