FCPS takes 'legal action' to fight subpoena to release report on merit awards investigation

FAIRFAX COUNTY, Va. — Officials in Fairfax County Public Schools (FCPS) say they've been subpoenaed to release a report on an investigation into its failure to notify some students of their National Merit Awards. The school district says it's taken "legal action" to fight the subpoena.

FCPS says it released a summary of an independent investigation into their notification process in March. The school district claims the investigation concluded that educators did nothing to intentionally harm students or their college applications.

"As we announced several months ago, last winter, we retained a law firm to conduct an independent investigation of that issue, and to prepare a privileged report of their findings," FCPS Superintendent Dr. Michelle C. Reid said in a recorded statement. "We released a high-level summary of key-fact findings from that report to the public. As noted in the summary, the independent investigation found no evidence of inequity or bias – and no evidence that FCPS deliberately withheld any student notifications."

Reid said on Monday that the school district filed paperwork in court opposing Attorney General Jason Miyares' petition, calling the report "privileged."

"We strongly feel [the subpoena] is unjustified," Reid said.

WATCH: Dr. Reid's explanation of why FCPS is taking legal action

A statement from the school district said its independent investigation involved reviewing confidential documentation and conducting confidential interviews with staff and parents.

The district said providing the requested information would "likely result in a risk to staff safety, a waiver of privilege, and public disclosure of confidential information relating to individual FCPS students, teachers, and administrators."  

Miyares Spokeswoman Victoria LaCivita on Monday released the following statement:

Today, Fairfax County Public Schools made clear that it believes it is immune from Virginia’s anti-discrimination laws. It is not. In fact, only months ago, FCPS claimed that “our School Board is committed to following the Virginia Human Rights Act…”.  FCPS now confirms it will only comply with the law when politically convenient. No school system is above the law. If the report shows no wrongdoing, then FCPS should release it. Attorney General Miyares’s investigation into this matter will continue. 

The Attorney General values the safety of Virginians above all else, and expects that FCPS reported any credible threats to the proper authorities.