Virginia school board silenced parents concerned with MS-13-affiliated student in school, lawsuit claims

2024-10-26 01:00:04

A group of parents is suing the Loudoun County School Board in northern Virginia, claiming they were silenced by the board when attempting to raise concerns about a student who was allowed to return to school despite alleged ties to the notorious MS-13 gang.

The group of parents at the center of the lawsuit claims that they were silenced by the board during a public meeting when trying to raise concerns about reports that a student who is allegedly in the country illegally and affiliated with MS-13 was allowed to return to school despite being arrested for carrying a gun and threatening to shoot another student.

"Time and time again, the Loudoun County School Board has demonstrated through its actions an unwillingness to respect those rights exercised by community members and parents commenting concerned with the actions of their public schools. This latest constitutional violation is even more pronounced, given that the topic was related to the safety of students," America First Legal Senior Advisor Ian Prior, whose organization is representing the parents, said in a statement.

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Students, parents and others hold signs outside the Loudoun County School Board meeting on Oct. 26, 2021 in Ashburn, Virginia. (Photo by Katherine Frey/The Washington Post via Getty Images)

The parents, who are suing in the U.S. District Court for the Eastern District of Virginia, claim that their First Amendment rights were violated during an Oct. 8 public school board meeting, where some of them attempted to raise concerns to the board about their decision to reinstate the student only for the board to cut off their microphones and end the public comment period.

In a press release after the incident, the board claimed that the parents violated the rules of the public comment period and that they were attempting to prevent the spread of "misinformation."

"A number of individuals sought to discuss what was reported in the media and discuss a specific student despite repeated requests from the Board Chair not to do so. As a result, the Board Chair concluded public comment to restore order, in accordance with School Board public comment procedures," the release said. "Misinformation is on the rise, and school divisions like LCPS must be vigilant in actively combating it. It is our responsibility to call out misinformation when allegations are incorrect, unsubstantiated, or deliberately used to create division within our community."

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Patti Hidalgo Menders speaks out against board actions during a Loudoun County Public School Board meeting in Ashburn, Virginia, on Oct. 12, 2021. (Photo by ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)

The board also argued that the allegations against the student at the center of the controversy "are not facts," and that naming the student or speaking about the student public would do a "disservice not just to the individuals involved" and "the entire community."

"This is particularly dangerous when it involves our children and their safety," the release read.

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The incident is not the first time the Loudoun County School Board has found themselves in the spotlight, having generated controversy over the last few years for its policies on transgender students and bathroom policies that allow transgender students and locker rooms based on their chosen, not biological, gender.

In the board’s latest controversy, the parents argue that they have a right to voice their concerns about the district’s policy during public hearings.

Loudoun County School Board members vote to enact Policy 8040 during a school board meeting at the Loudoun County Public Schools Administration Building on Aug. 11, 2021 in Ashburn, Virginia. (Photo by Ricky Carioti/The Washington Post via Getty Images)

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"While Loudoun County Public Schools may believe that it can deprive First Amendment rights based on its claims of so-called ‘misinformation,’ the Bill of Rights makes clear that in the United States, the government is not the arbiter of truth," Prior said.

The Loudoun County School Board did not respond to a Fox News Digital request for comment.