AG’s Office Announces Settlement Following Allegations of Systemic Racism in Loudoun Schools

Attorney General Mark R. Herring on Thursday announced his office secured commitments from Loudoun County Public Schools to reform policies, invest in minority community outreach, and submit to third party monitoring in an effort to improve equitable educational access for minority students. 

The agreement follows an investigation by Herring’s Office of Civil Rights into allegations that Loudoun schools denied students an equal opportunity to participate in their Academies of Loudoun and elementary gifted and talented programs based on their race. The complaint was filed by the Loudoun County Chapter of the NAACP in May 2019.

It was the first investigation ever conducted by the office into allegations of systemic racial discrimination in a Virginia public school division.

Under the agreement, Loudoun County Public Schools will be required to:

• provide the Office of Civil Rights with its analysis and proposed revisions to its outreach plan for the Academies of Loudoun and provide the Office of Civil Rights with additional information at its request;

• provide the Office of Civil Rights with its analysis and proposed revisions to its recruitment plan for the Academies of Loudoun and provide the Office of Civil Rights with additional information;

• provide the Office of Civil Rights with its analysis and proposed revisions to its admissions criteria for the Academies of Loudoun and provide the Office of Civil Rights with additional information;

• seek input on any proposed revisions regarding the Academies of Loudoun from the Minority Student Achievement Advisory Committee and Equity Committee through a process that will allow the public, including the NAACP Loudoun Branch, to provide input to those committees on any proposed changes or revisions;

•  seek input on any proposed revisions regarding the Futura and SPECTRUM gifted programs from the Minority Student Achievement Advisory Committee and Equity Committee through a process that will allow the public, including the NAACP Loudoun Branch, to provide input to those committees on any proposed changes or revisions;

• consider any feedback on any proposed revisions regarding the Academies of Loudoun from the MSAAC, including the NAACP Loudoun Branch; and

• provide the Office of Civil Rights with its analysis and proposed revisions to its admissions criteria for the Futura and SPECTRUM gifted programs and provide OCR with additional information at its request.

The announcement noted the school division already has approved a model for addressing equity in student discipline, described in the Student Rights and Responsibilities Handbook, and is in the process of revising its nondiscrimination policies and practices, which it will submit to the Office of the Commonwealth’s Attorney for review prior to School Board approval, and has committed to annually review its protocol for responding to racial slurs and hate speech in schools.

The School Board also has adopted new admissions criteria and student selection procedures for the Academies of Loudoun. Those changes are under challenge in Federal District Court in a lawsuit brought by parent who claim they are discriminatory. 

“Discrimination has no place in Virginia, but especially not within our school systems. Our children deserve equal access to a quality education no matter what they look like or where they live,” Herring stated. “I hope other school systems throughout the Commonwealth will use this agreement as a lens through which to take a look at their own policies and procedures to make sure they are affording each child an equal opportunity. I want to thank my Office of Civil Rights for their hard work and dedication to this investigation and I would also like to thank the Loudoun NAACP for stepping forward when they perceived an issue.”

Following the complaint filed by the NAACP chapter, the Office of Civil Rights initiated a formal investigation that included interviews and review of documentation and information provided by the NAACP Loudoun Branch, the school division, and students, families, and school employees. Investigators concluded that the school division’s policies and practices did, in fact, result in a disparate impact that harmed Black/African-American and Latinx/Hispanic students. The office then sent a Final Determination to both parties that included reforms and commitments needed to address the “discriminatory disparate impact identified and help ensure equal opportunity for each student.”

This agreement between Attorney General Herring’s Office of Civil Rights and Loudoun County Public Schools will be in effect through June 30, 2024.

The School Board met in closed session Jan. 28 to be briefed on the agreement. No formal action was taken at its conclusion.

Loudoun NAACP President Pastor Michelle Thomas hailed the action. 

“It’s a Black History moment for sure,” she said, adding that the agreement sets the path for “making the changes we were dreaming out, that our ancestors dreamt about.”

She said the agreement moves the debate beyond vague goals and ensures there will be “more than just talk” about stamping out racism and discrimination. It also ensures that the NAACP will have a seat at the table as the future policies are enacted. “It’s an incredibly forward-looking document.”

Thomas also praised Herring for creating the Office of Civil Rights specifically to review the Loudoun NAACP complaint. Now, she noted, that office will remain in place to review cases of discrimination and racism in other school divisions or businesses around the commonwealth.

“It is not over. This is just the basis for when we start,” Thomas said. “Now the hard work begins.”