School Board Seeks More Autonomy With Suit

Involvement of County Supervisors, Planning Commission in Decision Making Seen as Intrusive

First, the Prince William Board of County Supervisors began asking tough questions about the school system's expensive plans for all-day kindergarten at every elementary school and a new administrative building.

Then, Planning Commission member Ronald K. Burgess starting making inquiries into the number of toilets -- "commodes," as he put it -- at Brentsville District High School in Nokesville as one measure of crowding.

It has not been an easy year for the Prince William County School Board.

Now the School Board has filed a lawsuit in Prince William County Circuit Court seeking more independence and less outside intrusion into how it runs Northern Virginia's second-largest school district. The lawsuit is asking a judge to determine whether the School Board needs approval from the Planning Commission or the Board of County Supervisors to add modular units at one of the system's more than 80 schools.

A court hearing has not been scheduled.

"If we can't place trailers on a school site, obviously that leaves us with very few workable options," School Board member Milton C. Johns (Brentsville) said. "Our interpretation of the law is that these trailers don't require Planning Commission approval."

Burgess, whose commode investigation was cited in the School Board's lawsuit as outside the scope of his authority, said: "We try to take a look seriously at everything in our purview. If we have overstepped our bounds, then the court will tell us."

Several years ago, the Planning Commission began requiring the school system to submit plans that modify school sites, including adding trailers, for its approval.

Although the school system tried to persuade the Planning Commission to back off, the School Board "reluctantly" began handing over its annual plans detailing any school site changes to the panel.

It hadn't been a problem until September, when the Planning Commission rejected trailers at seven elementary schools. The School Board appealed to the Board of County Supervisors, which then overturned the commission's decision and allowed the trailers, according to the lawsuit.

In the aftermath, even the Planning Commission's staff members conducted a report that determined the panel's oversight is "administrative," "time-consuming" and results in "potential delays for [the school system] to provide good public service," according to the lawsuit.

This year, the Planning Commission continued applying its oversight, which prompted the lawsuit. When school officials asked it for approval to put seven trailers at Brentsville District High School, the Planning Commission balked. Burgess inspected the school and found that, for example, it did not have enough toilets, which he said was a reason to prohibit more trailers, because they would permit only more students at the school -- and more crowding.

Again, the Planning Commission rejected the School Board's request, and, again, the supervisors overturned the decision, but only after the school system asked for a preliminary injunction from the court allowing it to proceed. Installing trailers is time-consuming, and the school system says it needs as much time as possible before September to get them in place.

To some supervisors, the School Board's request for more independence seems unreasonable.

Supervisor W.S. Covington III (R-Brentsville) said the school system is seeking special status from the court, arguing that like the state and federal governments, it is not subject to local review because it is a separate entity with elected officials.

"I guess they are saying they are above the process," Covington said. "It is one thing to be above the process if you are the Quantico Marine Base, but it's another when you are building athletic fields and want to put lights in that impact surrounding residential neighborhoods."

Staff writer Timothy Dwyer contributed to this report.