Arlington, VA

A lawsuit has been filed against Arlington Public Schools’ controversial elementary school swap.

The swap, which was approved by a 4-1 School Board vote in February, would move Key Elementary students and staff to the current Arlington Traditional School, Arlington Traditional students and staff to the current McKinley Elementary, and McKinley students and staff to a new school being built in Westover.

The suit was filed in March by Louisa Castillo, an Arlington resident and Key Elementary parent, against the School Board. It claims the School Board violated a Virginia law “when it adopted a proposal to relocate thousands of Arlington County elementary school students… rather than engaging in the necessary process to enact a school boundary change.”

Specifically, the suit alleges that the School Board failed to take into account six factors — financial efficiency, student proximity, educational stability, student alignment, school demographics, and and boundary contiguity — when considering the changes.

The swap was done before a planned boundary change process, which is set to start this fall. Like past boundary processes, it is likely to be contentious.

School Board members who voted for the swap said it was a tough decision but agreed with APS staff that it was the option that would impact the smallest number of APS students, at a time when the school system continues to build and expand schools to keep up with rising enrollment growth.

Steven Krieger, who finished a close third in the recent Democratic School Board endorsement caucus, emailed supporters last night to encourage them to support the lawsuit with donations.

Krieger, who was critical of both APS decisionmaking and the caucus process, said the suit will give the School Board “another opportunity to correct a wrong decision.”

“This decision won’t solve our capacity issues, and moving forward with this proposal without a proper review of its impacts is intellectually dishonest,” he wrote. “Despite the current pandemic and corresponding budgetary issues, APS is still planning to spend about $3 million to move these three schools.”

“Louisa Castillo, a Key parent, hired a lawyer and filed a lawsuit against the School Board. Logistically, her son may not be able to move with the program to ATS and does not know what school she will be zoned for because the school moves decision was separate from the boundary decisions,” Krieger continued. “Many other families at Key, ATS, and McKinley are living with similar levels of uncertainty about where their children will attend school when we return to in-person instruction.”

“Instead of doing the right thing and analyzing the school moves in conjunction with the boundary process, the School Board hired a large law firm to fight Louisa’s lawsuit,” wrote Krieger.

So far the GoFundMe campaign has raised just over $300 of a $20,000 goal.

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