Office of Division Counsel

Legal Advice and Defense

The Office of Division Counsel provides legal advice and legal defense for Fairfax County Public Schools. 

The office provides the following services for the school division and its staff: 

• Advise the Superintendent and other leadership team members about legal matters
• Help region assistant superintendents and principals on a variety of legal issues
• Help draft policies, regulations, and legislation
• Represent the Superintendent in administrative hearings regarding employees
• Negotiate with opposing counsel to resolve disputes involving our employees and students
• Train staff members regarding legal issues
• Coordinate outside counsel and oversee legal fees
• Advise on a variety of legal issues, including employment disputes, students’ first amendment rights, contracts for instructional materials and software, subpoenas, and new legislation.

The office is not able to provide legal advice to parents or the general public. 

Public Records

Public Records plays a crucial role in ensuring transparency, privacy, and compliance within the school district. Public Records is responsible for handling two types of requests: VFOIA (Virginia Freedom of Information Act) and FERPA (Family Educational Rights and Privacy Act) requests.

• VFOIA Requests: VFOIA grants the public the right to access certain government records. When individuals or organizations submit VFOIA requests to FCPS, they are seeking information related to the operations and decisions of the school division. Public Records reviews and processes these requests in a timely manner.
• FERPA Requests: FERPA is a federal law that protects the privacy of student education records. When FERPA requests are made, Public Records works to strike a balance between the right to access certain student records and the duty to protect the privacy and security of that information.