CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – The Albemarle County Board of Supervisors is holding a special meeting for Thursday at 6 p.m. at Lane Auditorium where it will meet in closed session to discuss the legal situation facing the county school system.
The meeting will allow the board “to consult with legal counsel regarding specific legal matters requiring legal advice, including the legal implications to the Board of Supervisors and the County of Albemarle government of current issues concerning the Albemarle County Public Schools,” according to a press release sent Wednesday afternoon.
The division has been roiled over the past six months by arrests and resignations that have put it in legal peril while also damaging public trust and confidence in the school system. Most recently, School Board member Jim Dillenbeck resigned on Wednesday, Oct. 7, after a controversial town hall meeting the prior week. Other board members alleged Dillenbeck had violated privacy rights with some of his comments.
The same day as Dillenbeck’s resignation, Albemarle County Police and the Albemarle County Commonwealth’s Attorney’s Office announced the arrests of ACPS’s Deputy Chief Human Resources Officer Brodie Downs and Assistant School Division Counsel & Title IX Coordinator Erin Stone, as well as former Hollymead Elementary School Principal Joe McCauley. All three were charged with three counts of failure to report a case of child abuse.
A Board of Supervisors has limited jurisdiction over a school board according to the Virginia Constitution and Virginia State Code.
Article VIII, Section 7 of the state constitution states, “The supervision of schools in each school division shall be vested in a school board, to be composed of members selected in the manner, for the term, possessing the qualifications, and to the number provided by law.”
Virginia Code 22.1-79 lists, under powers and duties of school boards, that the boards have the sole authority to manage curriculum, school operations, and school personnel.
Scottsville Supervisor Mike Pruitt and Jack Jouett Supervisor Sally Duncan have both spoken out publicly about the scandals facing the school division, which include the arrest of a Hollymead staffer on charges of sexually assaulting children,
“I have felt that it is inappropriate that you do not hear from me as a supervisor as this issue has continued unfurling and so I wanted to take this opportunity to say that,” Pruitt said during an Oct. 7 Board of Supervisors meeting. “I don’t normally like to speak on things when I don’t know what I can do on them. I’m continuing to think about what we can do on this issue, but we are left with few options.
“I just want to say that I join the community in frustration and grief over this disastrous scenario that is unfurling,” he said.
On Sept. 25, Duncan issued a statement alleging a “toxic culture” in the school division’s central office, and suggested racial discrimination as well as retaliatory measures taken against employees who speak out.
“We have an incredible school division. The people who show up day in and day out to teach, guide, and support our children deserve to be celebrated,” Duncan wrote in a statement. “The toxic culture that exists in Central Office must be exposed and rooted out. We all deserve nothing less.”
Duncan said there needs to be a “true formal, transparent, and independent investigation into ACPS leaders that includes a whistleblower process.”
The school division has been under scrutiny since two staffers were arrested. Woodbrook teacher Nicholas Clark was arrested in March on child pornography charges and former Hollymead staff Michael Swiney was arrested in June on 11 felony charges of sex crimes against children.
On June 11, the school board asked Superintendent Dr. Matthew Haas to resign, which he did on June 20. On July 9, McCauley, who had been on administrative leave, resigned.
On July 16, Heidi Gilman Bennett, an outgoing officer with the ACPS Family Council, publicly accused ACPS Assistant Superintendent for Strategic Planning Dr. Patrick McLaughlin of sexual harassment. McLaughlin was placed on administrative leave.
On Aug. 4, the school board chose Richmond-based law firm Harman Claytor Corrigan & Wellman, but many citizens, including Albemarle Republican Committee Chair Phil Riese, objected to that selection because the firm is representing the school district in previous and current litigation.
“It is essential that the whistleblower process and chain of command remains outside the purview of anyone in ACPS,” Duncan said in her statement. “The whistleblower process must allow current and former employees to safely come forward with their concerns about legal wrong-doing or unethical behavior that conflicts with written policy. This investigation also needs to examine the relationship between school board members and Central Office staff.”
Duncan also objected to the selection of David Storm instead of Gilman Bennett to succeed at-large member Allison Spillman as interim member until the end of Dec. 2027.
“The refusal to appoint Heidi Gilman Bennett, the person who has done so much unpaid labor on behalf of the district, and who knows the importance of holding people accountable, sends a message that they are unwilling to do the hard work of honestly dealing with the long-standing serious issues within Central Office,” Duncan said in her statement.
