Legal Challenge Emerges Over Portsmouth Schools Hosting Political Rally at No Cost

Legal Challenge Emerges Over Portsmouth Schools Hosting Political Rally at No Cost

A nonpartisan public interest law firm has initiated a call for a criminal investigation into Portsmouth Public Schools after allegations surfaced that the school district used taxpayer funds to organize a political rally for Democratic candidate Abigail Spanberger. This event took place at I.C. Norcom High School in August without any rental fee.

The Liberty Justice Center, a firm known for taking on government accountability issues, is seeking an official inquiry into the circumstances surrounding the rally. Spanberger, who clinched the governorship of Virginia last week, was accompanied by the attorney general candidate Jay Jones, now AG-elect.

Brendan Philbin, a senior counsel at the Liberty Justice Center, raised serious concerns about the use of public resources. He stated, “This is a gross misuse of public money and resources. Teachers, maintenance staff, and other personnel should be preparing for the new school year instead of dedicating their time and resources to host a political event like this.”

Philbin further detailed how Virginia law interprets the misuse of public assets. He cited that utilizing public resources for private or personal uses could potentially result in felony charges if the value exceeds $1,000.

Allegations of Misusing Public Assets

The Liberty Justice Center making its legal appeal highlights the breach of Virginia law 18.2-112.1(B), which addresses the misuse of public assets. According to this statute, public assets include property owned or funded by the state or localities.

The law defines public assets as personal property or labor not authorized for personal benefit. The statute reads, “Any full-time officer, agent, or employee who uses or allows the use of public assets for non-official purposes, exceeding $1,000 within 12 months, risks being charged with a Class 4 felony.”

The Liberty Justice Center claims the services provided for the political event surpassed the $1,000 threshold, citing the cost of renting rooms, teachers who were on duty, and the necessary labor and time from school staff to prepare the venue.

Details of the Event and Further Violations

Email correspondence between the campaign and the school indicated that Teesha Sanders, the principal of I.C. Norcom, had indeed offered classrooms to accommodate the campaign should there be any issues with soundproofing or space.

The rally coincided with the first day of teacher work periods—time typically allocated for lesson planning and preparing for the upcoming school year. Teachers were required to be present at work while summer vacation had ended.

Ethical Accusations Against Spanberger

The organization also accuses Spanberger of violating Virginia law regarding the reporting of campaign contributions. Specifically, they cite her lack of disclosure for the in-kind contribution from the school district.

According to the state law, campaign committees must itemize contributions exceeding $100, inclusive of both cash and in-kind support. The failure to report such contributions can warrant further legal scrutiny.

The Unfolding Investigation

The allegations regarding the misuse of public funds first emerged following a Freedom of Information Act (FOIA) request, which revealed the school district’s defense—that the rally was a closed event and that fees were waived because the facility was already in use.

However, investigations following the FOIA request revealed contradictory information. A campaign representative for Spanberger shared a publicly accessible invitation link for the rally with Dr. Jerry L. Simmons, the chief operations officer of Portsmouth Public Schools, urging him to distribute it among teachers interested in attending.

A spokesperson from Portsmouth Public Schools stated that the organization was unaware that the event was affiliated with a political campaign. Initially, the school perceived it to be an educational gathering. Once the true nature of the event became apparent, the principal instructed staff members not to participate.

The school district’s administration has since committed to reviewing its policies and practices to prevent similar occurrences in the future. They aim to ensure that all actions align with Board policies and state regulations.

District’s Position and Response

Portsmouth Public Schools clarified that the rally was not accessible to the general public and that there were no charges for attendance since the facilities were already operational. The district mentioned that the security arrangements for the event were coordinated through the Spanberger campaign.

The Liberty Justice Center formally reached out to Attorney General Jason Miyares and Portsmouth Commonwealth Attorney Stephanie Morales to request a criminal investigation. However, they have yet to receive feedback regarding whether such an investigation is underway.

Awaiting Legal Developments

As of now, Fox News Digital has sought comments from Miyares, the Portsmouth Public Schools, I.C. Norcom High School, Dr. Simmons, and the Portsmouth Commonwealth Attorney. Unfortunately, responses were unavailable by the time of publication.

The implications of this situation may extend beyond Portsmouth Public Schools, threatening to ignite broader discussions regarding the utilization of public educational resources for political agendas. The unfolding investigation has the potential to highlight significant issues related to transparency and governance in public school systems across Virginia.