Downtown
Advocates of police reform frustrated by Democratic leadership during General Assembly session
Virginia has made headlines in recent months for criminal justice reform measures but advocates say more needs to be done. They are disappointed lawmakers in both chambers of the General Assembly recently killed proposals to reduce qualified immunity protections for police officers.
By Josephine Walker
Virginia has made headlines in recent months for criminal justice reform measures but advocates say more needs to be done. They are disappointed lawmakers in both chambers of the General Assembly recently killed proposals to reduce qualified immunity protections for police officers.
State lawmakers so far this session have advanced bills to legalize marijuana, remove mandatory minimum sentences and abolish the death penalty. During the special session called last year, the General Assembly banned police from using no-knock search warrants and chokeholds.
Qualified immunity shields government officials from civil liability while performing duties in their line of work as long as their actions don’t violate “clearly established statutory or constitutional rights of which a reasonable person would have known,” according to a Congressional Research Service report.
House Bill 2045, introduced by Del. Jeff Bourne, D-Richmond, would have given citizens the power to pursue damages in state civil lawsuits where their rights were violated by a law enforcement officer. The bill also placed a cap on an individual officer’s liability. Bourne’s proposal was tabled 6-2 in the House Courts of Justice subcommittee.
Senate Bill 1440, sponsored by Sen. Scott Surovell, D-Fairfax, was a narrower proposal that provided a path for lawsuits when an officer used excessive or deadly force and neck restraints. The bill died in the Senate Judiciary Committee in a 9-5 vote.
Qualified immunity is a federal doctrine established by the Supreme Court in 1982. A state legislature can’t repeal qualified immunity, but proponents of ending the practice have asked local and state governments to create legislation allowing citizens more freedom in pursuing lawsuits against police misconduct.
During a subcommittee hearing, Bourne questioned opponents of his bill who he said consider themselves to be proponents of constitutional rights and law and order.
“It seems when we’re talking about this, and when we’re talking about people getting hurt and their constitutional rights deprived by law enforcement officers,” Bourne said. “The story becomes different.”
Princess Blanding is a gubernatorial candidate who has advocated for criminal justice reform since the death of her brother, Marcus-David Peters. Peters was naked and unarmed when he was shot by a police officer on the side of a highway. Peters charged at the police officer who deployed his Taser and then shot Peters at least twice. Peters was experiencing a mental health crisis, according to his family.
Blanding said eliminating qualified immunity is a necessary step to end discrimination and achieve racial justice in the commonwealth.
“It’s like no matter what we do to prep our kids, our loved ones, it is still going to be our fate because of the pigmentation of our skin, coupled with the fact that there is no accountability,” Blanding said. “To me, that’s the harsh reality.”
Kalia Harris, co-host of the show Race Capitol and co-executive director of the Virginia Student Power Network, or VSPN, said she was “extremely disappointed” when a judge dismissed her organization’s lawsuit against local government and local and state police. VSPN said city leaders and law enforcement violated the group’s right to free speech, assembly and protest. Last June, VSPN students hosted an overnight teach-in outside Richmond City Hall. After several hours, the Richmond Police Department declared the event an unlawful assembly and discharged teargas and rubber bullets at the protesters.
“That night is still on replay in my head,” Harris said during the House subcommittee meeting. “Words can’t explain the trauma that we experienced.”
Blanding said it’s difficult for victims of police brutality to get lawyers to take on a qualified immunity case due to the power of police unions and the relationship of prosecutors to officers.
Blanding also said if the number of positive interactions the public has with officers outweighs the instances of police misconduct, the few suits alleging misconduct should not have an issue proceeding to court. It is important to recognize that police misconduct causes irrefutable damage and changes families lives’ forever, Blanding said.
“What we have to understand is that, when you take somebody’s life, you can’t take out the magic eraser, and erase it and try it again,” Blanding said. “You cannot press restart.”
Harris said the ability to sue law enforcement agents for misconduct was the “bare minimum” of a judicial system that works for everyone.
“It doesn’t mean that they’re going to all be convicted,” she said. “It does mean that folks are able to see their day in court.”
Police officers do not qualify for qualified immunity if they can not demonstrate the actions that they took were reasonable, said Wayne Huggins, the executive director of the Virginia State Police Association. He said officers must prove they upheld the U.S. Constitution, the laws of the commonwealth and the policies of their individual department.
“The word that needs to be focused upon and understood is qualified,” Huggins said. “We have to qualify for that immunity.”
Officers can be denied qualified immunity if the Supreme Court or local federal appeals court finds another officer’s conduct under the same circumstances is illegal or unconstitutional, according to the Institute for Justice. The officer automatically qualifies for immunity if a case with the same circumstances does not exist.
Martin, Harris and Blanding said they hope to see legislation reducing qualified immunity protections introduced again. This is the second time that Bourne’s qualified immunity measure failed.
Harris said the “Democratic trifecta” means very little to her if Democrats don’t use their majority to pass progressive legislation that voters support. All 100 of Virginia’s House of Delegate seats are up for reelection in 2021. Harris said legislators unwilling to pass comprehensive police reform will face progressive challengers this June.
“If they’re not passing meaningful legislation, then we have to really push what it means to be blue, and start to think further outside of the box,” Harris said.
Downtown
Feds identify ‘significant’ ongoing concerns with Virginia special education
After failing to meet federal requirements to support students with disabilities in 2020, the Virginia Department of Education will remain under further review by the federal government after continuing to fall short in monitoring and responding to complaints against school districts, according to a letter from the U.S. Department of Education.
By Nathaniel Cline
After failing to meet federal requirements to support students with disabilities in 2020, the Virginia Department of Education will remain under further review by the federal government after continuing to fall short in monitoring and responding to complaints against school districts, according to a letter from the U.S. Department of Education.
“We have significant new or continued areas of concerns with the State’s implementation of general supervision, dispute resolution, and confidentiality requirements” of IDEA, stated the Feb. 17 letter from the Office of Special Education Programs.
The U.S. Department of Education first flagged its concerns in a June 2020 “Differentiated Monitoring and Support Report” on how Virginia was complying with the Individuals with Disabilities Education Act, following a 2019 visit by the Office of Special Education Programs.
IDEA, passed in 1975, requires all students with disabilities to receive a “free appropriate public education.”
The Virginia Department of Education disputed some of the federal government’s findings in a June 19, 2020 letter.
Samantha Hollins, assistant superintendent of special education and student services, wrote that verbal complaints “are addressed via technical assistance phone calls to school divisions” and staff members “regularly work to resolve parent concerns” by providing “guidance documentation” and acting as intermediaries between school employees and parents.
However, some parents and advocates say systemic problems in how the state supports families of children with disabilities persist. At the same time, a June 15, 2022 state report found one of Virginia’s most critical teacher shortage areas is in special education.
“Appropriate policies and procedures for both oversight and compliance, and their implementation, are crucial to ensuring that children with disabilities and their families are afforded their rights under IDEA and that a free appropriate public education (FAPE) is provided,” said the Feb. 17 letter from the Office of Special Education Programs.
While the U.S. Department of Education wrote that it believes the Virginia Department of Education has resolved some of the problems identified in 2020, including resolving complaints filed by parents and creating a mediation plan, it said it has identified “new and continued areas of concern” and intends to continue monitoring Virginia’s provision of services for students with disabilities.
Among those are ongoing concerns over the state’s complaint and due process systems that “go beyond the originally identified concerns” originally found. The Office of Special Education Programs writes it has concluded Virginia “does not have procedures and practices that are reasonably designed to ensure a timely resolution process” for due process complaints.
The department also said it has concerns over the practices of at least five school districts that are inconsistent with IDEA’s regulations.
The decision comes after the U.S. Department of Education announced in November that Fairfax County Public Schools, Virginia’s largest school district, failed to provide thousands of students with disabilities with the educational services they were entitled to during remote learning at the height of the COVID-19 pandemic.
Virginia is also facing a federal class-action lawsuit over claims that its Department of Education and Fairfax County Public Schools violated the rights of disabled students under IDEA.
Parents involved in the case said the Virginia Department of Education and Fairfax school board “have actively cultivated an unfair and biased” hearing system to oversee challenges to local decisions about disabled students, according to the suit.
Charles Pyle, a spokesman for the Virginia Department of Education, said in an email that “VDOE continues to work with our federal partners to ensure Virginia’s compliance with all federal requirements, as we have since the ‘Differentiated Monitoring and Support Report’ was issued in June 2020.”
The federal government said if Virginia could not demonstrate full compliance with IDEA requirements, it could impose conditions on grant funds the state receives to support early intervention and special education services for children with disabilities and their families.
Last year, Virginia received almost $13.5 billion in various grants linked to IDEA, according to a July 1, 2022 letter to former Superintendent of Public Instruction Jillian Balow, who resigned on March 9.
James Fedderman, president of the Virginia Education Association, blasted Gov. Glenn Youngkin’s administration after the findings were released.
“While the Youngkin administration has been busy waging culture wars in schools, his administration has failed to meet basic compliance requirements with the U.S. Department of Education for students with disabilities,” Fedderman said. “This failure threatens our federal funding for students with disabilities and is a disservice to Virginia families who need critical special needs support.”
Downtown
Richmond 911 callers can soon provide feedback on calls for service via text message
Beginning March 20, those who call 911 with some types of non-life-threatening emergencies will receive a text message within hours or a day after the call with a short survey about the service they received on the call.
Some 911 callers in Richmond will begin to receive follow-up text messages next week asking for their ranking of the service they received and additional information.
Beginning March 20, those who call 911 with some types of non-life-threatening emergencies will receive a text message within hours or a day after the call with a short survey about the service they received on the call.
The Richmond Department of Emergency Communications, Preparedness and Response is using the feedback from callers as another way to ensure that it is continuing to deliver excellent emergency services to Richmond.
“It is very important that those who receive the text message answer the questions as accurately as possible, based on the service they received on the call, not on the response from first responders with different agencies,” said Director Stephen Willoughby. “We use the feedback that callers provide to monitor and improve our 911 services to Richmond residents and visitors, as well as the other measurements of service that we have in place.”
Those who would like to offer feedback, but do not receive a text message, are encouraged to email [email protected] or call 804-646-5911. More information about offering commendations or filing a complaint is on the department’s website athttps://www.rva.gov/911/comments. In addition, the department conducts a full survey of adults who live, work and study in Richmond every two years. More information about those surveys and results are at https://www.rva.gov/911/community-outreach.
The Department of Emergency Communications, Preparedness and Response is using a third-party vendor, PowerEngage, to send the text-message surveys and report the results. Text messages may be sent for other uses in the future.
More information about the text-message surveys, from the news release:
- The answers that callers provide in the text message have no effect on the service provided to that caller.
- Callers who do not want to participate in the text-message survey would simply not respond to the text message. They also may reply STOP to opt out of future text surveys from DECPR.
- Callers should not use the surveys to report any other emergency or request help. They would need to call or text 911 for immediate help. To file a police report or request nonemergency public safety help, call 804-646-5100. For other city services, call 311, visit rva311.com or use the RVA311 app.
- Those who have further questions or would like to request a call-back from a staff member about the survey or their experiences, may email [email protected].
- More information about the after-call survey is at https://www.rva.gov/911/survey.
Students in 9th-11th grade can apply to join the next cohort of this summer’s Atlas Artist Residency—an 8-week art intensive giving teens the opportunity to develop artistic skills while working alongside professional artists in a creative and collaborative environment. 10 teens will be selected to participate and awarded personal art-studio space, a program stipend of $1350, materials, and the opportunity to expand their portfolio of work and bolster their resume for college applications.
Applications are open through March 16, 2023.
Head to https://www.art180.org/student-artist-residency for the details and to submit your application!
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