Prince William schools FOIA case continued

PRINCE WILLIAM COUNTY, Va. -- Mark Hjelm’s fight to obtain visitor information from Prince William County Public Schools will have to wait a little longer.

Scheduled during a busy Tuesday docket, Hjelm’s writ of mandamus hearing was not heard and instead, the case was set for trial on April 14.

A writ of mandamus is when a court can compel a lower court or government officer to perform mandatory or purely ministerial duties correctly.

Denied several times in his efforts to obtain visitor information at three area high schools during the 2007-08 school year, Hjelm is asking for copies of or an opportunity to inspect the information he has requested, for the schools to pay his legal fees and court costs and for the court to impose a civil penalty on school superintendent Steven Walts.

The battle for visitor information started in December of 2007 when the Woodbridge resident sent FOIA requests to the schools requesting all visitor identification at Woodbridge, Freedom and Gar-Field High Schools collected by the Division’s Visitor Identification System during the first week of the month.

The VIS, which is in place at every school in the county, requires visitors to present their driver’s licenses or passports to security staff, who then scan the documents and check for sex offender status.

Hjelm also requested a copy of the contract with Raptor, the company responsible for the software. He claims that the system is not an effective tool for protecting students from potential harm-doers and is concerned about a third-party having access to personal information.

His requests were denied by the schools with the school attorney citing exemptions in FOIA law. After the denial, he requested the schools send him a copy of all attorney’s fees relating to his previous FOIA request.

The district again denied him with its legal representation stating that it wouldn’t be able to separate its fees due to its “block” billing.

In the last 12-plus months, Hjelm chose the legal route by submitting three writ of mandamus requests.

The first was denied because the court determined that Hjelm did not given prior notification. In the second case last summer, he was again denied because he named the incorrect party in the request.

Hjelm should have named the school board instead of Prince William County Public Schools as the respondent to the request, according to judge Steven S. Smith.
Schools spokesman Keith Imon said there have been 14 individuals on the sex offender list cited by the Raptor system since its inception in 2007, including three this school year that were considered violent.

Non-violent offenders are legally allowed on school property but must be in the company of a staff member at all times. Violent offenders are only allowed per court order.

The program cost $129,062 to install in all of the county’s schools, according to Imon. The data base fee and visitor badge cost total $47,348 a year.

Staff writer Kipp Hanley can be reached at 703-878-8062.