controversy

New docs show APS had no formal contract with Kaiser, which admits it ‘dropped the ball’

By Jo DeVoe
AEA members protest the Kaiser contract termination during the Thursday, Oct. 12 School Board meeting (staff photo by James Jarvis)

Threads from the decision to change insurance providers for Arlington Public Schools staff continue to unravel.

When APS entered a new contract with CareFirst Blue Cross Blue Shield this year, ending a 36-year relationship with Kaiser Permanente this September, it drew the ire of teachers, retired and active.

Stressed by having to find new providers mid-year, some criticized APS leadership for being opaque and disrespectful. APS apologized to staff for how it went about providing this information.

The most recent revelation is that APS says it has no record of a formal contract with Kaiser Permanente, with whom it instead had yearly extension agreements.

The healthcare provider, however, says it was under the impression it had a continuously operating contract since 1986 but ultimately conceded to APS that it “dropped the ball,” according to correspondence between the school system and the company, provided to ARLnow.

“The traditional way of entering into an agreement for the services provided by Kaiser would be for the two parties to sign an agreement,” a school system spokesman said. “However, there is no record of this happening. Instead, the services were renewed annually through a renewal rate sheet provided by Kaiser.”

Kaiser does not see it that way, though. The provider says it has operated “under a sole source contract” continuously since 1986 and that this contract was amended in 2022 to include three one-year extensions, according to a September letter from Kaiser to APS, provided to ARLnow. The letter requests APS reverse course on its decision.

APS submitted Requests for Proposals in December and again in January because its annual extension with Kaiser was coming to a close, as was a concurrent agreement with Cigna. It initially sought one provider but rewrote the RFP to allow for two contracts and extend the deadline.

APS ultimately awarded the deal to CareFirst and did not receive a bid from Kaiser. Citing procurement rules, it maintains it could not reach out to Kaiser directly for a bid during this time.

APS also disputes Kaiser’s characterization that the agreement was a “sole source contract,” or, one that is issued outside a competitive bidding process because only one company is able to provide the requested services.

The argument that Kaiser could enjoy this privilege is that, unlike traditional health insurers, it provides the bulk of the healthcare services itself. APS, however, says “it would be impossible” to recommend a sole source contract with Kaiser because there is competition, as evinced by the several proposals it received.

In its plea to APS to reverse course, Kaiser points out the school system did not mention a forthcoming termination when it confirmed services would extend through 2023. This confirmation letter, provided to ARLnow, is sparse, informing Kaiser of the renewal through Dec. 31, 2023 and noting “all other terms and conditions shall remain unchanged,” with no mention of available extensions.

In response, APS told the company it has no record of a two-way agreement and that it cannot reverse course.

“APS is not able to show that a two-way agreement was issued between APS and Kaiser for the Services,” the letter said. “In an attempt to provide a more formal structure to the renewal process, a two-party amendment was introduced in 2023… There is no mention of it being a second extension.”

In a follow-up email, the provider noted its team “dropped the ball” and requested further conversations to understand what went wrong.

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NEW: Nottingham will not be a ‘swing space’ for upcoming school renovations, says APS

By Jo DeVoe
Nottingham Elementary School (via Google Maps)

Nottingham Elementary School will not become a swing space for other schools slated for renovations, according to Arlington Public Schools.

The administration came to this conclusion last night in a “Committee of the Whole” meeting during a preview of a forthcoming report outlining the schools in need of extensive renovations.

This report found none of the schools recommended for renovations need Nottingham to become a swing space “at this time,” per an email sent to families this morning, Wednesday, and shared with ARLnow. The email assured families the swing space proposal will not be included in the Capital Improvement Plan for 2025-34.

“There may be a need for swing space for future projects, and any swing space proposals will be communicated well in advance,” the email said. “Moving forward, a more in-depth feasibility study of any school needing major construction or renovation will be completed prior to determining when and if swing space will be needed, or if there are alternative ways to manage the project.”

This decision closes a chapter of heartache for Nottingham families and staff, opened this spring when APS proposed closing Nottingham, in the Williamsburg neighborhood at 5900 Little Falls Road, and making it a swing space as early as 2026.

APS said it chose this school because it would cost the least to retrofit compared to other schools, county facilities or commercial buildings, and because this approach would be more fiscally responsible than building a new school.

The backlash from current and future Nottingham parents was swift. Some argued APS made the decision on faulty projections of falling enrollment and criticized the system for releasing this information before a renovation plan was ready.

“This entire fiasco could have been avoided if they had waited to get the results of this report,” parent Kiera Jones told ARLnow today. “A ton of time, energy, and stress for nothing.”

“The process was completely out of order,” parent Malini Silva added.

Jones called on APS to “rehaul… their approach to projects and how they treat their stakeholders.”

This includes how APS treats teachers, according to parent Jennifer Loeb and June Prakash, the president of the teachers union, Arlington Education Association.

Teachers felt demoralized and angry after a meeting last month with administrators about the swing space proposal, Loeb told ARLnow. Prakash told the School Board the same thing earlier this month.

“The actions of the current cabinet over the past few weeks highlight exactly why one joins the union,” Prakash said, citing how teachers felt after the “botched informational session” about Nottingham and pending healthcare changes that roiled current and retired teachers.

Prior to the forthcoming report, the Arlington County Council of PTAs predicted APS would not have sufficient funding for the large-scale renovations that would require a swing space.

This was confirmed during the discussion of the renovations report, which found APS has funding for five large-scale projects, Jones said.

During the meeting last night, Loeb said administrators discussed how APS would not know if it truly needs a swing space until it conducts deeper studies of buildings set for renovations and contractors weigh in.

These studies take a year and would not begin until next fall, meaning APS would not know if a swing space were necessary until two years from now.

“You’re talking about work that is happening years from now, but they told Nottingham six months ago ‘It’ll be you,’ when they had none of the necessary data,” she said.

This morning, when parents were walking their kids to school, Loeb said everyone “looked relieved.”

“We can get back to being a community now. We can get back to building our school and really investing in our school community again,” she said. “We have space and breathing room to do that now.”

Arlington teachers decry impending healthcare changes as a ‘catastrophe’

By Jo DeVoe
1/8

Over the course of an hour last night, Arlington Public Schools teachers excoriated the School Board and central administration for how they are handling what some call a healthcare catastrophe.

On Dec. 31, APS staff will lose the healthcare they receive from Kaiser Permanente and Cigna through APS, to be replaced in January by CareFirst BlueCross BlueShield.

Many current and retired staff say this change will upend the Kaiser healthcare teams they have built for themselves and their families over several years and in some cases, decades.

APS says it solicited bids from healthcare vendors and received four proposals, including CareFirst, the vendor it ultimately selected — but not Kaiser.

The school system first announced the change on Sept. 20 and the response was swift. Teachers spoke up at the subsequent September School Board meeting and ARLnow received at least a dozen emails from staff who were upset and confused by the change.

These feelings reached a boiling point on Thursday despite efforts from APS to smooth things over. APS held a “resource fair” with CareFirst representatives and Human Resources staff to help understand their benefits and enroll but according to the teachers union, the Arlington Education Association, this did not ease the anxiety of the nearly 400 people who showed up — some of whom were turned away.

“This disrespectful treatment of staff, lack of response and inappropriate responses from HR and lack of transparency on issues that not only affect staff but students and families, is disheartening,” says teacher Tricia Zipfel.

When teacher Marnie Lewis took the microphone at the School Board meeting, she began crying but eventually rallied to encouragement from colleagues in attendance.

“This [change] really took me to my knees,” she said. “I can’t believe I’m here. I’m here because this is how upset I am. I used to love working here, I was proud to work here and I’m not feeling that anymore… I would just like it if someone could answer my emails and questions. That would be great.”

Teacher Heidi Haretos, who recently moved from North Carolina to Arlington, asked central office and the School Board: “If your wife, daughter, husband or son had a serious health condition, and had a trusted medical team supporting them through Kaiser, would you have made this decision?”
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A restrictive covenant used to block a duplex also barred non-white people from buying or renting it

By Jo DeVoe
1313 N. Harrison Street frontage, with an excerpt of restrictive covenants from its 1938 deed (by ARLnow)

Using a restrictive covenant in a 1938 deed, neighbors in the Tara-Leeway Heights neighborhood convinced a developer to build a single-family home instead of a duplex.

The home, 1313 N. Harrison Street, is not far from a wall that separated the historically Black neighborhood of Hall’s Hill from single-family-home subdivisions originally built exclusively for white people.  In addition to specifying that only one home can be built on the lot, a second provision in the deed bars owners from selling to people who are not white.

This second provision came to light this week after ARLnow and Patch reported on the neighbors convincing the developer to back down from building a two-family home. A copy of the deed circulated on social media shortly after and ARLnow obtained a copy from Arlington County Land Records Division to confirm its authenticity. 

While racially restrictive covenants were rendered unenforceable by a 1948 U.S. Supreme Court ruling and illegal by the Fair Housing Act of 1968, many homeowners never scrubbed them from their deeds, according to local researchers who are mapping racially restrictive covenants in Arlington. Thus, in some cases, they exist alongside separate covenants restricting multifamily construction.

Using the covenant against multifamily housing appears to be a valid workaround for neighbors and Arlington County says it has no legal role in how these covenants are used between private parties. The county began approving 2-6 unit homes in previously single-family-only neighborhoods two months ago, but this is the first instance ARLnow knows of where such a document was used in this way. 

Their use, however, resituates one of the initial reasons Arlington County said it embarked on the housing policy changes in the first place: to right historical wrongs caused by racism. It provoked the ire of some Missing Middle advocates, including the Arlington branch of the NAACP, which is calling on the county to address the issue.

“The whites-only restriction can’t be disentangled from the one-house restriction; they were meant to work together, with the purpose and effect of excluding people of color,” said Wells Harrell, the chair of the housing committee of the NAACP, in a statement. “It is profoundly disappointing to see restrictive covenants from the Jim Crow era being invoked to block new housing and exclude families today.” 

Several months ago, Arlington resident Stephanie Derrig identified these covenants as a way property owners could block Missing Middle-type housing from being built in their neighborhood.

She told ARLnow this week that she does not support the racist elements of restrictive covenants. At the same time, she sticks by her belief that a “restricted deed is a land use tool… to protect your largest investment, in many cases.” 

YIMBYs of Northern Virginia leader Jane Green and Former Planning Commissioner Daniel Weir, both supportive of Missing Middle, take the view of the local NAACP that the two restrictions are part of one legal document, written with exclusionary intent. 

Whether these provisions can be separated is a legal question — and a thorny one, at that, according to Venable land-use attorney Kedrick Whitmore. 

When a court rules part of an agreement is unenforceable, the court does not rewrite the agreement to be legal, he said. This principle might affirm the initial view of the developer, BeaconCrest, which argued — before backing down and deciding to build a single-family home — that the document seems unenforceable. 

On the other hand, courts do not want to remove other rights and obligations for which two parties negotiated. This means the court could uphold the rest of the agreement, giving credence to the arguments made by the neighbors. 

“This is not exactly cut and dry,” Whitmore said. “You could make arguments either way. If you went to court, the stronger argument is for the non-racially restrictive elements to remain valid. But again, that’s a question.” 

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Arlington County responds to lawsuit alleging Missing Middle changes decided illegally

By Jo DeVoe
Arlington County government headquarters (staff photo by Jay Westcott)

Arlington County has filed a response to the Missing Middle lawsuit against it.

Ten residents are suing the county, arguing that the recently-passed zoning changes known as Missing Middle were approved illegally and would allow development that harms their lives.

In a response shared with ARLnow, dated last Tuesday, May 23, the county argues that the plaintiffs did not prove they, in particular, will be harmed by any new development. It also disputes the claims that the county broke specific provisions in Virginia law related to zoning deliberations and meeting procedures.

Now that both sides have made their cases in writing, a hearing in the civil division of Arlington County Circuit Court is set for July 11 at 10 a.m. In other recent zoning battles in Virginia courts, the lower courts ruled in favor of the county government, while the state Supreme Court overturned those decisions.

The complaint against the county was filed in April, about a month after the Arlington County Board ratified zoning changes that allow the construction of 2-6 unit homes on lots previously zoned for single-family homes.

The plaintiffs complained their property values will be hurt and their quality of life diminished by any new “Expanded Housing Option” or EHO development.

They also said the Arlington County Board failed to properly advertise what was being considered and did not do the due diligence needed to understand the impact of increased density on the neighborhood level.

Arlington County is challenging the legitimacy of the lawsuit, asking the court to rule that the facts of the Missing Middle saga invalidate the claims and dismiss the case so it cannot come before the court again.

On substantive grounds, the county challenges the 10 residents, saying they failed to show the zoning changes will burden them such that the county must provide relief.

For instance, the plaintiffs predicted several negative impacts as a result of the change: increased flooding, sewage backups, school overcrowding and difficulty driving on narrow streets cramped with cars parked on the street. Arlington County says that is speculative at best.

“No property has been developed under the terms of the Zoning Amendment, and any allegations of harm are pure speculation,” the county said in its lawsuit. “The court cannot be asked to issue an advisory opinion based on hypothetical facts.”

The 10 residents also say the Arlington County Board did not consider a long list of societal impacts of which state code requires consideration prior to zoning code changes.

Just because it did not conduct the “special studies or investigations” the plaintiffs claimed were necessary does not mean the factors were not considered at all, Arlington County argues.

“The Board Report, the testimony of the County’s professional staff, and the testimony of the members of the County’s Planning Commission, Housing Commission, Transportation Commission and other advisory commissions and public speakers shows that the County Board adequately considered the factors in [state code],” the suit says.

The plaintiffs also claim the county exceeded its authority when it instituted tree canopy requirements tied to the number of units on a property. They said it violates the Dillon Rule to require more than what is required in the Chesapeake Bay Preservation Ordinance.

Arlington County sees it differently.

“The county amended its zoning ordinance to create an incentive for tree plantings in exchange for increased density, as permitted through its power to administer incentive zoning,” it says.

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The fight over the future of one of Arlington’s largest ‘Buy Nothing’ groups

By Jo DeVoe
Buy Nothing project banner (via Buy Nothing Arlington (Northwest), VA/Facebook)

Thursday morning, Marsea Nelson woke up to a foreboding text from a friend.

He told her “he didn’t have ‘My Buy Nothing Facebook group got too political’ on his 2023 Bingo card,” she tells ARLnow.

Arguing that a local Facebook group for giving and receiving free stuff had gotten too big to be effective, the page’s volunteer admins have embarked on a process to splinter into smaller, more neighborhood-specific groups. The group currently serves a number of northern Arlington neighborhoods, plus some just outside of Arlington’s borders.

Just as they were about to launch the new groups and archive the legacy one, the group founder, Kayla Owen, stepped in and put a stop to it. She revoked their admin privileges, alleging that they had silenced people who disagreed with the plan while intentionally excluded her from the decision making.

She muted other posts and created a poll: split up or stay together? The admins would be reinstated if a majority wanted to move forward with the breakup.

“I can picture reading this in ARLnow,” said a Dominion Hills participant, who requested anonymity. “I think this is the kind of drama the rest of Arlington should read.”

Buy Nothing is a worldwide movement to help people befriend their neighbors while giving away stuff that cannot be sold or donated to a nonprofit. There are thousands of neighborhood-specific Facebook groups and millions of members, including several groups in Arlington.

“Buy Nothing Arlington (Northwest), VA” was experiencing growing pains. The 3,000-member group had boundaries spanning from north of Route 50, all the way to McLean and then over to I-66 and Glebe Road. Some felt that competing for and picking up free stuff was becoming too difficult and theorized that was why some had stopped participating altogether.

While the admins decided four smaller groups were necessary, Owen’s poll found that 75% of respondents did not want to be divided up this way. Poll results in-hand, she decided “Buy Nothing Arlington (Northwest), VA” will remain and discussions of boundary changes will be shelved for now.

“After reading emotional outpourings from members about their sense of loss, I decided that I had to intervene so the community could determine its future direction,” Owen tells ARLnow.

Nelson says she respects this position but sympathizes with the admins, who worked hard on the smaller groups, called “sprouts.”

“It’s so sad, and so silly, that this community people held so dear got so ugly,” she said. “The majority of people wanted the group to stay together so they’re happy to ignore how this all went down.”

ARLnow reached out to some of the affected admins but did not hear back before deadline. Screenshots ARLnow reviewed indicate admins had supporters who criticised Owen’s maneuver and Owen herself for stepping in even though she left Arlington to move elsewhere in Northern Virginia. (For her part, she says Buy Nothing permits out-of-area admins as a “check” on the system.)

“I’m sure [the admins] are pissed,” the Dominion Hills member said. “They probably feel like there’s been a coup.”

On Facebook, one user said Owen’s tactics will turn off people from responding honestly.

“I think people who are turned off by drama will not respond,” the comment said. “Like others, the first word that came to mind was ‘coup.'”

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County Board mulls putting pickleball courts in empty offices and private clubs

By Jo DeVoe
1/9

One person’s vacant building is another’s future pickleball facility.

Not to be topped by a County Board candidate’s suggestion to put pickleball facilities at the condemned Key Bridge Marriott, Board Vice-Chair Libbey Garvey mulled whether vacant office buildings could be retrofitted for courts.

“We’ve got these office buildings that are kind of empty, and we’re trying to figure out what to do with them,” she asked at the Board’s Tuesday meeting. “Is that a possibility?”

Already recognized in some rankings as a great place to play pickleball, Arlington County is looking to add more courts in response to the sport’s booming popularity. But it has found itself in a pickle, balancing pressure to add courts with pressure to address pickleball-related noise and land use concerns from some neighbors.

During the Arlington County Board conversation with the Dept. of Parks and Recreation, members took a diplomatic approach, in contrast to the threats of legal action, accusations of bullying and public urination, and late night TV lampooning that have characterized the ongoing local pickleball battle.

In addition to Garvey’s vision for pickleball taking over vacant office buildings, others floated nudging private clubs to get in on the fun. They said private courts could ease the burden on the local government to add facilities, mute the “pop” the paddles emit and help address the stubborn office vacancy rate.

Such possibilities would require working with Arlington Economic Development, said Dept. of Parks and Recreation Director Jane Rudolph.

“There’d have to be an evaluation with others who understand layouts of office building and warehouses and things and with [Arlington Economic Development] colleagues about what we could be doing in existing private spaces and if they could be built out,” she said.

Arlington Economic Development’s Director of Real Estate Development Marc McCauley told ARLnow that zoning changes the Arlington County Board approved on Saturday do open up opportunities for private pickleball facilities in vacant retail and commercial spaces.

“These private facilities, such as national operator Chicken N Pickle” — a sport, restaurant and event space — “are emerging concepts that could theoretically relieve some demand pressure on use of pickleball courts in public facilities,” McCauley said. “Challenges may include ceiling height, floor plate size and noise attenuation, but those issues would need to be studied by a property owner and potential tenant on a case by case basis.”

Another example is Kraken Kourts, with two locations in D.C. that offer pickleball, axe throwing, roller skating and a rage room — a place to break things to let off steam.

Board Chair Christian Dorsey asked whether DPR has considered how the the county could “encourage some operators to set up some pickleball facilities so that this doesn’t become solely a government responsibility.”

In communities known for their pickleball amenities, Dorsey observed there are major, private indoor-outdoor facilities which sometimes have “really substantial membership costs or drop-in fee costs.”

This includes, Board member Takis Karantonis noted, “some very private places with a lot of tennis courts — a lot of new tennis courts, actually.”

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DEVELOPING: A group of residents is suing the county over Missing Middle

By Jo DeVoe
A sign along Washington Blvd in Westover, in a neighborhood with duplexes (staff photo by Jay Westcott)

(Updated at 1:35 p.m. on 4/26/23) A group of residents has filed a lawsuit in Arlington Circuit Court alleging the zoning changes called Missing Middle are illegal.

The residents say Arlington County ran afoul of state law by rushing through the changes without considering impacts on infrastructure and community resources — a frequent criticism of the years-long policy discussion.

Last month, the Arlington County Board approved changes to the zoning code allowing up to six-unit dwellings on lots previously zoned only for single-family homes. The Board did approve a set of limitations intended to control the pace and impact of development, including parking minimums, permit caps and tree planting requirements.

According to “Arlington Neighbors for Neighborhoods,” a group that issued a press release on behalf of the plaintiffs, that was not enough.

“State law requires that zoning ordinances consider needs for transportation, schools, parks, recreation, and public spaces, as well as the conservation of natural resources,” the statement said. “The law also requires consideration of a locality’s comprehensive plan, which addresses stormwater, sanitary sewer, water distribution and more.”

The group said the lawsuit claims Missing Middle — also referred to by the county as “Expanded Housing Options” or EHO — is “arbitrary and capricious and bears no reasonable relationship to public health, safety, morals or the general welfare, as required by state law.”

(In addition to issuing a press release, Arlington Neighbors for Neighborhoods “has raised funds to support the litigation,” an attorney for the plaintiffs told ARLnow.)

Their lawsuit says the county also violated state law the following ways:

  • The zoning amendment process was not initiated by a proper Planning Commission motion or County Board resolution
  • The zoning amendment was not properly advertised
  • The EHO cap is a special exception to the zoning regulations and requires County Board review of applications
  • The County Board failed to share with the public documents that were furnished to it about EHO
  • The county violated the Dillon rule by knowingly requiring a number of shade trees that exceeds what Virginia allows localities to impose

Their petition asks the Circuit Court to declare that the zoning amendments violate state law and prevent the county from issuing EHO permits.

The allegations that the County Board violated Virginia Freedom of Information Act laws may require a hearing in the coming days, said another anti-Missing Middle group, Arlingtonians for Our Sustainable Future (ASF), in an email newsletter today.

“There will likely be other hearings in the coming months,” ASF said. “Then, of course, there may be appeals. Any complaint in a lawsuit consists of allegations which must be proven in court, and challenging zoning is surely an uphill battle.”

ASF noted that the FOIA allegation resembles a successful lawsuit against Fairfax County that led to the overturn of zoning changes it made two years ago. Last month, the Virginia Supreme Court declared the county’s 2021 zoning modifications void because the new code was adopted at a mostly virtual meeting.

One of the Fairfax County plaintiffs even advised Arlington residents in a post on Nextdoor to file a lawsuit.

“Sue them,” she said in response to a post musing about recalling the Arlington County Board. “We just won our lawsuit… it took two years, but it was worth it.”

In response, two residents pointed out that her victory was on procedural grounds due to how the meeting was conducted.

“It will likely pass again, with in-person public hearings and votes,” said one Donaldson Run resident. “Congratulations, you’ve succeeded in wasting taxpayer dollars and time.”

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Broyhill mansion demolition kicks off with owners fending off vigilante neighborhood preservationists

By Jo DeVoe
1/15

Demolition began this weekend on the 70-year-old Broyhill mansion in the Donaldson Run neighborhood.

The lengths to which some have gone to oppose it, including allegedly impersonating a photographer and stealing tile today (Monday), has left a bitter taste in the mouths of the owners.

The 10-bedroom home at 2561 N. Vermont, near the Washington Golf and Country Club, went on the market last November for $3.6 million after the previous owner died and the beneficiary, the Catholic Prelature of Opus Dei, decided to sell it to a residential buyer, the Falls Church News-Press reported.

As of January, the only interested buyers were husband-and-wife duo Mustaq Hamza and Amanda Maldonado. They purchased the home — described on Redfin as a “jewel [that] unfolds like a diamond necklace” — f0r more than $1 million under asking price, with the intention of knocking it down and building something more suitable for family life.

“The house was built for entertaining, not for raising a family,” Maldonado told ARLnow this morning.

Some however, are upset to see it go. On Saturday, Hamza said people shouted profanities and walked onto the property and demanded materials be set aside.

“That’s not what we expected when we were trying to plan,” he said, adding that now, he and his wife are doing some “soul-searching.”

“Our intention coming here to build the house for our family seems predicated on the fact that this was a nice neighborhood to raise our children in and stay forever,” he said. “It seems not to be the case, and disappointed as we are, we’re open to having been wrong.”

Unwanted visitors — flouting signs saying “private property” and “danger” — continued on Monday afternoon, when ARLnow photographer Jay Westcott was taking photos of the demolition.

When Westcott arrived, he met a man impersonating a photographer, who announced he was “here to take the pictures.” In addition to a camera, he wore a fluorescent vest, a hard hat and a K95 mask, and left in his red Prius with, Hamza says, historically unremarkable tiles and air filters. He says he is considering filing a police report.

The couple insists that the home is not the historical marvel it has been made out to be. They have preserved items inside and given them away if people requested them, the couple said.

“There’s nothing architecturally stunning about the house — it’s a 1950s replica,” Maldonado said. “There’s nothing in the house that can’t be purchased today. We looked to see if there was anything worth preserving and anything that there was, we saved.”

Northern Virginia home builder Marvin T. Broyhill Sr. built the mansion in 1950 after making his fortune building the classic 3-bedroom brick homes that could be bought for $20,000 during the post-World War II housing boom, according to the neighborhood conservation plan for Donaldson Run.

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Arlington teachers blast decision to remove outside locks from staff bathrooms

By Jo DeVoe
Men’s restroom sign at Sequoia Plaza (staff photo)

A controversial decision by Arlington Public Schools to change staff bathrooms so they do not lock from the outside has incited backlash from a number of teachers.

APS is embarking on a “lock and key” project to maintain the safety and security of buildings and “improve the key inventory process” at its 42 school buildings, per an email sent from Washington-Liberty High School Principal Antonio Hall to staff, shared with ARLnow.

As part of that work, single-occupancy staff bathrooms would be changed to only lock from the inside, granting access to students and staff who previously could not use these facilities.

Bathrooms within classrooms and clinics would have no locking mechanism at all, and for these facilities, “it is encouraged that signage be created if desired,” per an FAQ document prepared for staff, also shared with ARLnow.

The changes will “ensure all staff including maintenance, bus drivers, etc. have access without access to a key. In addition, this conversion ensures that all students have access to a single use bathroom regardless of the reason,” the document said.

Staff were informed of these changes on Wednesday and told they would be happening over spring break, which starts after school lets out today (Friday), teachers say. APS was not able to return a request for comment before deadline.

Teachers, some of whom shared comments to ARLnow under the condition of anonymity, say they feel disrespected by administrators. They are also frustrated that administrators made the decision without consulting any of the three teacher committees, according to Josh Folb, a leader within the teachers union Arlington Education Association.

The teachers who spoke to ARLnow said a number of staff restrooms have already been converted into single-use restrooms accessible to all students, prompting concerns that this will give students another place to use drugs.

Here is what one high school teacher had to say:

It is dumbfounding that less than two months after the death of a student due to overdose and countless more incidents of drug usage and risk assessments, the school district [is] determined to apply an overwhelming mandate that increases student risk (not safety) without any input, thought of execution, within a minimal timeline, and what would be assumed as an astronomical cost. All of this on top of the fact that it would now wholly remove any location for teachers to access a private restroom consistently during the already limited time that we do have.

My imagination runs wild at this notion considering we find new Instagram accounts every year created by students where pictures of teachers are unknowingly taken and posted on social media. This move would allow students to do so with literally our pants down.

A Washington-Liberty High School teacher with 25 years of experience told the School Board in a letter, shared with ARLnow, that he was “surprised and dismayed” by the decision.

“The currently shared single-use restrooms are already busy, and teachers have limited time for access, mainly between classes,” he said. “This decision represents a major change in my working conditions and environment… As a professional, do I also have reasonable access to a single-use restroom without having to use a group restroom with high school boys?”

During a speech to the School Board last night, Folb said the safe and orderly operation of the schools depends on teachers having a private place to respond to nature’s call and students not having a lockable space to consume drugs.

“Have we learned nothing?” he asked.

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Arlingtonians celebrate and lament new zoning code as dust settles after historic vote last night

By Jo DeVoe
1/3

(Updated at 11:10 a.m.) Last night, the Arlington County Board took a landmark step to allow the by-right development of 2-6 unit buildings throughout the county.

After the unanimous vote around 6:45 p.m., and additional statements by Board members, the room erupted in cheers from supporters, who shook hands and hugged and high-fived each other. There were, reportedly, a few teary eyes.

A slow trickle of opponents left the room as the meeting wore on, but many remained, swapping their yellow signs against upzoning for blue headstones mourning the burial of the “Arlington Way,” the name for the pathways citizens have for influencing policy-making.

Talk of a policy change like this dates back a decade and, for some Board members, was tied to tearful remembrances of conversations with the late County Board member, Erik Gutshall. After Amazon agreed to come to Arlington, the conversation picked up steam.

Arlington’s first step to increase housing stock was to allow accessory dwelling units. Its second step last night culminated more than two years of study that saw the proposal rebranded and modified to respond to some community concerns such as parking, tree canopy, and the pace of development.

There was lots of celebration on Twitter for the changes, which will go into effect on July 1 of this year.

A theme in the speeches County Board members made last night was that change is already here and county leaders have to respond to make sure the real estate market works for more people who want to live in Arlington.

In a statement from the advocacy group Virginians Organized for Interfaith Community Engagement (VOICE), member Pat Findikoglu echoed this sentiment, noting that the county is already changing, with larger, more expensive single-family homes replacing more modest homes.

“Change in the housing market is inevitable,” she said. “How we shape it to meet new needs and still remain livable is the challenge. VOICE believes this Expanded Housing Options proposal does that.”

Board members made a few more compromises, removing a clause that would allow for fewer parking for homes close to certain bus networks, plus approving a five-year cap of 58 units per year and a method of dispersing allowable units by zoning district.

YIMBYs of Northern Virginia co-founder Jane Fiegen Green accepted these limitations on social media but still heralded the decision as a win. She said the limitations could result in “less housing than otherwise.”

“Our organization is concerned that limitations imposed on the policy will yield fewer homes, without any practical or political benefit,” YIMBYs of Northern Virginia said in a statement. “Yet beyond the zoning changes that will help end racial segregation in the County and bring forth more housing, the Missing Middle campaign has shown our neighbors that restrictions on density and growth damage their community’s ability to be welcoming, inclusive and forward-looking.”

One group opposed to the plan did not acknowledge the concessions in its colorful post-mortem.

“This County Board has plopped a half-baked cake on the table that Arlington residents must now eat,” said Arlingtonians for Our Sustainable Future’s Peter Rousselot. “Arlington County is flying blind on Missing Middle, but it’s Arlington residents who now are headed for a crash landing.”

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