The Virginia Court of Appeals has upheld the dismissal of a teacher's appeal against the Fairfax County School Board (FCPS) regarding a grievance determination. Valeria L. Foarce, who filed the grievance, argued that the circuit court erred in dismissing her case due to a lack of subject matter jurisdiction. The ruling, issued on November 4, 2026, clarifies the boundaries of the grievance process for school employees in Virginia.

This decision affects teachers and other employees within the FCPS and potentially sets a precedent for how grievances are handled in Virginia's educational system. It emphasizes the importance of following established grievance procedures and the limitations of judicial review in such matters.

Background

Valeria L. Foarce is a teacher employed by the Fairfax County School Board. She filed a grievance on March 31, 2025, claiming discrimination in the hiring process by a principal. Subsequently, she filed another grievance alleging retaliation, stating that the principal had improperly placed a record of her protected opposition in her personnel file.

Foarce asserted that there were significant procedural violations during her grievance process, including a reversal of the burden of proof during her initial appeal. After her grievances were not resolved through the initial steps, she appealed to a superintendent's hearing officer. Following that, she submitted a petition to the circuit court to review FCPS's final decision, which she claimed was arbitrary and capricious.

The Ruling

The Court of Appeals of Virginia, comprising Chief Judge Decker and Judges AtLee and Callins, ruled against Foarce. The court found that the circuit court correctly dismissed her petition for lack of subject matter jurisdiction. The court stated, "Foarce seeks to appeal FCPS’s final decision on the merits of her grievance, which the circuit court does not have jurisdiction over and cannot review."

The court emphasized the distinction between a grievance's grievability and the merits of the grievance itself. It noted that while the circuit court has jurisdiction to hear appeals regarding whether a matter is grievable, it does not have the authority to review the final decisions made by school boards on the merits of grievances.

Impact

This ruling reinforces the procedural framework for handling grievances within Virginia's school systems. It clarifies that teachers and school employees must follow specific grievance procedures and that the courts will not intervene in the merits of grievances unless there is a clear jurisdictional issue.

The decision may impact future grievances filed by teachers within FCPS and other Virginia school systems, as it underscores the importance of adhering to established grievance protocols. Employees must understand that adverse decisions on grievances do not necessarily equate to a lack of grievability and that the courts will not review the merits of their cases.

What's Next

Foarce has the option to seek further legal recourse, but the ruling limits her ability to appeal the merits of her grievance. There are currently no related cases pending that could influence this ruling, but it may set a precedent for similar cases in the future.