Southampton school board resists countyled forensic audit amid large FOIA request load

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Summary

Superintendent Gwendolyn Shannon and board attorneys told the county the school division will not submit to an unsanctioned forensic audit and said recent state audit found no adverse findings; the division described dozens of broad FOIA requests and said fulfilling them may require hiring outside help.

The Southampton County School Board said Monday it will not cooperate with a county-led forensic audit, after the county—s board of supervisors retained outside counsel and issued a series of document requests.

Superintendent Gwendolyn Shannon said the board has received a large volume of requests under the Virginia Freedom of Information Act and that the school division—s attorneys have told the county the supervisors lack legal authority to mandate a forensic audit. "A forensic audit is an examination of financial records to derive evidence to prosecute a party for fraud, embezzlement, or other financial crimes," board counsel wrote in a letter quoted to the board. The school board said it is unaware of credible information justifying such an inquiry and pointed to the division—s June 2024 independent audit, which the school said produced no adverse findings.

Why it matters: The dispute pits the county—s supervisors against the school board over access to records and the scope of permissible review. Board members and staff warned the requests and any contested audit could strain the division—s budget and staff time during budget season.

Board summary and attorney responses

Dr. Gwendolyn Shannon, the superintendent, told the board that she and school attorneys had exchanged letters with the county after the board of supervisors voted to engage outside counsel and pursue what the supervisors described as a forensic inquiry. School board counsel, identified in meeting remarks as Ms. O'Berry, wrote that Virginia law does not authorize the board of supervisors to compel a forensic audit of the school division and that the division would only cooperate with lawfully initiated audits or requests for information. The board noted the division—s annual audit for the fiscal year ended June 30, 2024, is complete and publicly available on the county website.

Scope and scale of FOIA requests

Board members described dozens of FOIA requests received in December, including two from Mike Peterson, one from Amanda Hall, one from Titus (identified as representing the Tidewater News), and multiple requests submitted by a law firm retained by the board of supervisors. The board read a multi-item list the supervisors' attorney had requested; items included grant applications and monitoring records for Positive Behavioral Interventions and Supports (PBIS) grants, procurement requests from 2020 to present, audit reports from fiscal 2018 onward, budgets from fiscal 2018 onward, records on stipends, documents related to mold remediation and related disputes, and communications regarding Title IV Part B participation and other grants.

Division staff estimated some requests would incur copy and retrieval costs and said fulfilling the volume and breadth of the requests could take months and require hiring additional staff or contractors to compile records without diverting operations staff from instructional duties. The superintendent said one calculation suggested some discrete requests could cost from single dollars ("$7," "$20") up to larger amounts ("$1,089" was cited for one item), and the division—s lawyers are negotiating extensions and clarifications with the requesters.

Board action and next steps

The board said it would not participate in a forensic audit it believes the county lacks authority to demand. School counsel reiterated that any third-party requests for staff interviews or document access must be accompanied by express legal authority and routed through the school board—s counsel. Superintendent Shannon said she had sent a letter seeking to reestablish a liaison committee with the board of supervisors as a forum to discuss budget, capital needs and other matters of mutual concern.

Board members raised budget concerns, saying resources spent on legal fees or additional staffing to respond to requests would reduce funds available for teacher pay and classroom resources.

The board's public materials and the state auditor—s report were cited as available on the county website for anyone seeking the division—s most recent audit findings.

Ending

Board members said attorneys are negotiating deadlines and the scope of the request, and the division will respond to lawful FOIA requests in accordance with Virginia law. The board urged the board of supervisors to use the liaison committee for questions about budgets and capital projects.