Fairfax County Public Schools recall, Virginia (2021-2022)
| Fairfax County Public Schools recall |
|---|
 |
| Officeholders |
Laura Cohen Abrar Omeish |
| Recall status |
2 dismissed in court |
| Signature requirement |
| See also |
| Recall overview Political recall efforts, 2022 Recalls in Virginia Virginia recall laws School board recalls Recall reports |
An effort to recall three of the 12 members of the Fairfax County Public Schools school board in Virginia began in October 2020. Dranesville District representative Elaine Tholen, Springfield District representative Laura Cohen, and at-large representative Abrar Omeish were named in the recall petitions.[1][2][3] None of the petitions resulted in the removal of a school board member.
Recall supporters filed petitions against Cohen with the Fairfax County Circuit Court on December 15, 2021.[4] A circuit court judge dismissed the petition on February 23, 2022, saying the petition was "not based on facts sufficient to show probable cause for removal.” The dismissal ended the recall effort.[5]
Petitions were filed against Tholen in 2021. Fairfax County Circuit Court Judge Richard Gardiner granted a motion from Tholen's attorney to dismiss the case on August 20, 2021. The judge said he dismissed the case “upon the Commonwealth’s position that the petition is not based on facts establishing probable cause for removal.”[6]
Recall supporters did not file petitions against Omeish in 2021 or 2022. The recall effort started in response to the district's concurrent instruction program, which allowed students to choose between learning fully online or a hybrid option that included both online and in-person instruction. The program was started due to the COVID-19 pandemic.[1]
All three members were elected to four-year terms on the board on November 5, 2019. Tholen won the open Dranesville District seat on the board against two opponents, receiving 58.7% of the vote. Cohen won the Springfield District seat after defeating two opponents, including the incumbent, with 50.5% of the vote. Omeish won one of the three at-large seats, receiving 20% of the vote in a six-way race.
To read about other recall efforts related to the coronavirus and government responses to the pandemic, click here.
Recall supporters
The recall effort was started by the group Open FCPS Coalition.[7]
Recall petition against Cohen
Scroll in the box below to read the full petition.
Recall petition against Omeish
Scroll in the box below to read the full petition.
Recall petition against Tholen
Scroll in the box below to read the full petition.
Recall opponents
Cohen called the recall effort “wrong on the facts and wrong on the law.” She called on the circuit court to dismiss the petition against her. “The Board has worked hard to ensure the safety and health of our 180,000 students and tens of thousands of teachers and staff during the pandemic,” Cohen said. “I’m proud that we’ve been able to successfully return and keep students in our buildings this year.”[4]
In response to the recall, Tholen said:[8]
| “ | I look forward to continuing to earn my constituents’ trust and support as we prepare to welcome all students in person five days per week. It’s hard work, but there’s no greater calling than to provide a safe, challenging and fun learning environment for our students. My life’s work has been to take care of students and families. As a former classroom educator and now a school board member, I have always worked for my students’ well-being and to help them reach their utmost potential. I will continue to put our students’ best interests first.[9] | ” |
After the petition against Tholen was deemed sufficient to go to a trial, Tholen's attorney filed a motion against the decision. In the motion, Tholen's attorney argued that neither Tholen nor the full school board had a legal obligation to implement in-person instruction by July 1.[10]
Lucy H. Caldwell, director of news & information for Fairfax County Public Schools, said that the district stood by its concurrent instruction program and that it had been well received. She said the district's schools had collaborated "with principals as well as front line staff, to ensure a smooth process for this model of instruction."[1]
In response to the recall effort, the Fairfax County Democratic Committee announced its support of the school board. In a statement published on Twitter, the committee said, "Make no mistake, the effort to recall duly elected members of the School Board is a political move by local Republicans to subvert the will of the voters."[11]
Background
2019 election results
Dranesville District
General election
General election for Fairfax County Public Schools, Dranesville District
Elaine Tholen defeated Anastasia Karloutsos and Ardavan Mobasheri in the general election for Fairfax County Public Schools, Dranesville District on November 5, 2019.
Candidate | % | Votes | ||
| ✔ | Elaine Tholen (Nonpartisan) | 58.7 | 20,689 | |
| Anastasia Karloutsos (Nonpartisan) | 35.8 | 12,616 | ||
| Ardavan Mobasheri (Nonpartisan) | 5.3 | 1,876 | ||
| Other/Write-in votes | 0.2 | 82 | ||
| Total votes: 35,263 (100.00% precincts reporting) | |||
 = candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. | ||||
Springfield District
General election
General election for Fairfax County Public Schools, Springfield District
Laura Jane Cohen defeated incumbent Elizabeth Schultz and R.K. McDaniel in the general election for Fairfax County Public Schools, Springfield District on November 5, 2019.
Candidate | % | Votes | ||
| ✔ |  | Laura Jane Cohen (Nonpartisan) | 50.5 | 19,910 |
 | Elizabeth Schultz (Nonpartisan) | 41.9 | 16,517 | |
| R.K. McDaniel (Nonpartisan) | 7.4 | 2,898 | ||
| Other/Write-in votes | 0.2 | 85 | ||
| Total votes: 39,410 (100.00% precincts reporting) | |||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. | ||||
Withdrawn or disqualified candidates
- Robert Walter (Nonpartisan)
At-large
General election
General election for Fairfax County Public Schools, At-large (3 seats)
The following candidates ran in the general election for Fairfax County Public Schools, At-large on November 5, 2019.
Candidate | % | Votes | ||
| ✔ |  | Karen Keys-Gamarra (Nonpartisan) | 22.2 | 179,258 |
| ✔ |  | Abrar Omeish (Nonpartisan) | 20.0 | 161,258 |
| ✔ |  | Rachna Heizer (Nonpartisan) | 19.4 | 156,397 |
 | Cheryl Buford (Nonpartisan) | 13.9 | 112,108 | |
 | Priscilla DeStefano (Nonpartisan) | 13.5 | 108,708 | |
 | Vinson Palathingal (Nonpartisan) | 10.8 | 86,751 | |
| Other/Write-in votes | 0.3 | 2,457 | ||
| Total votes: 806,937 | |||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. | ||||
Withdrawn or disqualified candidates
- Ilryong Moon (Nonpartisan)
Path to the ballot
- See also: Laws governing recall in Virginia
To begin the removal process, recall supporters had to collect signatures from residents in each district the board members represent equal in number to 10% of the votes cast in the last election for that office.[1] If enough signatures were collected, the petitions were sent to the circuit court for trial.[12]
Recall supporters filed petitions against Cohen with the Fairfax County Circuit Court on December 15, 2021.[4] A circuit court judge dismissed the petition on February 23, 2022, saying the petition was "not based on facts sufficient to show probable cause for removal.” The dismissal ended the recall effort.[5]
Recall supporters filed the petitions against Tholen with the Fairfax County Circuit Court on July 19, 2021.[13] The petitions against Tholen were deemed sufficient to go to a court hearing on July 23, 2021.[8] Tholen's attorney filed a motion against the court's decision to deem the petitions sufficient. A hearing on that motion was scheduled for August 13, 2021.[10] On August 20, 2021, Fairfax County Circuit Court Judge Richard Gardiner granted a motion to dismiss the case that was filed by Albemarle County Commonwealth’s Attorney James Hingeley, ending the recall effort against Tholen. Hingeley was chosen to be the special prosecutor for the case by Fairfax County Commonwealth's Attorney Steve Descano, who recused himself from the case.[6][14]
If Cohen and Tholen had been removed from office through the recall process, special elections would have been held to fill the vacancies.[8]
About the district
Fairfax County Public Schools is located in northeast Virginia in Fairfax County. The county seat is Fairfax. The county was home to an estimated 1,147,532 residents in 2019, according to the United States Census Bureau.[15]
Demographics
Fairfax County outperformed Virginia as a whole in terms of higher education achievement between 2015 and 2019. The United States Census Bureau found that 61.6% of county residents aged 25 years and older had attained a bachelor's degree, compared to 38.8% of state residents. During the same time period, the median household income in Fairfax County was $124,831, while it was $74,222 for the entire state. The poverty rate in the county was 6.0%, and it was 9.9% statewide.[15]
| Racial Demographics, 2019[15] | ||
|---|---|---|
| Race | Fairfax County (%) | Virginia (%) |
| White | 64.7 | 69.4 |
| Black or African American | 10.6 | 19.9 |
| American Indian and Alaska Native | 0.5 | 0.5 |
| Asian | 20.1 | 6.9 |
| Native Hawaiian and Other Pacific Islander | 0.1 | 0.1 |
| Two or More Races | 3.9 | 3.2 |
| Hispanic or Latino | 16.5 | 9.8 |
Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.
Ballotpedia covered 35 coronavirus-related recall efforts against 94 officials in 2022, accounting for 13% of recalls that year. This is a decrease from both 2020 and 2021. COVID-related recalls accounted for 37% of all recall efforts in both 2020 and 2021. In 2020, there were 87 COVID-related recalls against 89 officials, and in 2021, there were 131 against 214 officials.
The chart below compares coronavirus-related recalls to recalls for all other reasons in 2020, 2021, and 2022.
2022 recall efforts
- See also: School board recalls
Ballotpedia tracked 54 school board recall efforts against 123 board members in 2022. Recall elections against school board members were held on January 11, 2022, January 18, 2022, January 24, 2022, February 15, 2022, March 29, 2022, April 4, 2022, and November 8, 2022. The school board recall success rate was 7.3%.
The chart below details the status of 2022 recall efforts by individual school board member.
2021 recall efforts
- See also: School board recalls
Ballotpedia tracked 92 school board recall efforts against 237 board members in 2021. Recall elections against 17 board members were held in 2021. The school board recall success rate was 0.42%.
The chart below details the status of 2021 recall efforts by individual school board member.
See also
- Fairfax County Public Schools, Virginia
- Fairfax County Public Schools, Virginia, elections (2019)
- Recall campaigns in Virginia
- Political recall efforts, 2021
- Political recall efforts, 2022
- School board recalls
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Daily Caller, "Parents Group Petitions For Removal Of Northern Virginia School Board Members," October 27, 2020
- ↑ FCPS Accountability Coalition, "View the Petitions," accessed June 1, 2021
- ↑ Fairfax County Public Schools, "School Board Members," accessed June 1, 2021
- ↑ 4.0 4.1 4.2 The Washington Post, "Fairfax parents file recall petition against second school board member," December 16, 2021
- ↑ 5.0 5.1 WTOP News, "Fairfax Co. judge dismisses removal petition against school board member Laura Jane Cohen," February 24, 2022
- ↑ 6.0 6.1 The Washington Post, "Virginia judge dismisses parents’ recall petition against Fairfax school board member," August 20, 2021
- ↑ Twitter, "Rory Cooper tweet October 26, 2020," accessed February 1, 2021
- ↑ 8.0 8.1 8.2 Inside NOVA, "Effort to remove Virginia school board member will be decided in court," July 23, 2021
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 10.0 10.1 Fairfax County Times, "Judge rules Tholen recall will move forward," July 30, 2021
- ↑ Blue Virginia, "Fairfax Dems Pass Resolution Affirming Support for School Board 'as they make evidence-based decisions about school reopening plans,'" December 8, 2020
- ↑ National Conference of State Legislatures, "Recall of State Officials," Last updated June 6, 2012
- ↑ Inside NOVA, "Parents petition to recall Fairfax County School Board member," July 20, 2021
- ↑ Fairfax County Times, "Judge dismisses case against School Board Member Elaine Tholen," August 27, 2021
- ↑ 15.0 15.1 15.2 United States Census Bureau, "Quickfacts: Fairfax County, Virginia," accessed February 1, 2021
| ||||||||||||||
 |
State of Virginia Richmond (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
