Recall Petition Against Dranesville School Board Member Dismissed

MCLEAN, VA — A petition seeking to recall Dranesville district School Board member Elaine Tholen was dismissed in court Friday.

Open FCPS Coalition, a group in support of in-person learning, had submitted over 5,000 signatures to Fairfax County Clerk of Court in the petition. The petition sought a judge review to determine if the School Board member should be recalled due to negligence or incompetence of duties for not offering in-person learning for all students, especially students with special needs. Tholen had responded with a motion to quash against the petition.

On Friday, Judge Richard Gardiner granted a motion to dismiss the petition in Fairfax County Circuit Court, according to a FPCS spokesperson.

"We are very pleased that the Court dismissed this case and saw it for what it was – an attempt by a small number of people to substitute their judgment for that of the full elected School Board," said a FCPS spokesperson. "We look forward to a full, five-day schedule of in-person classes starting next week."

According to a statement from Open FCPS Coalition, the judge had determined the petition was legally sufficient despite Tholen's motion to quash. However, the group said the prosecutor chose not to move the case forward. The prosecutor was James Hingeley, the commonwealth’s attorney from Albemarle County appointed by Fairfax Commonwealth’s Attorney Steve Descano. Descano withdrew from the case and asked the court to appoint the special prosecutor.

"We must continue to fight for our students and children, because the School Board has not done so over the past 18 months," stated Dee O’Neal, Founder, Open FCPS Coalition. "It is a shame that the voices of thousands of parents have been silenced by a Commonwealth’s Attorney, who just like the School Board, is more interested in politics than the wellbeing of our kids."

A statement from Tholen said Hingeley independently investigated the claims against the School Board member. The special prosecutor asked the judge to discuss the case "because it did not contain factual allegations that met the legal standard."

"In this case, a small group of people unhappy about Covid restrictions tried to use the law to substitute their opinion for a unanimous consensus of the Fairfax County School Board," said Tholen in response to the petition dismissal. "I was happy to hear the special prosecutor tell the judge that the case was about a policy disagreement, and that the recall process is not a vehicle to resolve such disputes with elected officials and governing bodies. That is why we have elections."

The Open FCPS Coalition was founded in late 2020 as a group of parents and residents concerned about virtual learning amid the COVID-19 pandemic. It has been gathering signatures to recall Tholen, as well as two other Fairfax County School Board members: Laura Jane Cohen of the Springfield District and at-large representative Abrar Omeish.

The number of signatures required equals 10 percent of the total votes cast in the school board member's election. The coalition chose Cohen and Tholen for recall petitions based on their share of votes in the last election. Omeish was included as an at-large member to allow any Fairfax County resident to sign a petition. Signatures for Tholen's recall petition were collected in person in the Dranesville District, which includes Great Falls, McLean, Herndon, parts of Vienna and parts of the Falls Church area of Fairfax County.

Tholen said the case has been an "ordeal," but she wants to move forward and focus on the students returning to school.

"Those students need our full attention to keep them safe and to give them the best education possible," said Tholen. "They are still suffering in a pandemic, just like the rest of us. Please, let us put these divisive events behind us and work together to give our students the positive, undivided attention they deserve."

FCPS transitioned to virtual learning in March 2020 when the governor ordered K-12 schools to close. While FCPS surveyed families on their preference for the next school year and 60 percent chose hybrid learning, the superintendent changed course and recommended a virtual start, gaining School Board support. Limited groups of students transitioned to hybrid learning in late 2020 but were returned to virtual learning before winter break amid a COVID-19 surge. Students who opted into hybrid learning returned to school buildings in phases during February and March.

On Aug. 23, FCPS is starting the school year with five days of in-person learning per week, an indoor mask requirement and vaccination requirement for staff by late October.