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Fairfax County School Board governance committee votes to go into closed session to discuss litigation
Summary
The Fairfax County School Board Governance Committee voted unanimously Jan. 12 to convene a closed meeting to consult with legal counsel about QT v. School Board, citing Code of Virginia exemptions for legal advice and litigation; a remote member was counted toward quorum under a July 2024 amendment to the Virginia Code.
The Fairfax County School Board Governance Committee on Jan. 12, 2025, voted unanimously to convene a closed meeting to consult with legal counsel about ongoing litigation in QT v. School Board, case number 1:19-cv-01285, citing Code of Virginia exemptions for legal advice and litigation.
The action followed a statement that the meeting was being held with virtual participation “in accordance with the changes to Code of Virginia section 2.2-3708.3, which occurred on July 1, 2024,” and that committee member Miss Sizemore Heizer had notified the clerk of the board that she would participate remotely because she is caregiving for an individual with a disability. The presiding officer said Heizer would be counted toward the quorum as if physically present.
The committee’s presiding officer moved that the body go into a closed meeting “to consult with legal counsel regarding specific matters requiring the provision of legal advice by such counsel pursuant to section 2.2-3711(a)(7) and (8) of the Code of Virginia, specifically, QT v. School Board, case number 1:19-cv-01285.” Miss Marron was identified in the record in response to the chair’s request for a motion; Dr. Anderson was recorded as the second. The presiding officer then called for the vote; committee members indicated assent by raising their hands, and the presiding officer stated there were no opposing votes and that the motion carried unanimously.
The motion as stated in the transcript included a reference to a closed meeting date of Jan. 21, 2024. The committee did not clarify on the public record during the recorded exchange whether that date was an error or intended; the transcript records the date as spoken. The transcript does not record individual roll-call votes or exact vote counts, only that all present voted in favor and none opposed.
The committee recessed to a closed session after the vote. No substantive public discussion of the litigation occurred in the portions of the record provided here.
