Inside proposed $20K settlement after Davidson County Schools student suspended for alleged ‘racially motivated comment'
DAVIDSON COUNTY, N.C. (WGHP) — A would have Davidson County Schools pay a family $20,000 and issue a public apology after a
The plaintiff's motion for settlement approval offers insight into the proposed settlement that will be heard in court in early July. While the filing says both parties have agreed to the settlement, it will not be final until a judge approves it.
Forsyth County Board of Commissioners rejects $32 million request from Winston-Salem/Forsyth County Schools
According to the document, the district would pay the family $20,000, which will help to cover the costs of the student's new school.
The school district would remove 'all reference to racial bias in [the student's] school record.' However, the district would leave the suspension unchanged due to the 'class disruption caused by the comments at issue.'
The board would issue a public apology for 'mischaracterization of racial bias in [the student's] school records,' and a former member of the school board would issue an apology 'for additional inappropriate conduct after the suspension.'
Dean McGee, senior counsel for Educational Freedom at the Liberty Justice Center, said in a statement, 'On Friday, we filed a motion asking the court to approve a settlement that would resolve this matter. Because [the student] is a minor, a court hearing is required before the settlement can become final. We'll have more to say after that hearing, but we're pleased to take this important step toward clearing our client's name.'
A spokesperson for the school district previously said they are unable to comment due to pending litigation.
The incident happened on April 9, 2024, at Central Davidson High School.
'On April 9, my son received a write-up stating that he violated a board of education policy by using or making a racially motivated comment, saying that an alien needs a green card,' the boy's mother, Leah McGhee, said.
The lawsuit claims the teen left class to go to the bathroom. He missed some of the lesson, and when he came back, the word 'aliens' was used during class discussion.
The student reportedly asked if 'aliens' referred to 'space aliens or illegal aliens who need green cards' and the teacher said to 'watch your mouth.'
According to the suit, a Hispanic male classmate then threatened to beat the student up. That same day, the 16-year-old received a three-day out-of-school suspension.
'I cannot appeal this suspension since it is less than 10 days. Racism is only a three-day suspension with no appeal when it should be a top-tier punishment,' Leah McGhee said.
The 16-year-old is no longer enrolled at the school because, according to the lawsuit, he received threats and was harassed about this situation.
The student's parents, Leah and Chad McGhee, filed a lawsuit on behalf of their 16-year-old son and called on the school to reverse the suspension and remove it from the student's record.
The lawsuit argues that the words 'alien,' 'illegal alien' and 'green cards' are common terms used in both state and federal law. It goes on to say the punishment was too harsh and his comment should have been protected under his First Amendment rights of free speech.
'There is nothing inappropriate about saying aliens need green cards, and there certainly isn't a case for racism due to the fact that alien is not a race,' Leah told the school board in May 2024.
The McGhee family asked the courts to require a public apology from the school board, reverse the suspension, remove it from the student's record, remove unexcused absences because of the suspension, remove all references from his record that he used racially motivated, inappropriate, or insensitive language in class and monetary damages determined during trial.
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