Update in the "Illegal aliens" student suspension case

Preliminary injunction filed; recordings published

There have been developments in the case involving a Davidson County student suspended for using the correct terminology when referring to illegal migrants as "illegal aliens."

Liberty Justice Center, the entity representing the student and his family, has filed for a preliminary injunction.

  C.M. requests a preliminary injunction on or before August 1, 2024, so his family may adequately plan for the new school year, ordering the Board to (a) reverse his suspension, (b) remove the Suspension Notification from his record, (c) remove unexcused absences from his record related to his suspension, (d) remove all references from his record that he used “racially” motivated, inappropriate, or insensitive language in class, and (e) enjoin the Board from enforcing its unduly vague speech policy as it and the School have applied it against C.M.  

But there's more.

From the press release:

The motion for a preliminary injunction also releases new information about the case, including excerpts of a recording of a school administrator’s meeting with the McGhees—where the administrator equated the phrase “illegal alien” to “the n-word,” told Leah McGhee that it would have been “more respectful” for Christian to say “those people that need a green card,” and faulted Christian’s teacher for “being so young and female.” Consistent with court rules, minors’ names have been censored in the excerpts, which are available to the press and the public here.

Here's the recording:

And another new item per the release, "In addition to the recording, today’s legal filing also submits as evidence a series of defamatory and misleading texts by Davidson County School Board members, which were sent to members of the community in an effort to malign Christian and his family."

From the injunction filing:

  For example, Ms. McGhee sent emails on April 12, 2024, to Board Chairman Beck and Board member Nick Jarvis attaching a copy of the Suspension Notification and requesting reversal of her son’s suspension. See id. ¶ 25 & n. 3, Exhibit 3; ECF No. 1-3. Rather than reply to her emails, Beck and another Board member mounted an attack against Ms. McGhee’s character by sharing with local community leaders her mugshot from a 2010 arrest, and slandering her and C.M. with additional false accusations.   

The filing's exhibits have a detailed timeline of what happened in the classroom and what ensued when the family challenged the suspension.

More To The Story

When Leah McGhee's son was suspended, she found out she could not appeal it because it was for a term of less than 10 days.

"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 an alien needs a green card. Although there's nothing inappropriate about saying aliens need green cards, there certainly is not a case for racism due to the fact that alien is not a race," McHee told the Senate's Education/Higher Education Committee at its June 5 meeting. The board's policies do not prevent students from using the words alien, a legal alien, or green card, nor does it state that these words are racially insensitive or abusive."

"I could not appeal this suspension because it was less than ten days. Racism is only a three day suspension with no opportunity to appeal when it should be a top tier punishment in our school system," said McGhee. "After no resolution, I emailed chairman Alan Beck and board member Nicholas Jarvis asking for their help. These emails remain unanswered to this day — 60 days later."

What happened to McGhee's son didn't sit right with Sen. Steve Jarvis (R-Davidson), who is taking legislative action on the suspension appeal aspect of this case. At the same June 5 Committee meeting, Jarvis introduced a preferred committee substitute (PCS) to House Bill 207 to correct and clarify K-12 suspension appeals.

“This bill aims to rectify this disparity by granting students who receive short-term suspensions lasting five days or more, the same rights to those who are suspended 10 days or more,” Jarvis told the Senate Higher Education Committee about the PCS.

Jarvis later remarked, "Ultimately, this bill is about upholding due process for students. If they believe they were unfairly punished, they should have the right to appeal and seek a resolution. By supporting this bill, we can ensure that our students are treated fairly and have appropriate avenues to address their concerns, ultimately promoting a more just and supportive education environment."

Democratic Senators Jay Chaudhuri and Gladys Robinson praised the move following Jarvis' opening remarks, which were considerable and can be viewed below:

"Recently we had an incident occur in my district that brought this to the attention of issues surrounding short term suspensions for schools. The incident resulted in confusion and frustration because there was little information provided regarding the reasons as to why the student was suspended and to which school policy and how particularly that school policy was violated. 

This situation highlighted the need to address the policies concerning short term suspensions, which is the main purpose of this PCS.
Currently, students have the statutorial right to appeal any long term suspension. Long term suspension is defined as ten days or more in suspension as well as the opportunity for an expunction. However, the same rights and protections are not awarded or given to students who receive short term suspensions.

This bill aims to rectify this disparity by granting students to receive short term suspensions lasting five days or more, the same rights to those who are suspended ten days or more. It ensures that high school students who receive a short term suspension of five days have the opportunity to appeal the principal's decision to the superintendent.

The bill also mandates that the school accept eyewitness reports from the student or members of school staff regarding incidents that led to the short term or long term suspension.

It is crucial for our students to know why they are disciplined and to understand this section of the school's code of conduct, as well as how specifically it was violated. Without this knowledge, they cannot make a full... fully comprehend their actions or how to address them. Therefore, the bill seeks and requires that students receive this detailed information.

High schoolers face considerable pressure to maintain a clean record for graduation, making it important for them to address the potential long term effects that short term suspensions can have in their life going forward, whether it be college applications and athletics moving forward.

This bill includes provisions allowing for expunction of high school students short term suspensions from students record if certain specific criterias have been met. Ultimately, this bill is about upholding due process for students. If they believe they were unfairly punished, they should have the right to appeal and seek a resolution. By supporting this bill, we can ensure that our students are treated fairly and have appropriate avenues to address their concerns, ultimately promoting a more just and supportive education environment. 

According to DPI's most recent report, there were 84,539 short term suspensions in high schools during the 22-23 school year. Out of the total suspensions was 247,454. In grades k through twelve. Out of the 84,539 high school short term suspensions, 66,794 lasted longer than six to ten days, and the 17,745 lasted five days. 

So this is the reason that we have brought this forward, and I would stand for any questions."