Sixth grader reported student with bullet, then got suspended, VA mom says in lawsuit
A sixth grader alerted the principal at his school that another student brought a bullet to campus, then both students received identical suspensions, according to a lawsuit.
The suit, filed by the mother of the student who reported the bullet and shared by WAVY, cites a breach of contract by St. John the Apostle Catholic School in Virginia Beach.
The sixth grader’s mom — who has two other children enrolled in the school — is asking for $4,780, representing half of the annual tuition already paid for the sixth grader, plus attorney fees and any other relief.
McClatchy News reached out to the mother’s attorney Sept. 24 but did not receive an immediate response.
A spokesperson at the Catholic Diocese of Richmond, which the school operates under, told McClatchy News it stands behind the school’s decision.
“Our disciplinary practices are designed to be constructive learning opportunities, not punitive or permanent punishments,” the spokesperson said. “We are confident the school’s decision complied with both legal and our internal standards.”
According to the lawsuit, the sixth grader was about to take a standardized test on Sept. 5 when another student showed him a bullet he had. The sixth grader proceeded to take the test and attend another class before reporting the bullet to the principal, about two hours after seeing it, the suit says.
Soon after, Virginia Beach police arrived at the school and took the bullet from the student, according to the lawsuit. No one was harmed, and the offending student was suspended for a day and a half.
The other student was suspended for the same amount of time for “failing to immediately report the bullet to school officials,” according to a school statement quoted in the lawsuit.
In the lawsuit, the student’s mom argues that the suspension “denied educational services” to the child — ultimately breaching their contract — and “created a permanent academic record” for the sixth grader that could not have been anticipated based on student-parent handbook regulations.
The Catholic Diocese of Richmond said “disciplinary decisions do not remain on a student’s permanent academic record.”
The mom also said her sixth grader wished to remain anonymous, but the suspension didn’t respect that. He has experienced bullying since his suspension, including physical assaults by other classmates, the mom said in the lawsuit.
According to the lawsuit, the parties are set to appear in court Nov. 8.
This story was originally published September 24, 2024 at 4:39 PM with the headline "Sixth grader reported student with bullet, then got suspended, VA mom says in lawsuit."
