The family of a North Carolina high school student suspended last year for saying “illegal alien” in English class has dropped their lawsuit against the district in exchange for a public apology and $20,000.
Christian McGhee, 17, received a three-day suspension for using the phrase while discussing word meanings during his English class at Central Davidson High School in Lexington on April 9, 2024.
McGhee’s mother, Leah, had filed a lawsuit in which she accused the school and the Davidson County Board of Education of violating her son’s First Amendment rights.
However, McGhee’s family and the school board settled on Wednesday after a year-long battle in the courts, according to court documents.
The board has agreed to remove all references to racial bias in McGhee’s school record and issue a public apology “for the mischaracterization of racial bias” in his record, documents show.
The board will also provide him with $20,000 in compensation to help his family with the costs of tuition at his new private school, which he was forced to transfer to after being suspended.
“On Friday, we filed a motion asking the court to approve a settlement that would resolve this matter. Because Christian is a minor, a court hearing is required before the settlement can become final,” McGee’s lawyer told the Carolina Journal.
“We’ll have more to say after that hearing, which is currently scheduled for July 1st. We’re pleased to take this important step toward clearing our client’s name.”
When the incident occurred, a teacher gave the teen an assignment that used the word “alien,” and he asked, “Like space aliens or illegal aliens without green cards?”
A Hispanic student in McGhee’s class reportedly “joked” that he was going to “kick Christian’s ass,” so the teacher escalated the matter to Central Davidson’s Assistant Principal Eric Anderson.
McGhee’s words were deemed offensive and disrespectful to his classmates, prompting Anderson to suspend him.
According to the suspension documents, Anderson “declared that his comment was racially motivated,” as stated in the suit.
Anderson was also named as a defendant in the lawsuit “in his individual capacity.”
“I didn’t make a statement directed towards anyone — I asked a question,” McGee told the Carolina Journal last year.
“I wasn’t speaking of Hispanics because everyone from other countries needs green cards, and the term ‘illegal alien’ is an actual term that I hear on the news and can find in the dictionary,” he added.
When Leah McGhee attempted to appeal the suspension, school administrators refused to budge.
She then hired an attorney from the Liberty Justice Center’s Educational Freedom Attorney to help clear her son’s name and record.
Leah appeared on the radio show “The Pete Kaliner Show” on WBT following the filing of the lawsuit and argued the school wasn’t justified in labeling her son as a racist.
“It is a term used as federal code, and it is a term that is heard frequently on many news broadcasts,” She said.
“I feel that if this was handled properly in the classroom, it could have easily been used as a teachable moment for everyone.”
While the school district and the teen’s family have settled, all involved have agreed that the school suspension will remain on Mchee’s record “because there was a class disruption caused by the comments.”
The board agreed that the settlement is “fair, reasonable, and in the best interest of Christian.”
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