(Carolina Journal)—The 16-year-old high school student who was suspended in North Carolina last year for using the words “illegal alien” in English class is set to receive a public apology from the Davidson County Board of Education for mischaracterizing the student in a racially biased manner.
A federal lawsuit challenging his suspension under the First Amendment was filed last year, resulting in a year-long legal battle between the Davidson County school board and Christian McGhee’s family. But now, according to court documents filed Friday, a settlement has been reached and is pending a judge’s approval.
As part of the proposed settlement, the school board will remove all references to racial bias in the teen’s school record, offer a public apology from the board for mischaracterizing him in a racially biased way in his school records, and provide $20,000 in compensation. The monetary compensation is intended to help with the costs of the new private school Christian transferred to following the incident.
“On Friday, we filed a motion asking the court to approve a settlement that would resolve this matter,” said Dean McGee, senior counsel for educational freedom at the Liberty Justice Center. “Because Christian 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.”
As Carolina Journal previously reported, when McGhee used the words “illegal alien” during a vocabulary lesson in April 2024, administrators deemed it offensive and disrespectful to Hispanic classmates. He was issued a three-day suspension for “making a racially insensitive remark that caused a class disturbance.”
After school officials refused to rescind his suspension and national outrage ensued, the Liberty Justice Center filed a lawsuit against the board and former Assistant Principal Eric Anderson on behalf of the family. Lawyers argued there was no legal justification for suspending Christian because his comment was protected under the First Amendment. His mother, Leah McGhee, attempted to appeal the suspension but was met with silence.
Now, after more than a year of litigation, the school district and the McGhee family have decided on a settlement that they agree is “fair, reasonable, and in the best interest of Christian.”
The court documents included a joint statement from all parties involved in the litigation, explaining that the grounds for the school suspension still remain because of the class disruption. However, the board acknowledges that the racial accusations were mischaracterized, which will be cleared from his school record.
“The Parties in C.M. v. Davidson County Board of Education are pleased to announce a settlement that will allow the family, our schools, and our community to move forward from this incident,” the statement reads. “While the Board maintains that the disciplinary action imposed was appropriate due to class disruption caused by the comments at issue, the Board apologizes for the mischaracterization of racial bias arising from Christian’s comments and will remove any reference to race or racial bias as a motive for the comments from his educational record, which contains no other incidences of discipline related to racial bias.”
Aside from the student’s suspension, Leah McGhee faced challenges from school board members pushing back against her vocal opposition to the school’s response. Board member Ashley Carroll attempted to smear Leah online, posting her substance abuse history from nearly two decades ago.
“The Board also acknowledges the inappropriate response to this matter by a sitting member. That member has taken accountability for their actions and has privately apologized to the family,” the joint statement continues. “The McGhees are grateful for the steps taken by the Board to correct Christian’s school record, ensuring that he can continue his education without this incident hanging over him,” the statement concludes.
Carolina Journal reached out to Leah McGhee for comment, but she was unable to speak to the matter due to the pending settlement discussions. During a school board meeting last year, she named board members directly.
“Two members of this board, too busy to hear a mother’s cry, yet not too busy to assault her character and one more attempt to hurt her child,” Leah stated, directly naming Chairman Alan Beck and Ashley Carroll. “Through your reckless attempt to slander my name, you have successfully re-traumatized my family. Your weak attempt to assault my character has failed, but your malicious character has been highlighted. It is my opinion that two members on this board are highly corrupt.”
The Davidson County Board of Education held a closed session on Monday night to discuss the pending litigation. A community member spoke at the board meeting and mentioned the now publicly available settlement on the federal Public Access to Court Electronic Records system.
After the national controversy, 14 candidates ran for three open seats on the school board last year. The sole incumbent was ousted, while two other long-serving members, including the chair, did not run for re-election.
Since then, board member Ashley Carroll resigned following a car accident in which she allegedly caused injuries while driving under the influence, leading to a DWI charge.
Author: Brianna Kraemer