NORFOLK, Va. — A federal judge has denied a motion to dismiss a civil rights lawsuit against Virginia Beach Public Schools, allowing the case involving Kellam High School students to proceed to full litigation.
The lawsuit stems from a March 12 incident at Kellam High School where a group of students gave a Black classmate a birthday "gift" bag containing items like fried chicken, watermelon, grape Kool-Aid, candy and a birthday card that included racial slurs and a racist drawing, according to court filings.
School principal Ryan Schbart called the incident "racist harassment" in an email to the school community. The Virginia Beach police and Commonwealth's Attorney reviewed the situation and declined to file criminal charges.
The students' families later argued the exchange was a misguided joke among friends and that the school's narrative mischaracterized what happened. They claim their civil rights were violated during the school district's investigation and disciplinary process.
The lawsuit was filed by a former Kellam High student whose disciplinary record was cleared earlier this year by a circuit court judge.
By denying the motion to dismiss, the judge ruled the claims have merit and can proceed. Both sides will now exchange evidence and potentially take testimony under oath, giving the community a deeper look into what happened during the incident and subsequent investigation.
School discipline followed the March incident, and principal communications warned families the students would be sanctioned under district policy.
