COVINGTON, Va. – A judge denied the injunction to close Covington Middle School for the rest of the school year after an emergency hearing on the issue Wednesday morning.
Parents of students at the school filled the courtroom, standing firm in their belief that their children became ill due to the air quality inside the school.
There have ongoing issues since a carbon monoxide leak in January forced students out for more than a month. Even after returning in March, some students began feeling sick again with symptoms like headaches, nausea, and fatigue.
“He’s afraid that he’s going to walk into that building and pass out and never come back out,” said Brittany Behrens, a parent and substitute teacher as she testified during the hearing.
Another parent, Talley Spicer, shared her daughter’s struggles.
“She has had several headaches, dizziness, she’s been fatigued, she’s been sleeping a lot,” Spicer said. “She was on a stomach med for acid reflux, and now she doesn’t have any of those symptoms anymore because I have not let her go to school since March 31.”
Spicer is one of the plaintiffs in a lawsuit seeking to close the school for the remainder of the academic year and halt any truancy actions against students who are absent due to health and safety concerns.
However, the judge ruled against the parents on both requests.
“The court is making it very plain that it is making no ruling or determination with regard to the illnesses that the plaintiffs allege, or the causation of any of those illness,” said Judge Edward K. Stein as he delivered his ruling. “That’s for a different day.”
Stein also said that parents concerned about truancy actions can file for an exemption with a judge at Juvenile and Domestic Relations Court.
“We lost today,” said John Fishwick, attorney for the plaintiffs. “We wanted to get that injunction, but our parents are holding their heads high and they’re going to take care of their kids.”
10 News asked Rodney Young, attorney for the school division, about expert testimony regarding lingering air quality concerns and how the school plans to address them.
“I think the school division is committed to doing that,” Young said. “In the affidavits, we submitted in opposition to this injunction proceeding, we outline in great detail the steps that have been taken to address indoor air quality. Those steps have been undertaken so far, and they will continue to be undertaken.”
The school division plans to overhaul the school’s ventilation system during the summer break, but that’s too late for parents like Talley Spicer, this timeline is too late. She will continue to homeschool her daughter but recognizes other families may not have that option.
“Things are going to happen; we’re going to keep fighting. We’re not giving up,” she said.
The Virginia Department of Health found that the continued elevated levels of carboxyhemoglobin in some students likely stem from a community source, not the school itself. The investigation into the cause is still ongoing.