NC weighs new suspension rules after student was punished for ‘illegal aliens’ comment

State lawmakers are advancing changes in North Carolina law in response to a high school student who was suspended for saying that “illegal aliens” need green cards.

The N.C. Senate Education Committee on Wednesday approved legislation that would require public schools to allow high school students to appeal short-term suspensions of five days or more. The bill would also let high school students get short-term suspensions expunged from their records if they meet conditions such as not being suspended again that same school year.

The bill stems from Christian McGhee receiving national attention after he was suspended for three days for asking his English teacher at Central Davidson High School whether her reference to the word aliens referred to “space aliens, or illegal aliens who need green cards.”.

Sen. Steve Jarvis, a Davidson County Republican, is the primary sponsor of the bill and has been in contact with McGhee’s family.

“It addresses important issues in the education system surrounding policies around short-term suspensions,” Jarvis told the committee.

House Bill 207 now goes to the Senate Rules Committee before it gets a floor vote. The bill has gotten bipartisan support from Democratic lawmakers.

Family wants suspension expunged

McGhee was formerly a 16-year-old sophomore at Central Davidson High in Lexington, which is south of Winston-Salem and about 110 miles west of Raleigh. He has since left the school after the family said he became a victim of bullying because of the incident.

He was suspended for three days in April, according to school records, for making what the school called a “racially motivated” and “racially insensitive” comment. The family was unable to appeal. State law only requires appeals for long-term suspensions, which are for longer than 10 days.

The Liberty Justice Center filed a federal lawsuit last month, on behalf of the family, accusing the Davidson County school system of violating the student’s rights to free speech, education and due process. The family wants monetary damages and for the suspension to be removed from school records.

‘We’ve all done stupid stuff’

Most short-term suspensions given to high school students are for five days or more.

Sen. Tom McInnis, a Moore County Republican, said the bill is an “important piece of legislation.” He cited the case of the daughter of a constituent who recently received a 10-day suspension for a school prank.

McInnnis said the student has a 4.0 grade-point-average. But he said her college plans could be affected if the suspension isn’t removed from school records.

“We’ve all done stupid stuff,” McInnin said. “Some of us got caught and some of us didn’t.This young lady happened to get caught.”