The Shadow
COVINGTON, Va. (Virginian Review) — Alleging persistent carbon monoxide exposure, sick children, and what they call a “public safety hazard,” a group of parents filed a second lawsuit this week demanding that Covington Middle School (CMS) be shut down for in-person instruction for the remainder of the school year.
The first lawsuit, filed April 9 in Alleghany County Circuit Court by Fishwick & Associates on behalf of four students and their families, argues that students’ constitutional right to a public education is being denied by requiring attendance in a building where air quality hazards have allegedly not been resolved. It is the first legal action to formally request injunctive relief due to unsafe school conditions and is supported by sworn declarations from eight parents, some of whom report being threatened with truancy charges if they kept their children home.
According to the complaint, students returned to school in March after a six-week virtual learning period following a January 31 evacuation caused by carbon monoxide exposure in the cafeteria. Since returning, plaintiffs allege that carbon monoxide detectors have continued to trigger alarms, children have shown elevated levels of carboxyhemoglobin (COHb) in their blood, and symptoms such as fatigue, dizziness, vomiting, and headaches have resurfaced.
Parents say they are now being forced to choose between protecting their children’s health or risking legal consequences for truancy.
“I am being forced to risk A.P.’s health and well-being by sending him to Covington Middle school despite the evident health hazards,” wrote Letisha Wright in a sworn declaration, noting her son tested for a COHb level of 2.7% after attending school on March 26.
Second Lawsuit Echoes and Expands Claims
Just days later, on April 15, a second lawsuit was filed by four additional law firms representing eight students. This suit adds new allegations of mold exposure, inadequate HVAC ventilation, and elevated carbon dioxide levels inside the school, citing findings from ECS Mid-Atlantic’s March 3 inspection report. The report revealed that some areas of Covington Middle School had 100% moisture content, and ECS could not rule out the presence of harmful airborne toxins.
Together, the lawsuits now represent at least 12 families, all demanding the same immediate action: suspend in-person instruction at CMS and transition students either to virtual learning or to a safer facility such as the nearby Clifton Academy.
Crucially, neither lawsuit names a specific amount for financial compensation. However, they are asking for “Any further relief the Court deems just and appropriate,” along with attorney fees. Both legal teams are requesting a temporary injunction only, stating clearly that this is not about money — it is about ensuring student safety and upholding the right to a public education in a hazard-free environment.
“Education is a fundamental right under the Constitution,” the Fishwick complaint states. “That right includes the right to be educated in a building safe from health hazards.”
The April 15 suit — supported by Munro Byrd, Whiting Injury Law, Marks & Harrison, and TLT Legal Services — also accuses school officials of violating state building codes and health regulations by failing to install carbon monoxide detectors before the January 31 incident and not conducting thorough remediation afterward.
District Response, Court Hearing & Petition
School Superintendent Kimberly Halterman and the Alleghany Highlands School Board have not publicly commented on either lawsuit. However, in prior public meetings, officials have acknowledged elevated carbon dioxide levels and a malfunctioning stove that contributed to the January incident. They maintain that air quality now meets OSHA safety standards and that improvements to ventilation have been made.
Still, the growing number of legal complaints and community testimonies is painting a very different picture — one of fear, illness, and a breakdown in trust.
“The conditions are substantial,” one of the lawsuits argues, “and pose a danger to public school students, interfere with public rights, and obstruct a safe school environment.”
A hearing is scheduled for April 23, 2025, at 9 a.m. at the Alleghany County Circuit Court, where attorneys from Fishwick & Associates will formally present their request for a temporary injunction. Additionally, Fishwick & Associates filed a petition with the State Superintendent, requesting that the school be closed, which was supported by 26 parents who signed the petition.
Stay tuned to the Virginian Review for more updates as the case continues to evolve.
