The Shadow
COVINGTON, Va. (Virginian Review) — A legal team representing four Alleghany Highlands families filed a brief in Alleghany Circuit Court on Monday in advance of the scheduled court hearing on April 23, 2025, at the Alleghany County Courthouse. The brief presents new evidence and seeks an emergency injunction to close Covington Middle School (CMS), citing unsafe conditions, including carbon monoxide exposure, elevated carbon dioxide levels, and mold contamination.
The 24-page memorandum, submitted by Roanoke-based firm Fishwick & Associates on behalf of four minors and their parents, argues that students’ constitutional right to a safe education under the Virginia Constitution is being violated. The brief further alleges that the school board’s ongoing operation of CMS constitutes a public nuisance, endangering the health of hundreds of students.
“Despite numerous reports of students experiencing fatigue, headaches, nausea, dizziness, and vomiting, the school remains open and unsafe,” said attorney John Fishwick Jr., lead counsel for the plaintiffs. “The evidence presented here demands immediate action.”
The brief details a series of health complaints from students, many of whom experienced severe symptoms only while attending CMS. One student reportedly vomited at school, and a subsequent blood test showed elevated levels of carboxyhemoglobin — a known indicator of carbon monoxide exposure. Parents cited symptoms that subsided when children were moved to virtual instruction or homebound programs.
CMS was temporarily closed earlier this year following a carbon monoxide incident on Jan. 31 that prompted an evacuation. AHPS Superintendent Kim Halterman later confirmed that no carbon monoxide detectors were installed in the building, despite a 2020 state law requiring them.
Following the incident, AHPS contracted ECS Mid-Atlantic to perform air quality testing. While ECS reported low carbon monoxide readings, Fishwick’s filing claims the methods were flawed and insufficient, particularly for failing to test rooftop HVAC units directly or simulate conditions during peak operation.
Carbon dioxide levels measured in March reached over 3,000 parts per million (ppm) in some classrooms, well above the 1,000 ppm threshold associated with cognitive and physical symptoms in children. The brief criticizes the school system for comparing those levels to adult workplace standards set by OSHA, which allow up to 5,000 ppm.
In addition to gas exposure, the brief raises alarm over mold found in multiple areas of the building. According to an ECS report, moisture levels in some building materials reached 100 percent saturation. The report cautioned that due to time and budget constraints, the mold assessment was not comprehensive.
Jeff Oelrich, a certified industrial hygienist retained by the plaintiffs, called the testing inadequate and warned that mold is likely circulating through the HVAC system. He recommended further investigation behind drywall and in ductwork.
The school division has not conducted a full mold remediation or announced any plans to do so, according to the brief. A key HVAC unit (RTU-4), responsible for circulating fresh air throughout CMS, remains inoperable and is not scheduled for replacement until summer.
Under Virginia Supreme Court Rule 3:26, plaintiffs must show likely irreparable harm and a strong chance of success on the merits to justify a temporary injunction. The brief argues that both conditions have been met.
The plaintiffs are not requesting monetary damages in this brief. Instead, they ask the court to suspend in-person learning at CMS for the remainder of the school year, a period of roughly five weeks, and allow students to return to virtual instruction.
“This is not a radical demand,” the brief states. “It is simply asking AHPS to do again what it has already done: temporarily close the school in the face of ongoing health threats.”
Superintendent Halterman addressed concerns during a public press conference earlier this month, stating the district is working to install window units and improve air circulation. However, she acknowledged that the rooftop HVAC unit will not be replaced until after the school year ends.
The plaintiffs argue that those measures are too little, too late.
Read the full brief here: Fishwick_Brief_Filed_04222025_1887_001
