Couple details allegations against W-JCC School Divison

The couple suing the Williamsburg-James City County School Board filed a report in W-JCC General District Court Monday detailing the allegations.

James City County residents Sandra and John Magda filed the suit Jan. 3. It asserts that the board and school division owes them $25,000 for "legal fees, damages resulting from school bullying," according to court documents.

Filing a Bill of Particulars, a document account detailing why the board owes them the money, is the next step for the couple to move forward in the case. They already filed a civil claim for the money.

"I think it's pretty self-explanatory, it's laid out completely what has been going on," Sandra Magda said Tuesday. "They had a duty to protect the children and they knew this was an ongoing, escalating problem and they failed to protect a student in their care. That sums it all up."

The Magda's five-page document has 35 lines of allegations related to their daughter's bullying, laid out in a timeline. Their daughter was a student at Clara Byrd Baker Elementary School in February 2015, which is when they state she was being bullied at school, according to court documents.

The document lists things the Magda's daughter was allegedly told by another student, including "her family does not love her," "(she) doesn't matter" and "left handers are failures." The document states the Magda's daughter was "physically assaulted" on May 14, 2015, by the same student, referred to as "The Bully" throughout the document.

School Board Chairwoman Kyra Cook declined to comment.

The suit claims that the school, and its former principal Phyllis Dorsey, who retired in 2016, did not follow W-JCC procedures when drawing up a bullying report, according to court documents.

"CBB (Clara Byrd Baker Elementary School) violated FERPA, civil rights laws regarding harassment, child find responsibilities under IDEA, Virginia state education law, and WJCC local Student Code of Conduct and Policy Manual. CBB failed to follow protocol and policy with regard to Bully's creation of a hostile environment for Minor Child," the document states.

The document outlines medical costs for their daughter's counseling, amounting to $165.00 for each weekly visit, and a $35.00 monthly cost for their daughters medication after she was diagnosed with "anxiety, acute depression and school phobia," according to court documents.

The Bill of Particulars does not detail legal fees, which are noted in the original civil suit filling.

The civil case was first heard in court on Feb. 6, but was continued to April so the Magdas could collect and produce evidence, and the school division could respond to their allegations.

School division officials have until March 20 to provide their Grounds of Defense, which is their response to the allegations, according to court records.

The case has a second hearing scheduled for April 28 in W-JCC General District Court, with a motion hearing set four days earlier on April 24.

Williams can be reached by phone at 757-345-2341.

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