Executive Summary
- Julie Xirau filed a $150 million lawsuit against SECEP alleging wrongful death.
- The suit claims 11-year-old Josh Sykes was held in a “makeshift prison” at school.
- An autopsy reportedly cited “head trauma” as the cause of death.
- CPS investigations found evidence of abuse and neglect but identified no specific perpetrator.
- The Virginia Beach School Board is currently reviewing its policies on student seclusion.
A Virginia mother has filed a $150 million wrongful death lawsuit against Southeastern Cooperative Educational Programs (SECEP), alleging that her 11-year-old son with autism died as a result of injuries sustained while confined in a “makeshift prison” at a Virginia Beach elementary school. The complaint, filed in the Circuit Court of the City of Norfolk, asserts that the child, Josh Sykes, suffered fatal head trauma after being isolated by staff members on October 31, 2024.
According to the lawsuit, employees at Pembroke Elementary School constructed a containment area using “heavy duty straps, bookcases, and bookshelves.” The complaint alleges that Sykes, a fourth grader with an individualized education program (IEP), was confined in this space for more than two hours. The filing details that during this period, the non-verbal student allegedly pleaded, “I want my mommy, I miss my mommy, I don’t want to go to jail,” and struck his head on the floor, sustaining injuries that the plaintiff claims contributed to his death days later.
Matthew Moynihan, the attorney representing the family, stated that an investigation by Child Protective Services (CPS) concluded in November 2024. Moynihan reported that CPS found evidence of abuse and neglect connected to the incident but could not definitively identify the specific individual responsible for the abuse. The attorney further noted that CPS cleared Sykes’ mother of any allegations, deeming them unfounded. The Virginia Beach Police Department reportedly initiated an investigation in early 2025, though officials have not publicly commented on the status of the case.
The lawsuit seeks to hold SECEP and specific employees accountable for what the family describes as systemic mistreatment. Following Sykes’ death, the Virginia Beach Special Education Advocacy Committee (SEAC) recommended that the Virginia Beach School Board ban the practice of seclusion in classrooms. In a recent meeting, the School Board referred the matter back to the Policy Review Committee. Board member Matthew Cummings issued a statement acknowledging that the practice of seclusion is “antiquated” and called for the district to evolve toward more supportive models.
Legal and Regulatory Ramifications
This lawsuit underscores the intensifying legal and regulatory scrutiny regarding the use of seclusion and restraint in special education environments. The allegations of a “makeshift prison” challenge the compliance of current practices with state safety standards and federal disability rights laws. The outcome of this civil litigation, alongside the pending policy review by the Virginia Beach School Board, could establish significant precedents for liability in cases involving the physical containment of neurodivergent students. Furthermore, the findings of abuse by Child Protective Services may exert pressure on law enforcement to conclude their criminal inquiry. It is important to note that the defendants named in the lawsuit have not been convicted of any crime, and all individuals are presumed innocent until proven guilty in a court of law.
