VIRGINIA BEACH, Va. — A Hampton Roads mother, Julie Xirau, has filed a $150 million lawsuit against Southeastern Cooperative Educational Programs.
She alleged her 11-year-old son, who had autism, was mistreated at Virginia Beach’s Pembroke Elementary School.
The family attorney said they are seeking justice for the boy and hope to spark a conversation that leads to permanent changes in seclusion practices in schools.
The suit, filed in the Circuit Court of the City of Norfolk, alleges that on October 31, 2024, fourth grader Josh Sykes was placed into a “makeshift prison” constructed using “heavy duty straps, bookcases, and bookshelves” by Southeastern Cooperative Educational Programs (SECEP) employees.
“For us that have children, it’s a challenging read, what’s in the complaint, and what Julie’s been through here,” said Matthew Moynihan, the family’s attorney.
Moynihan said Josh Sykes was a child with autism and had an individualized education program, or IEP.
“Josh was her only child, Josh was an individual with limited means to express himself, he wasn’t blessed with the ability to tell his mother about what happened during his days at school or elsewhere,” Moynihan said.
The complaint alleges Sykes was isolated for more than two hours, pleading the following:
“I want my mommy, I miss my mommy, I don’t want to go to jail, no more angry bear.”
The complaint goes on to say Josh suffered injuries to his head from striking it on the floor, which may have contributed to his death days later.
According to the lawsuit, Sykes died of “head trauma.”
Moynihan said the case was taken up by the Virginia Beach Police Department, as well as Child Protective Services, in early 2025. He said the CPS investigation concluded in November of last year and found abuse and neglect, but could not determine who abused Josh.
He also said any allegations against Josh’s mother were cleared and deemed unfounded by CPS.
“You could imagine reading those after the fact, trying to imagine what Joshua was going through, and how his feelings were being processed, and how he was trying to tell those people around him who were tasked with keeping him safe, how he was feeling, only to be left in that area for two and a half hours, it just breaks your heart,” said Moynihan.
Moynihan said the Virginia Beach Special Education Advocacy Committee (SEAC), since Sykes’ death, has advised the Virginia Beach School Board to ban the use of seclusion.
Tuesday evening, the School Board decided to send that discussion back to the Policy Review Committee for further review.
When reached for comment by 13News Now, School Board member Matthew Cummings acknowledged the “additional” review and said in a statement:
“It is time for our organization to evolve by ending the use of seclusion. This practice is antiquated and no longer should have a place in our schools. Given that multiple districts across the Commonwealth have already successfully transitioned to more supportive models, we know a better way is possible. It is time we join them in moving forward.”
“It’s my understanding that SEAC made a recommendation to the school board to outlaw the use of seclusion in Virginia Beach city public classrooms,” Moynihan said. “I don’t understand why it’s taken so long.”
13News Now reached out to SECEP, as well as all of the employees listed in the complaint, but did not hear back on Tuesday.
The family attorney said Sykes’ mother continues fighting for change and justice for her son.
“Make sure that another family doesn’t have to go through this, that there are steps and actions taken to make sure that those with special needs, like Joshua, and the next generation of children don’t have to fight these same battles,” said Moynihan.
13News Now also reached out to Virginia Beach police for clarity on their investigation and has not yet heard back.
Moynihan said the lawsuit is in the process of being served to all defendants. After that, the defendants will have 21 days to file responses in court.