The civil case names SECEP and four staffers and challenges how a classroom space at Pembroke Elementary was used.
NORFOLK, Va. — A $150 million wrongful death claim filed Jan. 9 in Norfolk Circuit Court accuses the Southeastern Cooperative Educational Program and four of its employees of confining Joshua “Josh” Sikes, 11, inside classroom furniture at Pembroke Elementary in Virginia Beach days before he died at home on Nov. 3, 2024.
The lawsuit by his mother, Julie Xirau, argues the setup—described in exhibits as shelves and cabinets strapped together—functioned as an unauthorized seclusion area that violated the child’s education and behavior plans. The case lands amid a broader debate over restraint and seclusion in special education programs. Investigations by police and child protective workers have not led to criminal charges. The Office of the Chief Medical Examiner ruled Sikes’ death the result of complications from a seizure disorder, a finding defense lawyers are expected to highlight as the civil process unfolds.
According to the complaint and previously gathered internal reports, staff placed Sikes in the enclosed area for hours on Oct. 31, 2024, after behavioral outbursts. The filing says the floor was not padded and alleges he struck his head repeatedly while confined. Staff called his mother to pick him up but did not disclose a head injury, the lawsuit claims. The next day, Nov. 1, he appeared unusually tired and withdrawn. On Nov. 2, Xirau took him to an emergency room, where clinicians discharged him with instructions to follow up with a pediatric neurologist. He died in his sleep early the next morning. “What these professionals were doing — I don’t see how it passes any muster,” said attorney Matthew Moynihan, who represents Xirau.
SECEP, created in 1978 by a consortium of public school divisions, runs classrooms across Hampton Roads and serves about 1,500 students with medical and behavioral needs on a budget of roughly $60.2 million. Executive Director Laura Armstrong said she could not comment on pending litigation or personnel matters. The defendants are identified as Katherine Wynne, Theresa Renvyle, Nicole Smrz and Carole Parker, employees assigned to Sikes’ classroom. Photo exhibits appended to the complaint show a corner space blocked by furniture to form a barrier on all sides. The filing also describes text messages exchanged among employees after Xirau notified SECEP of her son’s death. Investigators reviewed classroom practices following the incident; police say the case remains open.
The suit contends the seclusion space and restraints were not authorized by Sikes’ Individualized Education Program or his Behavior Intervention Plan and that program staff failed to follow requirements for reporting injuries and notifying a guardian. SECEP’s own description of seclusion calls it a method to calm a student during disruptive behavior; the complaint argues the practice, as used here, punished and escalated rather than de-escalated. The child’s limited verbal skills may have complicated efforts to describe what happened, the lawsuit says. While the medical examiner’s determination lists a natural cause, civil juries can find liability when conduct is shown to have contributed to harm, a question that will likely hinge on medical experts and timelines in discovery.
The initial filing seeks compensatory and punitive damages and a jury trial. Defense responses are expected next, followed by scheduling orders. Discovery could include depositions of the four employees, administrators, and medical personnel, along with production of internal reports, staff training records and communication logs. Separate from court, school divisions that contract with SECEP may review placement and training practices. Any policy changes would likely be considered at the division or consortium level after the civil case develops. No disciplinary outcomes tied to the Oct. 31 classroom incident have been publicly announced.
Outside the legal filings, neighbors near Pembroke Elementary said the lawsuit has prompted conversations about how crises are handled in inclusive settings. Parents arriving for dismissal this week traded brief updates at the curb while avoiding speculation. A former aide who once worked in a different program classroom described long-standing challenges in balancing safety, training and staffing. Xirau’s attorney said the family remembers a boy who liked Halloween and music and is focused on accountability. No public statements from the four employees had been posted as of Wednesday.
As of Wednesday, the suit was newly docketed without a hearing date. The next expected step is the defendants’ formal response, which a judge will use to set motions and a timeline for discovery in the months ahead.
Author note: Last updated January 14, 2026.