The $1M Central Bucks investigation into ACLU's anti-LGBTQ allegations is ready for release
The Central Bucks School District will meet Thursday to discuss the findings of its estimated $1 million internal investigation into allegations of LGBTQ+ discrimination.
The Philadelphia law firm Duane Morris LLP will present the findings at a special 6:30 p.m. board meeting at the district’s administrative office on Welden Drive in Doylestown Township. It is unclear if the district will make the report immediately available to the public.
Last November the board voted 6-3 along political lines to hire the firm to investigate allegations contained in a 72-page complaint filed by the ACLU of Pennsylvania on behalf of seven LGBTQ+ students who alleged a pattern of policies and practices that exacerbated hostilities toward them. The department's Office of Civil Rights accepted the complaint for investigation.
Attorneys Bill McSwain, a former U.S. prosecutor and Republican Pennsylvania governor candidate, and former federal prosecutor Michael Rinaldi headed the probe, which included reviewing district policies listed in the ACLU complaint as problematic and harmful.
The district faced criticism for its choice of McSwain to lead the investigation because of concerns of bias based on his previous legal work for the Boy Scouts of America in an LGBTQ+ discrimination case and an online comment he made last year calling a sign posted at a West Chester Area School “leftist political indoctrination.”
Here is a rundown of the highlights of the $1 million investigation.
Influence of ILC in Pa school districts Libraries to locker rooms: How a religious law firm is changing PA school policies
Why did Central Bucks want an internal investigation?
District officials have vehemently denied accusations that recently enacted policies and actions are anti-LGBTQ+ or an attempt at silencing students and their allies. They maintain the district has “zero tolerance” for discrimination, harassment and bullying.
In a November statement, school board President Dana Hunter, part of the Republican majority voting bloc, called the ACLU complaint a politically motivated attack and the federal agency investigation a “political ploy" in response to the outcome of the 2021 school board race that led to a GOP majority.
District officials have complained that the ACLU has refused its request for an unredacted copy of the complaint, which does not identity the student plaintiffs. Without student names, the district argues, it is unable to confirm the validity of the claims or resolve them.
The ACLU has said the redaction protects minors who fear retaliation and alleges that the district is aware of students and families involved because they contacted them repeatedly, met with administrators and filed reports of poor treatment without action.
CBSD board tensions flare over slur Did Central Bucks board member call superintendent, colleague Nazis. What the email says
What does the ACLU allege in its complaint?
ACLU lawyers interviewed dozens of students, family members, current and former teachers and other school staff, and community stakeholders, who say LGBTQ+ students have faced worsening treatment following "homophobic and transphobic actions" taken by the school board and upper-level administrators, according to the complaint filed last October.
Among the district actions the complaint identifies:
Abruptly ended the district’s relationship with the Gender and Sexuality Clinic at the Children’s Hospital of Philadelphia, which provided school counselors with training on how to support transgender youth. District officials blamed the cancellation of a planned training in May on a professional employees’ union request.
The school board’s “mockery” of a trans-inclusive workshop for teachers and its rejection of effort to expand staff training regarding support of LGBTQ+ and non gender conforming students.
Disciplining guidance counselors and teachers who took steps to address allegations of bullying or spoke out publicly in support of LGBTQ+ and transgender students and against transphobic policies.
Directing teachers in some schools to use student name and pronouns based on their birth-assigned sex unless the student’s parent say otherwise. The district also has directed teachers to notify guidance counselors if a student wants to be called a different name or pronoun, so parents can be notified.
Banning Pride flags and other symbols of the LGBTQ+ community in classrooms, and issuing a public statement calling them “a flashpoint for controversy and divisiveness” and a “symbol for taking sides.”
What are the objections of CBSD books Concerns cited in Central Bucks' 61 book challenges fall outside policy. We have the files
Where is the Office of Civil Rights at in its Central Bucks investigation?
There is no time table for completing the investigation and the agency is not commenting.
The OCR may use a variety of fact-finding techniques including review of evidence submitted by both parties, interviews of the complainants, and other witnesses, and site visits.
It will issue a determination for each allegation. The OCR determination will be explained in a Letter of Findings sent to the ACLU and the district. The OCR’s formal policy statements will be made public.
If the OCR determines the district failed to comply with the civil rights law it will attempt to negotiate a voluntary resolution agreement.
If the district does not agree to correct any noncompliance the OCR may initiate administrative enforcement proceedings or refer the case to the Department of Justice to enforce the specific terms.
How do we know it cost $1M for the Central Bucks investigation?
At a March finance committee meeting, the district’s chief of operations said she estimated the legal bills for the investigation will be at least $1 million.
Board members were told the estimate was based on the only bill that Duane Morris had submitted for $114,000 which reflected 15 days of work in November. Insurance should cover a portion of the bill, but officials have not specified the amount the district will pay.
Author of CBSD challenged book speaks 'Lawn Boy' survives Central Bucks book ban. Author Jean Kwok hopes her book does, too
This article originally appeared on Bucks County Courier Times: Central Bucks investigation into ACLU complaint by LGBTQ students set
