Central Bucks Expected To Hire Law Firm To Investigate ACLU Complaint

DOYLESTOWN, PA — The Central Bucks School Board is scheduled to vote tonight to engage the Philadelphia law firm of Duane Morris to represent the district in connection with an administrative complaint filed by the ACLU of Pennsylvania, which alleges discrimination by the district on the basis of sex.

If approved, former United States Attorney William McSwain and former federal prosecutor Michael Rinaldi would lead the representation, performing an internal investigation into the issues alleged in the ACLU complaint and reviewing the district’s policies related to those matters.

“Both McSwain and Rinaldi have decades of investigative experience and are well-suited to serve and advise the board as it works to ensure a safe learning environment for all the district’s children,” said school board president Dana Hunter.

In early October, the ACLU-PA filed a complaint with the U.S. Department of Justice, Civil Rights Division, and the U.S. Department of Education, Office for Civil Rights, on behalf of seven students in the Central Bucks School District who allege a widespread culture of discrimination against LGBTQ+ students, particularly transgender students.

The complaint is based on a five-month investigation by ACLU-PA lawyers who interviewed dozens of students, family members, current and former teachers and other school staff, and community stakeholders. According to the legal complaint, the picture that emerged is of a "toxic educational environment for LGBTQ+ students that has been exacerbated recently by homophobic and transphobic actions and policies" taken by the school board and upper-level administrators.

The alleged discrimination is based on sex and the violation of the students’ rights under the 14th Amendment to the U.S. Constitution and Title IX of the 1972 Education Amendments, says the complaint.

“These children deserve a safe environment where they can learn and be their full selves without fear of being bullied by other students,” said Witold Walczak, legal director at the ACLU of Pennsylvania. “Unfortunately, rather than combat the toxic educational environment faced by LGBTQ+ students in Central Bucks, a new school board majority and the administration have exacerbated the problems with new homophobic and transphobic policies that have heightened the climate of fear for this group of students and supportive staff.”

Because the students in the complaint are all minors and due to the sensitive nature of the allegations, both the names of students and details of the discrimination they faced will not be released to the public.

“The students we represent share a common theme: they’ve endured persistent and often severe bullying by peers based on their sexual orientation or gender identity,” said Reggie Shuford, executive director of the ACLU of Pennsylvania. “The bullying was ignored by key school administrators and staff when the students sought help. The climate has become so bad in some school buildings that trans students are afraid to eat in the cafeteria and even go to school. This is no way to educate and treat children. It’s immoral, unethical, and illegal.”

On October 11, the school board responded to the action calling upon the ACLU to provide the district with an unredacted copy of the complaint and to bring to the board’s attention specific allegations of discrimination, harassment, or bullying so that the allegations can be addressed appropriately and with due regard for the rights of all involved.

“Unfortunately, the ACLU has refused to do so,” said Hunter. “The board is unwavering in its commitment to Central Bucks students and families and to ensuring that a high-quality, safe, and productive learning environment is provided for every student. There is no tolerance for discrimination, harassment, or bullying of any kind.”

In addition to withholding information about specific allegations, Hunter said the ACLU has chosen to use its complaint as a partisan, political tool.

“When announcing the ACLU’s complaint in a video posted to its Twitter page, ACLU Legal Director, Witold Walczak, said, ‘in November 2021, the school board was captured by extremists.’ Ironically, the video was posted on the ACLU’s Twitter page under a banner that reads, ‘ACLU - Let People Vote,’” said Hunter.

“To be clear, what Walczak is complaining about is the fact that the residents of the Central Bucks School District went to the polls and elected their representatives,” Hunter continued. “The board is not going to be distracted by the ACLU’s tactics. We will continue to focus on academics and on common-sense decisions to support the educational experience for every single student in the district. The Board will continue to support our parents and their right to direct the course of their children’s education, and the board will continue to do the work for which it was elected.

“We are eager for the findings of the Duane Morris investigation in order to address what has otherwise been, for nearly a month, hidden information,” said Hunter.

The U.S. Department of Justice, Office for Civil Rights (OCR), announced on October 20 that it would open an investigation into the ACLU’s complaint, but noted that “opening allegations for investigation in no way implies that OCR has made a determination on their merits.”

During the investigation, OCR said it would be "a neutral factfinder," collecting and analyzing relevant evidence from the complainant, the district, and other sources, as appropriate.

“OCR will ensure that its investigation is legally sufficient and fully responds to the allegation in accordance with the provisions of the Case Processing Manua (CPM). Our goal is the prompt, appropriate resolution of the complaint,” it said in a letter.

The ACLU-PA responded to the announcement by Tweeting, “That the U.S. Department of Education has decided to investigate is no big surprise. The evidence we collected was overwhelming. And awful. Public schools must welcome and support ALL students.”