Law Firm Hired To Represent Central Bucks In ACLU Complaint

DOYLESTOWN, PA — The Central Bucks School Board on Tuesday voted to retain the law firm of Duane Morris to represent it in a complaint filed against the school district by the ACLU-PA alleging a pattern of discrimination based on sex.

In a 5 to 3 vote, the board agreed to engage the Philadelphia law firm to perform an internal investigation into the issues and review the district’s policies related to the complaint.

Former United States Attorney William McSwain and former federal prosecutor Michael Rinaldi will lead the representation, according to school board president Dana Hunter.

“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 Hunter.

Three board members, however, voted against the motion, including Dr. Tabitha Dell'Angelo, Karen Smith and Dr. Mariam Mahmud.

Dell-Angelo called McSwain “apologetically partisan” and said the former U.S. Attorney “has been very vocal in his support of the very kinds of policies that we’re supposed to be reflective about and to make sure we get right.

“A move like this makes us look like we’re less interested in getting it right and more interested in being right," said Dell-Angelo. "I actually support the idea of hiring counsel if we can hire someone who us going to be objective and help us do right by our students. But I can’t justify spending taxpayer dollars to have somebody tell us what we want to hear.”

McSwain, a Trump appointee, served as United States Attorney for the Eastern District of Pennsylvania from April 6, 2018 to January 22, 2021.

Smith also weighed in against the motion.

“For several months the board has been warned with formal letters from the ACLU, the Education Law Center and the National Association Against Censorship that our actions on certain policies and procedures violated students' rights and were likely to lead to legal action," she said. "The board majority ignored those warnings, which has resulted in our current situation.

"We have asked both publicly and privately for additional legal review and we were dismissed," continued Smith. "We are all taxpayers and as board members we are all stewards of taxpayer funds. It is our responsibility to proceed in a cautious and judicious manner. None of these policies and procedures required a hurried approach or necessitated ignoring warnings from well respected state and national organizations. I cannot approve spending what is likely to be thousand and thousands of additional taxpayer dollars to defend this legal action that could have been avoided."

In early October, the ACLU-PA filed its complaint with the United States Department of Justice, Civil Rights Division on behalf of seven students in 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.

According to the ACLU, 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.

“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 are not being 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.

“The Board is not going to be distracted by the ACLU’s tactics," said Hunter. "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.