Pennsylvania’s Department of Education rescinds controversial educational framework amid a First Amendment lawsuit.
PDE Settles Lawsuit, Rescinds Controversial Guidelines
The Pennsylvania Department of Education (PDE) has agreed to rescind its Culturally Relevant and Sustaining Education (CR-SE) guidelines following a settlement with several Western Pennsylvania school districts, teachers, and parents. The decision comes after a lawsuit filed by the Thomas More Society, a conservative legal group, claimed the guidelines were issued illegally and violated teachers’ First Amendment rights.
The Pennsylvania Department of Education agreed to reverse a progressive policy after a legal nonprofit challenged its standing in court. | @WelzAlex https://t.co/CXOPtaQX55
— National Review (@NRO) November 15, 2024
The CR-SE guidelines, which were part of a broader framework, required teachers to reflect on their biases, challenge microaggressions, and provide equitable learning opportunities, particularly for marginalized groups. Critics argued that these mandates overstepped constitutional boundaries and imposed specific ideological beliefs on educators.
Pennsylvania DOE repeals teacher ‘cultural competency’ mandates after legal challenge
Plaintiffs' lawyer: had required teachers to 'believe and acknowledge that microaggressions are real.'
Story below 👇 pic.twitter.com/35LFYen30B
— The College Fix (@CollegeFix) November 17, 2024
Legal Challenges and Settlement Details
The lawsuit against the PDE contended that the guidelines were implemented without proper rule-making processes and included standards for specific beliefs. As part of the settlement reached in November 2023, the Department of Education will notify schools that they are no longer legally obligated to implement the CR-SE guidelines.
“The public schools, teachers, and parents never had an opportunity to be heard on these issues.” Thomas W. King III
Thomas W. King III, representing the plaintiffs, further commented on the nature of the guidelines, stating, “They’re quite radical” and “You can’t regulate thought that way.” The settlement is viewed as a significant victory by conservative groups who opposed what they perceived as ideological overreach in education.
Introduction of the “Common Ground Framework”
In response to the settlement, the PDE has introduced a new “Common Ground Framework.” This updated approach incorporates elements of the former guidelines while expanding its focus to include student trauma, technology engagement, and inclusivity for underrepresented groups. Unlike its predecessor, the new framework is not mandatory for schools to implement.
The Common Ground Framework emphasizes competencies in cultural awareness, trauma-aware mental health, and technological engagement. It encourages teachers to create equitable learning environments by challenging stereotypes and biases but does so without the prescriptive nature of the previous guidelines.
Implications for Education in Pennsylvania
While the settlement marks a significant shift in PDE’s approach, it’s important to note that it does not affect colleges and universities. Additionally, individual school districts retain the right to adopt the former guidelines independently if they choose to do so. Teacher preparation programs are still required to cover culturally relevant education, though the specific guidelines for this requirement are changing.
The Pennsylvania Educator Diversity Consortium has reaffirmed its commitment to preparing teachers to educate diverse student bodies, indicating that efforts to promote inclusive education will continue, albeit under a different framework. As the education landscape in Pennsylvania adapts to these changes, stakeholders across the spectrum will be watching closely to see how the new Common Ground Framework is implemented and its impact on students and educators alike.
Sources:
https://www.inquirer.com/education/pde-teaching-guidelines-lawsuit-settlement-20241114.html