Educational issues have become a flashpoint for local and national elections in the last few years. From parents clamoring for more control over curriculum to exhausted teachers fighting for more resources, school boards everywhere are taking it from both sides. But in Pennsylvania, the Central Bucks school board is gaining national attention for passing Policy 321, preventing teachers from displaying pride flags in their classrooms.

Policy 321 and LGBTQ+ Support

While Policy 321 has garnered a lot of attention because of its ban on displaying stickers, posters, flags, and décor that can lead to “contention” in the classroom, the policy is much broader than that, attempting to control the political and advocate activities of students and employees both in and out of the classroom. Policy 321 prohibits employees from:

• Advocating for “any partisan, political, or social policy issue” in the classroom,
• Engaging in any “partisan, political or social policy electioneering or campaigning unrelated to employee representative elections,”
• Distributing petitions or pamphlets on any partisan political or social issue,
• Collecting or soliciting funds or volunteers for partisan political or social campaigns or activities, or
• Encouraging students to advocate for “any partisan, political, or social policy issue.”

The policy also informs employees who hold elected or appointed offices that they aren't entitled to time off from their duties at work unless allowed under their leave policies or collective bargaining agreement.

Policy 321 also comes on the heels of a complaint filed by the ACLU in Pennsylvania against the Central Bucks School District, alleging the district created a hostile environment for LGBTQ+ students by violating Title IX of the Education Amendments of 1972. The complaint alleges the district failed to take reasonable measures to stop persistent bullying of LGBTQ+ and gender non-conforming students. The Department of Justice is investigating the allegations.

Discrimination at School

Title IX prohibits discrimination based on sex in any school receiving federal funds, including K-12 schools, colleges, and universities. Sex-based discrimination also includes discrimination based on sexual orientation and gender identity. As a result, some examples of sex discrimination found in schools may include:

• Forcing students to attend puberty classes based on their gender assigned at birth,
• Forcing students to use bathrooms or locker rooms based on their gender assigned at birth,
• Prohibiting teachers from using gender-affirming pronouns or student-preferred names,
• Intimidating or retaliating against staff members who express support for LGBTQ+ students,
• Allowing harassment, intimidation, and gender-based bullying of students, and
• Unfair treatment based on sex or gender.

You Need an Experienced Education Attorney-Advisor

The consequences can be serious if you're a student facing discrimination at school or a teacher facing disciplinary action because of your support for students at school. As a student, you can lose out on valuable educational opportunities and face unfair disruption of your studies. As a teacher, you can face career impacts and even job loss. But you don't have to face these issues alone.   The skilled Education Law Team at the LLF Law Firm have been protecting the rights of students and educators nationwide for years. Find out how they can help you. Call the LLF Law Firm today at 888-535-3686, or contact them online to set up your consultation.