There is never a dull moment at Pennsbury School Board meetings, even when it comes to reviewing and discussing employment contracts. After a failed effort by Jeannine Delwiche to push through the contract at the November 21, 2024 school board meeting, Gibson’s contract was approved by a vote of 7-2 despite concerns about its legality and precedents. The Board members also considered extending Dr. Theresa Ricci’s contract for her current job role. Voting “Nay” on the contracts were TR Kannan and Donna Aherns, who expressed concerns over the retroactive pay detailed in the contract to July 1, 2024, given that the extension included a promotion into a newly created role of Superintendent. Video of the roll call vote can be viewed below:

What Is All The Fuss Over The Contract?

While both Ricci’s and Gibson’s contracts were up for Board approval, community dissent focused solely on the Gibson contract due to its promotion to Assistant Superintendent—a title not held by any other Human Resource leader in Bucks County. This contract would make her the highest-paid Human Resource leader in the county, despite lacking comparable experience. In comparison, Council Rock pays Ronnie Spring a base salary of $170,000, Central Bucks’ newly hired Robert Freiling receives $160,000, and Neshaminy’s Kelly Kozik earns $147,000. Each of these individuals has more work experience and equivalent educational achievements, as confirmed by their LinkedIn profiles.

The Gibson contract will increase her annual base pay plus a guaranteed doctoral stipend to $173,938, with annual increases significantly exceeding the cost of living adjustment (COLA). By the end of the contract, her base pay will exceed $200,000. The contract includes retroactive pay for the newly created, unbudgeted position, dating back to July 1, 2024. Additionally, the agreement guarantees an annual $500 contribution to a Section 125 plan and a $10,000 annual contribution to her 403(b) Retirement Plan. In total, Gibson’s annual direct compensation, retroactive to July 1, 2024, is now $184,438 to oversee Human Resources.

Public concerns around Gibson’s contract extension and promotion centered around her past involvement in violating the civil rights of Pennsbury resident Doug Marshall which led to a First Amendment lawsuit filed by the Institute For Free Speech, a subsequent federal injunction against Pennsbury to block further civil rights violations during public comment and a massive settlement of the case for $300,000. Additionally, residents expressed that the new contract will be in direct contradiction to new federal laws and Executive Orders that will go in place on January 20, 2025. Below is a segment of public comment featuring Robert Abrams’ statement about the contract:

What Legal Risks Did The Board Expose The Community To?

The contention lies in the fact that while the term “equity” was removed from the job title, the underlying contract language still details the role of overseeing the DEI program, which was approved in May 2021 and led to the Marshall v. Amuso lawsuit. Much of the controversy surrounding the DEI program stems from Dr. Cherrissa Gibson’s doctoral dissertation, which utilized Pennsbury student disciplinary and school lunch data but excluded records for Asian American, Native American, and Mixed Race students because they weren’t deemed “historically marginalized.”

Currently, in Congress, the Dismantle DEI Act moved out of the House Committee on November 20, 2024, for a vote. Additionally, Trump has declared that on his first day, he will put an end to DEI programs within America’s schools. The bills state that any school found to be deploying DEI in the classroom or within professional development of staff will forfeit all federal funds received. For Pennsbury, this would amount to $3.4 million in annual revenues, which the District would need to cover through local taxpayers, given they would still be subject to federal compliance for Special Education students even if not financially funded.

During Abrams’ public comment, he warned the Board of the consequences of moving forward with a contract that they know will likely be legally invalidated on January 20, 2025. Abrams also alerted the Board to a Pennsylvania law called “Surcharge,” which oversees the accountability of officials for misuse of public funds. If it is determined that Board Members displayed willful misconduct in administering their fiduciary duties to the Pennsbury community, any financial losses related to the approved contract could make the seven Board Members who voted in favor personally liable for the $3.4 million in lost federal revenues, any legal costs should their liability insurance provider refuse the claim, and any increases in liability insurance premiums due to another legal incident. Details about Surcharge are provided in the PDF below: