The standoff between local school districts and the Federal Government over policies related to Diversity, Equity, and Inclusion (DEI), transgender rights, and cooperation with Immigration and Customs Enforcement (ICE) has begun. A recent Philadelphia Inquirer article highlighted the dilemma facing local school districts, noting that Federal executive orders conflict with Pennsylvania law. Pennsbury School District, known for its Liberal policies formulated under a 9-0 Democratic School Board for the past 12 years, now faces a critical decision. Will Pennsbury align its policies with Federal law, or will the School Board lead the community into another politicized Federal lawsuit during an election year that could cost the taxpayers $3.4M in federal funding?
Which Executive Orders Impact Pennsbury?
In the past week, the Trump Administration issued over 200 Executive Orders aimed at reversing policies from the Biden Administration. These orders will significantly impact the American education system, requiring schools to adhere to new Federal mandates or risk losing their Federal funding. Even if schools forfeit their funds, they must still comply with all related Federal mandates. The following are three Executive Orders that conflict with Pennsbury policy that will need to be addressed to avoid forfeiting $3.4M in funding that will have to be recouped in local property tax increases.
Gender Ideology Reversal
Trump rescinded an executive order from former President Joe Biden that directed federal agencies to enforce the Supreme Court’s ruling in Bostock v. Clayton County, which applied to all laws prohibiting sex discrimination. In the 2020 case, a 6-3 ruling affirmed that discrimination against LGBTQ individuals is considered sex discrimination under Title VII of the 1964 Civil Rights Act. The new Executive Order aligns with the Supreme Court ruling and existing Title VII language, stating that the U.S. government will only recognize a person’s sex assigned at birth, limit the definition of “male” or “female” to their reproductive cells, and potentially withhold federal funding from programs acknowledging transgender individuals or “gender ideology.”
The new Executive Order, titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” on the White House website, mandates the removal of any transgender policies enacted by school districts. Schools are instructed to reverse these policies within 120 days or risk losing federal funding.
Dismantling of DEI Programs
Last week, Trump issued an Executive Order to implement the language of the Dismantle DEI Act, which is expected to pass in Congress soon. This Order reverses Biden’s Executive Orders from his first day in office that expanded diversity training across the Federal government, created Diversity departments in all Federal agencies, and authorized significant grants for DEI and related social policies in school districts. A study by Parents Defending Education found over $1B in federal grants aimed at integrating DEI into the American education system.
The new Executive Order, titled “Ending Radical And Wasteful Government DEI Programs And Preferencing” on the White House website, mandates the removal of any transgender policies enacted by school districts. Schools are instructed to reverse these policies within 60 days or risk losing federal funding.
Assisting ICE in Illegal Immigrant Deportations
The Trump administration issued an Executive Order titled “Protecting The American People Against Invasion,” which focuses on the immediate deportation of illegal immigrants. The order mandates that the Federal government and any grantee receiving Federal funding must “faithfully execute the immigration laws against all inadmissible and removable aliens, particularly those aliens who threaten the safety or security of the American people.” Many interpret this to mean that even school districts must comply with the Executive Order and assist in enforcing immigration laws.
Administrators at Central Bucks School District in Doylestown, PA, have proactively started addressing their policies and informing the community about their obligations to comply with Federal law. Superintendent Steve Yanni has sent a communication to this effect. However, no such communication has been issued by Pennsbury, and there are no indications that Pennsbury is preparing any internal procedures to handle these Executive Orders, despite emails from PSD411 members to Pennsbury Solicitor Erin Aronson of Eastburn & Gray which have not received a response.
Will Pennsbury Comply Or Fight The Executive Orders?
Over the past two months, the actions of the Pennsbury “Mean Girls” and their attacks on Board Member Donna Ahrens for presenting a centrist viewpoint on Gay Pride Flags and other political symbols in the classroom have raised concerns about Pennsbury’s compliance. Board Members Jeannine Delwiche, Donna Petrecco, and Linda Palsky have clearly stated their political positions on Gender Ideology and DEI. At the December 2024 board meeting, the Bucks County NAACP showed strong support for a new contract for Dr. Cherrissa Gibson, which removed “Equity” from her job title but included “equity” in her job requirements and performance evaluation.
We will find out shortly if the Pennsbury School Board intends to comply with these new laws or forfeit the $3.4M in funding it receives annually from the Federal Government that is significantly earmarked to supporting Special Education.