T/E District’s Diversity Contractor Added As Lawsuit Defendant

PHILADELPHIA — California-based Pacific Education Group, which provided diversity teaching materials to the Tredyffrin/Easttown School District, was added as a defendant in a First Amendment federal lawsuit filed against the district by a parent.

Benjamin M. Auslander claimed in the April 15 federal lawsuit that the district violated his First Amendment rights when it prevented him from recording himself reading information provided by the district about critical race theory, according to the suit filed by his attorney, Walter S. Zimolong, Villanova.

Pacific Education Group (PEG) has 21 days to respond after receiving the lawsuit, according to a court order.
Senior Judge Harvey Bartle III on May 16 ordered that PEG be added to the case for it to move forward.
The lawsuit filed in U.S. District Court here also named Arthur McDonnell, the business manager, as a defendant.

At issue is whether Auslander is legally entitled to tape record information about school documents he was reviewing in a school district office.

Auslander asked the judge to enter an injunction prohibiting the district and McDonnell from preventing Auslander from reviewing the materials. He is also seeking nominal fees.

What is PEG?

In the spring of 2018, the district partnered with PEG to enhance the district’s policies and practices around racial equity, according to the district’s website.

PEG provided a two-day seminar designed to foster thoughtful exploration of how race influences the culture and climate of school, according to the website.

Approximately 150 faculty, administrators, support staff and school board members participated.
In the fall of 2020, the school board approved equity principles presented in the training.

• Recruit, hire and support the development of a racially and culturally diverse faculty, administration and staff.
• Practice inclusive, culturally responsive and anti-racist curriculum and instruction at all grade levels.
• Eliminate systematic barriers that result in disparities in standardized testing, academic outcomes, and co-curricular participation at all levels.

According to the lawsuit:

When Auslander went to the school office to review the PEG material, he made verbal recordings of what he was reading.

He was ordered by McDonnell to stop recording.

After Auslander refused, he was ordered to leave.

Brian R. Elias, a Blue Bell lawyer presenting the district, asked the judge to dismiss the case, arguing that the lawsuit does not pertain to an issue allowed in federal court.

Elias said the court does not have jurisdiction over "right to know" issues.