Judge Rules Provision of PA Ed. Law is Unconstitutional (January 26, 2024)

A ruling by a federal judge avers that a PA law’s confidentiality provision that makes it a misdemeanor to disclose the existence of a state complaint or any information about it unless and until discipline is imposed is an unconstitutional violation of the First Amendment. The ruling is a result of the plaintiff, a school board member who is also the parent of disabled children, seeking to publicize a misconduct allegation against the school psychologist who has worked with his sons. The parent also criticized the PA Department of Education’s (PDE) dismissal of his case.

The Educator Discipline Act is a state law that controls how PDE addresses misconduct complaints against school staff.

PDE has yet to decide whether it will appeal the ruling.

For more details on the case, visit 10 Philadelphia by clicking here.