ĚÇĐĶŻÂţvlog

States

A State Changed Anti-Bias Guidelines for Teachers After a Lawsuit. Will Others?

By Brooke Schultz — November 21, 2024 5 min read
Students arrive for classes at Taylor Allderdice High School in the Squirrel Hill neighborhood of Pittsburgh on Jan. 23, 2024.
  • Save to favorites
  • Print
Email Copy URL

Pennsylvania’s state education department will no longer require school districts to follow its initial guidelines that sought to confront racial and cultural biases in education and better prepare teachers to support students of color. The change comes after a conservative group challenged the guidelines in court, and it reached a settlement with the state agency on Nov. 13.

The lawsuit, filed by the Thomas More Society, a nonprofit conservative law firm based in Chicago, on behalf of school districts and families, took issue with the education department’s 2022 guidelines. They were implemented for the ongoing education of teachers—in educator preparation, during the first few years of their teaching career, and in continuing professional development—so they could examine their own biases and diversify their curriculum.

The updated guidelines borne out of the settlement are better than those that were in place before and “more accurately reflect what we’re trying to get at,” said Carrie Rowe, the deputy secretary of elementary and secondary education. She said this framework retains an emphasis on cultural awareness, but the department clarified language and added two new pieces to incorporate an emphasis on mental wellness and trauma-informed instruction.

Still, the , which comes on the heels of a presidential election in which politically divided Pennsylvania ultimately favored Donald Trump, could serve as a bellwether for other states at a time when the country is experiencing a broader shift to the right.

Though it might not be an outright conservative win, it’s not exactly a conservative loss either, said Jonathan Plucker, an education policy professor at Johns Hopkins’ school of education.

“When stuff happens in Pennsylvania, it does tend to ripple through much of the rest of the country. The fact it’s happening there in a pretty high-profile way means lots of people are going to be watching and paying attention,” Plucker said. “This is not a minor deal, this is a pretty big deal.”

A settlement rescinds and replaces guidelines for culturally relevant teaching

The department’s original framework stemmed from a 2022 regulation adopted by the state board of education, which requires districts to offer professional learning focused on teaching diverse learners in inclusive settings. The settlement does not change the regulation, but it does alter what types of professional learning can now satisfy the requirement.

The original guidelines identified nine competencies for teachers, including reflecting on one’s own cultural lens, identifying and taking steps to address bias in the system, designing culturally relevant learning, providing equitable access to learn, and educating oneself on microaggressions and their impacts.

See also

conceptual illustration of a classroom with colorful roots growing beneath the surface under the teacher and students
Vanessa Solis/Education Week and Getty Images
Teaching Explainer What Is Culturally Responsive Teaching?
Madeline Will & Ileana Najarro, April 18, 2022
17 min read

In a statement, Thomas Breth, one of the Thomas More Society attorneys, called the initial regulation “blatantly ideological” and an “attempt to inject â€woke’ activism into school curricula.”

The new framework is an “effort to create an inclusive learning environment for all students,” according to the agreed-on guidelines, noting that the guidance on helping teachers handle issues surrounding mental wellness, use trauma-informed approaches to instruction, and employ technical and virtual strategies is necessary because those factors “can inhibit student success in the classroom if unaddressed.”

Now, cultural awareness is a competency within the framework, but the guidelines have grown to include the two other prongs.

“I believe that the plaintiffs’ concerns were really rooted in that First Amendment challenge that it could be construed through the wording of the competencies that the department was trying to impose a belief system on aspiring or current teachers,” Rowe said. “Understanding that that is not at all what we were attempting to do with these competencies, I think that’s really what allowed us to enter into a settlement agreement, where they could simply be reworded.”

Notably, Plucker said, the settlement did find common ground—an acknowledgement that a student’s background affects their learning. But the education department and the plaintiffs argued about what types of diversity matter.

With the settlement, the department has issued a new framework that aims to help ĚÇĐĶŻÂţvlog “better understand and relate to” students experiencing homelessness and food insecurity, military-connected students, children of migratory seasonal farm workers, students with disabilities, and students who have experienced trauma.

“I don’t mind the fact that the second iteration is better than the first. I think that’s exactly what we try to teach our students as well—to listen to the feedback around them and make adjustments where it’s necessary,” Rowe said.

The framework is not required in districts’ professional development plans, and there is nothing stopping schools from using the old guidelines.

The lawsuit was filed in April 2023 on behalf of three western Pennsylvania school districts—Laurel, Mars Area, and Penncrest—with attorneys arguing that the regulations violated constitutional free speech protections.

The Pennsylvania Educator Diversity Consortium, which helped pen the original framework, said it is reviewing the agreed-upon guidelines.

“PEDC remains ready to support efforts to ensure that every teacher is fully prepared to provide the best education possible for every student, regardless of their background,” the consortium said in a statement.

After a focus on DEI objectives, the pendulum is swinging back

Pennsylvania’s initial framework was part of a nationwide emphasis on diversity, inclusion, and equity initiatives that grew out of the racial reckoning of 2020, when the nation was confronting its racist past and how it persisted in the wake of the police killing of George Floyd in Minneapolis—and others.

Culturally relevant pedagogy stems from a framework introduced in the 1990s on the type of instruction that helps all students—especially students of color—succeed academically, accept and affirm their cultural identity, and learn how to challenge inequities.

See Also

conceptual illustration of a classroom with colorful roots growing beneath the surface under the teacher and students
Vanessa Solis/Education Week and Getty Images
Teaching Explainer What Is Culturally Responsive Teaching?
Madeline Will & Ileana Najarro, April 18, 2022
17 min read

Plucker described Pennsylvania’s rescinded guidelines as “pretty typical” and not particularly “envelope-pushing.” Nationally, other schools and universities have made similar moves.

But DEI efforts have increasingly come under fire, with legislation in at least 18 states banning or restricting how schools can talk about race and relentless attacks on them from Republicans through the 2024 campaign. The pendulum is swinging back, he said.

“We certainly saw that happen with a lot of Supreme Court cases, affirmative action and things like that,” he said. “This all feels related to me. We moved in one direction, and now we’re moving back in the other. It’s going to be interesting to see where we end up.”

Events

College & Workforce Readiness Webinar How High Schools Can Prepare Students for College and Career
Explore how schools are reimagining high school with hands-on learning that prepares students for both college and career success.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
GoGuardian and Google: Proactive AI Safety in Schools
Learn how to safely adopt innovative AI tools while maintaining support for student well-being. 
Content provided by 
Reading & Literacy K-12 Essentials Forum Supporting Struggling Readers in Middle and High School
Join this free virtual event to learn more about policy, data, research, and experiences around supporting older students who struggle to read.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.

Read Next

States Ryan Walters, Okla.’s Fiery Education Chief, to Step Down
Oklahoma state superintendent announces his resignation after nearly three years of near-constant controversy.
Andrea Eger, Tulsa World
3 min read
State Superintendent Ryan Walters leaves the Oklahoma State Board of Education meeting on April 25, 2024 in Oklahoma City.
Oklahoma State Superintendent Ryan Walters leaves a state board of education meeting on April 25, 2024 in Oklahoma City. Walters, a conservative firebrand who was constantly in the news during his three years in office, will run an organization that encourages teachers to leave their unions.
Nick Oxford/Human Rights Campaign via AP
States The Future of Annual State Testing Is in the Trump Admin.’s Hands
The Ed. Dept. has invited states to request waivers from accountability requirements.
7 min read
A teacher at Audrey H. Lawson Middle School in Houston, Texas, marks a grade on a class worksheet on Sept. 6, 2023.
A teacher at Audrey H. Lawson Middle School in Houston marks a grade on a worksheet on Sept. 6, 2023. Texas lawmakers have passed a bill that would drop the state's once-a-year STAAR test in favor of a model in which students are tested three times a year.
Yi-Chin Lee/Houston Chronicle via AP
States More States Guarantee Students the Right to Religious Instruction Off Campus
At least 12 states require school districts to offer "released time" religious schooling upon parental request.
Robbie Sequeira, Stateline.org
6 min read
A LifeWise Academy bus drops off students.
A LifeWise Academy bus drops off students.
LifeWise Academy
States How This State Is Protecting Undocumented Students’ Right to an Education
Illinois lawmakers passed a bill locally codifying the 1982 U.S. Supreme Court decision in Plyler v. Doe.
4 min read
Illinois Gov. JB Pritzker talks with two crossing guards on Aug. 27, 2025, in the Bronzeville neighborhood of Chicago.
Illinois Gov. JB Pritzker talks with two crossing guards on Aug. 27, 2025, in the Bronzeville neighborhood of Chicago. On Aug. 15, 2025, he signed into law a bill that protects all students' right to a free, public education regardless of immigration status.
Erin Hooley/AP