In a significant ruling, a federal judge has declared that a Pennsylvania law criminalizing the release of information related to teacher disciplinary complaints is a violation of the First Amendment.
The ruling came in response to a case involving a school board member seeking to publicize a misconduct allegation against his son’s school psychologist. The board member aimed to criticize the state’s handling of the complaint without facing prosecution for the disclosure.
The focal point of the case is the Educator Discipline Act, a Pennsylvania state law governing how the Pennsylvania Department of Education handles investigations and prosecutions of misconduct complaints against teachers and other school staff.
The contested provision in the law makes it a misdemeanor to disclose the existence of a state complaint or any related information until disciplinary action is taken.
The judge’s decision in favor of the school board member reflects an unusual legal scenario, given that criminalizing the disclosure of educator misconduct complaints is a rare and potentially unique occurrence among states.
Jimmy Adams, the executive director of the National Association of State Directors of Teacher Education and Certification, noted the rarity of such a law. He stated that, to his knowledge, no other state has a similar provision, even though state education agencies typically refrain from releasing information while investigations are ongoing.