Midlands school district, conservative GOP caucus settle lawsuit over CRT allegations
Lexington 1 and the South Carolina Freedom Caucus have settled a lawsuit that claimed the district’s curriculum promoted indoctrination of students with “critical race theory-derived ideas.”
The civil case, which was filed against Lexington 1 by the Freedom Caucus in November, was closed Tuesday after a voluntary settlement agreement was reached. The caucus — a group of ultra-conservative House Republicans — had charged that the district uses curricula promoting the indoctrination of students with “critical race theory-derived ideas” and mandates that teachers and staff be trained in “racist” concepts, according to previous reporting by The State.
“Contesting this lawsuit would have redirected district resources, including employees’ time and attention, as well as taxpayers’ dollars, away from our primary focus,” Superintendent Gerrita Postlewait said in a news release. “We owed it to our entire community to find a solution that did not involve a lengthy and costly legal battle and to affirm that our district is, in fact, in compliance with all state laws. We are proud of the high quality public education Lexington One educators provide, and we want to put this matter behind us so that schools may receive the benefit of our full support.”
Last fall, members of the Freedom Caucus argued that district’s partnership with EL Education, a nonprofit that provides curriculum support and professional development to K-12 schools across the country, violated state law and the state Constitution. The caucus was given a video of an EL Education employee describing how to circumvent a state budget proviso that banned teaching ideas related to critical race theory, according to a news release.
Lexington 1 challenged the authority of the Freedom Caucus’ lawsuit, district spokesperson Libby Roof said in a statement. On the eve of the hearing to dismiss the case, the caucus had to find additional plaintiffs to avoid being kicked out of court, the statement said. At the hearing, a judge recognized the deficiencies of the complaint.
According to the settlement, Lexington 1 will end all agreements with EL Education Inc. for curricula and other services following the 2022-2023 academic year. The district will not renew any agreement for 2023-2024. The district can end its agreement with EL Education sooner.
In return, the Freedom Caucus agreed to dismiss the case. It has been considered a victory by the caucus.
“Career politicians, afraid to take on the teacher unions and education establishment, gaslit parents across South Carolina when we filed this lawsuit by claiming CRT wasn’t in our classrooms,” the Freedom Caucus chairman, Rep. Adam Morgan, R-Greenville, said in a news release. “Despite the naysayers, the Freedom Caucus persevered, and won.”
If the case had gone to court, the district would have had to answer requests for numerous documents, communications and materials, as well as anything referencing race, inclusion and affirmative action, among other terms, the district said.
Before the lawsuit was filed against Lexington 1, the district did an internal review of EL Education curriculum. It did not reveal any state law violations, according to a district news release.
Michael Burgess, a Lexington 1 teacher who has been a vocal supporter of EL Education at River Bluff High School where he teaches, said the school was rooted in EL practice since the beginning, and it created a “special place for thousands of students over 10 years.”
“Our (district office) flushed 10 years of work at (River Bluff High School) down the toilet by surrendering to the SC House Freedom (Caucus) who did not have a case!” Burgess said in a text message.
The Freedom Caucus has another ongoing lawsuit with the Charleston County School District which claims it is teaching critical race theory. The district also uses EL Education curriculum.
This story was originally published June 21, 2023 at 10:26 AM.
