Central Bucks to pay suspended teacher, attorneys $425k, remove references to report

Central Bucks middle school teacher Andrew Burgess will return to the classroom under an agreement that includes a six-figure payment and scrubs a district report that blamed him for federal investigations involving anti-LGBTQ discrimination complaints that divided the community.

The school board voted 5-1 Tuesday night to approve the settlement with Burgess, a social studies teacher who was suspended indefinitely nearly a year ago. James Pepper, the lone Republican on the board, voted against the settlement. Board member Rick Haring was absent.

Pepper said that he was troubled that the board was settling with Burgess before any depositions were taken in the case, which he described as unusual in his legal experience.

"That, for me, is very, very problematic. Exceedingly problematic," said Pepper, a practicing attorney. "I've never seen anything like this."

Following the settlement approval, board President Karen Smith, a Burgess supporter, read a statement welcoming Burgess back to the classroom.

"While the resolution of your lawsuit may legally end the conflict, it does not take away the pain you had to endure as a result of the questionable findings about you in the report and public presentation by the Duane Morris law firm," Smith said. "Please know you are a respected and valued member of our staff and we look forward to seeing you back in class."

On Thursday, Smith confirmed that insurance will cover the settlement minus a $75,000 deductible. She added the board wanted to settle the case quickly after receiving advice from its legal counsel.

"After the Duane Morris presentation there was no opportunity for the district to win this case," she said.

Burgess is currently on a sabbatical, according to his attorney Witold Walczak, legal director of the ACLU of Pennsylvania. He will return to teaching for the 2024-25 school year at Unami Middle School, he added.

In a written statement released Tuesday night Burgess said that he hopes the outcome is an opportunity for the district to develop “greater institutional courage” to treat all staff with respect and create a safe school environment for students.

“I stand in solidarity with everyone fighting back against this national campaign to harm trans children and intimidate educators,” he added.

Burgess and his supporters maintained that he was suspended in May 2022 and again in April 2023 for filing a discrimination complaint with the U.S Department of Education Office of Civil Rights on behalf of a bullied student who identified as part of the LGBTQ community after the school administration failed to address the harassment.

His supporters also maintain the Duane Morris investigation into anti-LGBTQ discrimination against students contained numerous false allegations about Burgess including that he was part of a Democratic-led conspiracy against the GOP-majority board to create a public perception the district created a hostile environment for students who identify as LGBTQ.

District officials said he was suspended for failing to report bullying and harassment involving students to the administration, a violation of district policy, and interfering with district efforts to review the appropriateness of books in classroom libraries.

A year ago next month, Burgess sued the district and former Superintendent Abram Lucabaugh in U.S. Eastern District Court alleging they took retaliatory action against him for advocating for LGBTQ students and continued the retaliation after he returned in September 2022.

A week after filing the suit, a district-authorized $1.75 million internal investigation concluded there was no evidence of widespread anti-LGBTQ discrimination against students and administration promptly handled bullying complaints. The report recommended suspending Burgess indefinitely without pay for violating district policy.

Here are the key details of the approved settlement:

What Burgess gets in the agreement

Burgess is immediately reinstated as a full district employee. He will not be subjected to any further investigation or discipline imposed for allegations of misconduct or wrongdoing related to his suspension in May 2022,  April 2023 and the Duane Morris report and presentation.

The district will pay Burgess $100,000 in damages for pain and suffering and cover his $325,000 in attorney fees.

He will also be awarded three additional paid leave days in the next school year. Burgess already receives 10 days of paid leave annually.

Since Burgess did not have a performance review for two school years, the district agreed he will receive satisfactory marks in all review areas.

What happens to the Duane Morris report and presentation on allegations of anti-LGBTQ discrimination?

Essentially it goes away.  There will be no reference to the 150-page Duane Morris report or anything said in it regarding Burgess in his personnel file.

All references to the report, including its exhibits, Powerpoint and video of the April 20, 2023 public presentation will be removed from district-maintained websites.

The district will also remove from its website a letter former Board President Dana Hunter sent to the U.S. Education Department’s Inspector General accusing federal officials of failing to investigate Burgess for failing to report student bullying to the district, suggesting it was child abuse under a 1990 federal law.

“Those reports should not be available anywhere,” Walczak said.

Does the settlement include Lucabaugh?

As part of the settlement, the former superintendent is dismissed as a defendant, Walczak said.

This article originally appeared on Bucks County Courier Times: CBSD teacher Andrew Burgess to return to classroom. What settlement says