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Special Ed. Supervisor Settles Case Against North Penn Over Comments Critical of Black Lives Matter

The former special education supervisor with North Penn School District who alleged they were forced to resign after making comments critical of the Black Lives Matter movement has settled their lawsuit against the district.

Francis Malofiy, Esq., who represented Ashley Bennett in the Bennett v. North Penn School District federal lawsuit, announced the resolution had been approved during Thursday night’s North Penn Board of School Directors action meeting. A joint statement from Malofiy and the district was subsequently released late Thursday night, which read:

“The North Penn School District and Ms. Ashley B. Bennett hereby announce that the lawsuit in the matter of Bennett v. North Penn School District, et al. and a related unemployment compensation dispute are now resolved.

It is Ms. Bennett’s intention to return to a career of working to support students with disabilities and their families. She is pleased that this matter is now concluded and appreciative of the support of her family and friends during this difficult time.

The District acknowledges and reiterates the principles embodied in Board Policies 320 and 321, that employees have a right ‘as citizens in a democratic society to speak out on issues of public concern,’ and to ‘engage in political activity.’ The rights of students, employees, and community members to disagree on critical issues will always be protected consistent with the parameters and obligations set forth within the First Amendment of the Federal Constitution.

The District remains committed to its efforts to develop a community that values and adapts to diversity and it will continue to strive to acknowledge, respect, understand and celebrate the dynamics of racial and cultural differences. The District also affirms that it is committed to developing and protecting diversity of opinion as a fundamental value necessary to the development of critical thinking, and it therefore will seek to engage in productive, meaningful conversations and promote civility.”

Terms of the settlement were not disclosed, and Malofiy declined to comment further. When reached for comment, North Penn School Board President Tina Stoll also declined to comment.

Bennett drew national headlines in June 2020, following North Penn Now’s initial report that she had been placed on administrative leave after making a public post on Facebook featuring a critical commentary of the Black Lives Matter Movement.

The now-deleted post, which was shared by Bennett on Wednesday night, said in part:

“I see signs all over saying #BlackLivesMatter. I’m just trying to figure out WHICH black lives matter. It can’t be the unborn black babies – they are destroyed without a second thought. It’s not black cops – they don’t seem to matter at all. It’s not my black #Conservative friends. They are told to shut the **** up if they know what’s best for them by their black counterparts. It’s not black business owners. Their property, their business and their employees don’t mean anything. So which black lives matter again?”

The post continued its focus on the Black Lives Matter movement, before taking aim at the coronavirus response, mainstream media coverage, Democrats and others. The post then wraps up with a prayer that God will heal the country.

Screenshots of Bennett’s now deleted post, which originally appeared as a public post on Facebook during the evening of June 24, 2020. (Credit: Submitted)

It was later determined that Bennett had copied and pasted the post from another source and had not authored it herself. However, by the following morning, Bennett’s post had made its way through several local Facebook groups, including Black Residents of Lansdale Area United, where the statements were near-universally decried as insensitive and unacceptable.

The post also drew the attention of North Penn School District officials, who condemned it as being out of alignment with the district’s views and values:

“The comments that were brought to our attention do not align with the North Penn School District’s core values. The views expressed are in direct conflict with our work to develop a community that values diversity. We strive to acknowledge, respect, understand, and celebrate the dynamics of racial and cultural differences. Through the development of a culturally proficient staff, the establishment of structures that promote equitable opportunities, and partnerships with families and students, our school district seeks to create an environment of respect where all members of the school community are empowered to learn, grow, and appreciate one another.” – North Penn School District statement, issued Thursday, June 25, 2020.

After being placed on administrative leave, Bennett posted a public apology to Facebook stating that she used poor judgement and taking responsibility for her actions. The post, which was also deleted less than a day later, read:

“All: I shared a post a few days back that was inappropriate. I didn’t realize at the time how it was going to be interpreted. I should have. It was something on my page and I should have been more aware. Up until recently, [Facebook] has always just been a way to keep up with my friends, their kids and dogs. I allowed all of the negativity to get to me and used poor judgement. Anything that I posted that was interpreted as racist was not my intent. A very wise person made me see that I was wrong. Anyone who was offended…I apologize. I plan to learn and grow from this experience so that my apology is not just words. I take responsibility for my poor actions and hope those of you who know me can eventually forgive me. I will be going off [Facebook] for awhile (sic), so I can focus on the positives. [Thanks] for listening.”

As the district’s investigation into the issue continued, Bennett allegedly resigned from her position on July 14, 2020.

During their July 15 action meeting, the North Penn Board of School Directors unanimously approved a package of personnel changes which included Bennett’s resignation. According to Dan Sokil at The Reporter, the decision was made with little discussion at the meeting, and both Superintendent Curt Dietrich and school board President Tina Stoll declined to comment on Bennett’s case after the meeting.

That action meeting also saw the approval of an anti-racism resolution and an equity statement on behalf of the district.

Several days later, Bennett hired legal representation to take action against the district, stating that her civil rights were violated, and her resignation was forced by district officials.

“Ashley Bennett — a 27-year veteran special education supervisor with an unblemished record — intends to pursue legal action against North Penn and its officials,” said Francis Malofiy, Esquire, of Francis Alexander LLC, in North Penn Now’s July 31, 2020 article announcing the federal lawsuit. “Ashley was suspended without cause and then threatened with termination and career and personal ruination if she did not immediately resign.”

North Penn School District disputed the allegation that Bennett had been forced to resign, stating she had not been disciplined or recommended for termination prior to her resignation.

“The district rejects any suggestion to the contrary and will have no further comment on this matter of threatened litigation.” – North Penn School District statement, issued Thursday, July 31, 2020.

In the months that followed, Bennett and her attorney made several appearances on conservative television shows, including an interview with Tucker Carlson on Fox News and Sean Hannity offering his commentary on the situation.

See also:

North Penn Employee Placed on Administrative Leave Following Comments Opposing Black Lives Matter

Special Ed. Supervisor Resigns Following Investigation into Comments Critical of Black Lives Matter

North Penn School Board Recommends Approval of Anti-Racist Resolution, Equity Statement

Spec. Ed. Supervisor Pursuing Legal Action Against North Penn, Says She Was Forced to Resign Over Black Lives Matter Comments