LEXINGTON, S.C. — Lexington School District One says a civil lawsuit filed by the South Carolina Freedom Caucus has been dismissed after the two reached a settlement agreement over the district's Expeditionary Learning (EL) curriculum.
The lawsuit alleged the district violated state law, which bans teaching Critical Race Theory Concepts.
In November of 2022, a lawsuit filed by the South Carolina House Freedom Caucus alleged Lexington School District One was adopting "expeditionary" learning (EL) at several of its schools.
"They have rebranded it as diversity, equity and inclusion, as anti-racism, as culturally relevant pedagogy. But it is at its heart rooted in critical race theory," said the vice-chairman of the caucus, Rep. RJ May (R-Lexington).
Critical Race Theory (CRT) states that race is a social category - not biological - and that dominant groups use it to oppress and exploit people of color while serving the interests of the wealthy and powerful.
Lexington One officials say before the lawsuit was even filed, the district had initiated an internal review of the EL Education curriculum "to ensure that SC Proviso 1.105 is being followed and the curriculum best serves our students and their educational goals."
While the internal review did not reveal any violations of state law, officials said the district pursued a settlement for district and school administrators to give their full attention to the education of Lexington One students.
"Contesting this lawsuit would have redirected district resources, including employees' time and attention, as well as taxpayers' dollars, away from our primary focus," said Dr. Gerrita Postlewait, superintendent of Lexington One. "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."
If the matter had gone to court, the district said it would have faced extensive "requests for production" for nine documents, communications, and materials categories.
One of the requests was for all documents and communications referencing any of 40 terms, including "decolonize," "race," "colorblind," "colorblindness," "affirmative action," "inclusion," "underrepresented," and "allies." These examples of some of the terms on the list are common words that may be found throughout South Carolina College and Career Ready Standards for multiple subjects.
The district has two obligations under the settlement agreement:
- To end all contracts with EL Education, Inc., including for curricula and other school services, after the end of the 2022-2023 school year and not renew any agreements with EL Education, Inc. for 2023-2024. The district may end such use earlier at its discretion; and
- To fully comply with all South Carolina laws regarding instruction and training for students, teachers, and other staff.
District officials said the agreement enables the district to refocus all resources "toward supporting best practices in teaching and learning that cultivate high levels of student engagement supported by family and community participation."
The EL President and CEO Scott Hartl issued this statement,"
"The Lexington One School District is one of the highest achieving districts in the state, and EL Education is proud of the work we have done in partnership with Lexington One educators, students, families, and community.
It is deeply troubling that Lexington One was targeted with a lawsuit that only served to spread misinformation about best practices in education in order to frighten constituents and advance a political agenda that is not in the best interest of children. The EL Education curriculum is grounded in the science of reading and does not contain critical race theory, nor does it violate any South Carolina laws—despite flagrant mischaracterizations. The reported settlement to the lawsuit does not change these facts. Instead, it reflects a pragmatic judgment by district leadership to end costly and divisive litigation, however meritless.
We are saddened that the terms of the settlement mean that EL Education's top-rated curriculum will not be available to Lexington One students and educators. We remain incredibly proud of the work of our partners in Lexington and around the state and country to help students read, write, speak, and achieve at higher levels."