Mt. Lebanon Catholic school accuses state inspectors of bullying, intimidation

A yearslong dispute over whether the state has the right to regulate a Mt. Lebanon Catholic school’s before- and after-school program has landed in federal court amid allegations that the school is being subjected to a religious and politically motivated attack.

South Hills Catholic Academy on Tuesday filed a lawsuit and request for a preliminary injunction against the Pennsylvania Department of Human Services (DHS) alleging that inspectors conducted an unconstitutional search of their property last month, violated court orders and misrepresented facts before a district judge to obtain an administrative search warrant.

“While on the school’s property the defendants bullied and intimidated the school’s teachers,” the lawsuit said. “The department’s April 9, 2024, assault is the culmination of a religiously and politically motivated attack on the school which began more than two years ago.”

The academy, which has about 400 students enrolled in pre-school and grades K-8, is independent of the Diocese of Pittsburgh, its website says, but is endorsed by Bishop David Zubik.

In an emailed statement, the human services department said that the allegations in the lawsuit are “wholly without merit.”

The agency said it takes seriously its responsibility to keep children safe and enforce regulations regarding child care centers.

“Pennsylvania law requires a license to provide childcare to four or more unrelated children from infancy through pre-school age, and providers are expected to come to DHS to apply for licenses and other necessary permissions before providing services,” the statement said.

The school does not have such a license.

Church vs. state

According to court documents, the underlying dispute began in February 2022 when the state’s Office of Child Development and Early Learning inspected the Sleepy Hollow Road school’s Guardian Angels program, which provides 45 minutes of care before the start of the school day and up to 90 minutes at the end.

The inspectors wrote in an affidavit that they arrived on Feb. 23, 2022 for an unannounced visit and saw two staff members caring for approximately 50 children. Less than a month later, the state sent the school a cease-and-desist order requiring the academy to discontinue the Guardian Angels program as it was operating as an uncertified childcare facility.

The school appealed, arguing that the state Department of Human Services did not have jurisdiction to regulate the program because it is part of a religious school not a childcare facility.

An administrative law judge sided with the state, finding that Pennsylvania code allows the department to regulate private schools and that they are required to be licensed to provide childcare.

The school appealed to Commonwealth Court, arguing that it is not a childcare center and should be immune from state Human Services oversight because of religious freedom.

Instead, it claims it is only subject to oversight by the state Department of Education as a school operated by a church.

However, in its opinion in January, the Commonwealth Court cited state Supreme Court precedent which says that the Department of Human Services has “supervisory authority over ‘all children’s institutions within this commonwealth.’”

The court sent the case back to a hearing board to determine if the school’s program constitutes childcare.

South Hills Catholic Academy has filed a petition asking the state Supreme Court to hear their appeal.

The court has not yet ruled upon the request.

Inspections continue

In the federal lawsuit filed Tuesday, the school said that the entire case has been stayed while awaiting an answer from the Pennsylvania Supreme Court. Yet, state inspectors continued to show up at the school this year to conduct unannounced visits, including on Feb. 27.

That day, according to court documents, inspectors observed 20 children playing outside and 12 children inside coloring at a cafeteria table. Four others were leaving.

There were two staff members and a security guard present.

On March 20, when inspectors attempted to conduct another unannounced search, the security guard refused to allow entry, according to the affidavit attached to the request for the search warrant.

When an inspector attempted to look inside a window “to determine if children were present and safe, a staff person stood in front of the window in a manner to obstruct [the inspector’s] view inside,” the affidavit said.

The lawsuit said, however, that Harmony Stewart, the head of the school, told inspectors that a stay had been entered, and they were not permitted to enter.

The administrative search warrant, signed by District Judge Hilary K. Wheatley on April 8, sought to search the inside and outside of the before- and after-school program “to determine whether conditions at this (current) unlicensed facility pose a threat to the health and safety of children.”

The warrant also sought permission to review school records to show how many children are enrolled in the after-care program.

The warrant was executed a day later at 3:37 p.m. by two inspectors and a uniformed constable.

“[A]gents … descended upon the school pursuant to an illegitimate search warrant while school activities were ongoing and conducted an interrogation of school employees while children looked on,” the lawsuit said.

The lawsuit alleges that the inspectors interrogated teachers who were working and caring for students, and then harassed and intimidated them when referred to the head of school.

The inspectors remained at the school for about an hour, the lawsuit said. Parents were picking their children up at that time and questioned what was happening.

“Students were visibly scared as a result of the actions of the defendants,” the lawsuit said.

The complaint alleges constitutional due process violations and unlawful search and seizure.

It also claims the search warrant was improperly issued under false pretenses and that the state failed to disclose in the application the stay orders that had previously been issued in the case.

As part of its court filings, the school is seeking an injunction to prohibit the state from conducting any further searches of their property until the appeal is finalized.