Which Laws Protect my Child from Discrimination and Harassment?
By Jacqueline Lembeck, Esq.
If your child has been the victim of discrimination or harassment in school, it is important to understand that children’s rights in Pennsylvania are protected by a variety of state and federal laws. Some of these laws require that the state proactively provide supports or services to children while others prohibit discrimination based on a certain characteristics such as race or sex. Understanding which laws apply will help you to locate help and support to address the rights violation.
For discrimination or harassment based on disability:
Individuals with Disabilities Education Act (“IDEA”): The IDEA is a federal law that requires Local Educational Agencies (such as school districts and charter schools) to provide a Free Appropriate Public Education (“FAPE”) to students with disabilities who are identified under this law. If bullying, discrimination, or harassment interferes with the student’s education and denies the student a FAPE, parents can follow the dispute resolution procedures to seek relief. The dispute resolution procedures are outlined in the Pennsylvania Procedural Safeguards notice which parents receive from the school district or charter school; it is also available online: http://www.odr-pa.org/wp-content/uploads/pdf/Procedural-Safeguards-Notice.pdf. You may also contact the Office of Special Education Programs (“OSEP”) for more information.
Section 504 of the Rehabilitation Act of 1973 (“Section 504”): Section 504 is also a federal law. It prohibits discrimination against students with disabilities. Under Section 504, students with disabilities must be provided with appropriate educational services to meet their needs to the same extent that non-disabled students’ needs are met. Some students who have a disability, but do not have an IEP (Individualized Education Program) under the IDEA (see above) may still receive a 504 Service Plan. Section 504 may be violated if your child is denied access to something which is afforded to non-disabled peers. You should contact the U.S. Department of Education Office for Civil Rights (“OCR”) for more information.
Title II of the Americans with Disabilities Act (“Title II”): Title II prohibits discrimination against persons with disabilities in state and local government services/programs including in public schools. You should contact the U.S. Department of Education Office for Civil Rights (“OCR”) for more information.
Pennsylvania Fair Educational Opportunities Act (“PFEOA”) and the Pennsylvania Human Relations Act (“PHRA”): The PFEOA/PHRA protect students from discrimination based on handicap or disability, as well as the use, handling, or training of support or guide animals for disability. If you believe your child has been discriminated against, you can file a complaint with the Pennsylvania Human Relations Commission.
For discrimination or harassment based on race, color, religion, religious creed, national origin, or ancestry:
Title VI of the Civil Rights Act of 1964 protects students from discrimination on the basis of race, color, and national origin, including discrimination based on a person’s limited English proficiency or English learner status. Contact the U.S. Department of Education Office for Civil Rights (“OCR”) for more information.
Pennsylvania Fair Educational Opportunities Act (“PFEOA”) and the Pennsylvania Human Relations Act (“PHRA”): The PFEOA/PHRA also protect students from discrimination based on race, color, religious creed, national original, and ancestry in schools. If you believe your child has been discriminated against, you can file a complaint with the Pennsylvania Human Relations Commission.
For discrimination or harassment based on sex:
Title IX of the Education Amendments of 1972 (“Title IX”): Title IX prohibits discrimination on the basis of sex including harassment and bullying in schools. As the Office for Civil Rights explains, “[t]his includes discrimination based on pregnancy or parental status; sex stereotypes (such as treating persons differently because they do not conform to sex-role expectations or because they are attracted to or are in relationships with persons of the same sex); and gender identity or transgender status.” (For more, see http://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt.) If you believe your child is the victim of sex-based discrimination, contact the U.S. Department of Education Office for Civil Rights (“OCR”).
Pennsylvania Fair Educational Opportunities Act (“PFEOA”) and the Pennsylvania Human Relations Act (“PHRA”): The PFEOA/PHRA also protect students from discrimination based on sex in schools. If you believe your child has been discriminated against, you can file a complaint with the Pennsylvania Human Relations Commission.