Pennsylvania
State Protections and Legal Framework
-
State constitutional guarantees regarding right to education
The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the Commonwealth. Pa. Const. art. III, § 14.
Case law and legislative history defining and interpreting the right to education
William Penn Sch. Dist. v. Pa. Dep't of Educ., 294 A.3d 537 (Pa. Commw. Ct. 2023).
The Education Clause requires that every student receive a meaningful opportunity to succeed academically, socially, and civilly.
State constitutional protections regarding non-discrimination and equity
Neither the Commonwealth nor any political subdivision thereof shall deny to any person the enjoyment of any civil right, nor discriminate against any person in the exercise of any civil right. Pa. Const. art. I, § 26.
Other relevant state constitutional civil rights protections
-
State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA)
Pennsylvania Human Relations Act
Clarified that “sex discrimination” includes gender identity, sexual expression, pregnancy, and related conditions.
Addresses responsibility of school districts to comply with federal Section 504.
Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)
State law protections regarding color of law or pattern/practice liability for law enforcement in schools
NOTE: We are currently researching the applicability of this statute to law enforcement in schools. There is at least one current case, Commonwealth of Pennsylvania v. Stephen J. Carroll, No. CP-35-CR-0000318-2025(Ct. Com. Pl. Lackawanna Cty. filed Dec. 19, 2024), with pending criminal charges brought by a state prosecutor under this statute against a police officer who was serving as a School Resource Officer (SRO) in Scranton, PA. The case is awaiting trial. SROs can also be charged by individuals with misusing their authority, almost always as an add-on charge to more serious crimes. Parents have filed civil rights suits against school districts, school officials, and in one case, an officer based on being assaulted by that officer.
Anti-discrimination protections under state human rights statutes
Private right of action provisions under state civil rights and human rights statutes
Available through filing a complaint with the Pennsylvania Human Relations Commission. See “How to File a Complaint” section below.
Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?
Unclear from the legal text. Need more research in how these claims are addressed by the courts.
-
Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law?
Minors cannot file a complaint independently. They are represented by a parent or guardian who files the complaint. When filing an education discrimination complaint, the PHRC intake form states you have 180 days “from when the alleged discrimination happened or when you turn 18.” The PHRC’s instructions specify: If you are filing the complaint on behalf of a minor child, the complainant should be identified as “Name of Parent o/b/o Name of Minor Child”.
Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?
Pennsylvania Human Relations Act – Section 5 makes it unlawful “[f]or any person, employer, employment agency or labor organization to discriminate in any manner against any individual because such individual has opposed any practice forbidden by this act, or because such individual has made a charge, testified, or assisted, in any manner, in any investigation, proceeding, or hearing under this act.”
Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?
In general, you have 180 daysfrom when the alleged discrimination happened to file a complaint or report a bias incident to the Pennsylvania Human Relations Commission (“PHRC”).
Are there areas where the state laws provide more protections than federal law? What are those areas?
One area where state law provides more protections is the Pennsylvania Human Relations Act which provides an expanded definition of “sex discrimination.”
SEE THIS HELPFUL SUMMARY REGARDING STUDENTS’ RIGHTS AND PROTESTS: Student Walkouts: What Are Students' Rights and How Can Schools Respond? - ACLU of Pennsylvania
How do I file a complaint about discrimination in a K-12 public school in Pennsylvania?
-
Identify the Basis of Discrimination Choose the applicable category for the discrimination your student experienced:
Race, color, national origin → May be covered by Pennsylvania Human Relations Act (PHRA)
Federal Protections: Title VI
Sex (including gender identity, pregnancy, sexual harassment) → May be covered by Pennsylvania Human Relations Act (PHRA)
Federal Protections: Title IX
Disability → May be covered by the Pennsylvania Human Relations Act (PHRA)
Federal Protections: Section 504 / ADA
Gather Evidence Include:
Dates, times, and locations of incidents
Names of individuals involved
Copies of emails, screenshots, witness statements, or school responses
NOTE: Under the PHRA you generally must file within 180 days of the discrimination.
PENNSYLVANIA LAW RECOGNIZES TOLLING FOR MINORS UNDER 18: In Nicole B. v. Sch. Dist. of Philadelphia, the Supreme Court of Pennsylvania, Eastern District, ruled on September 16, 2020 that the PHRA’s equitable tolling provision applies to minors, even though the statute does not expressly include minority tolling. This means minors cannot lose their PHRA claims because a parent or guardian failed to file within PHRA’s 180‑day administrative deadline. Minors may bring their claims once they reach the age of majority, protecting them from losing their rights “through no fault of their own.”
In August 2025, the PA Human Relations Commission published new guidance to schools and families describing how it handles complaints of harassment in schools. You will find examples, best practices, and the standard for a school’s liability. -
The Education Law Center of Pennsylvania has excellent information regarding how to fill out a complaint form and a summary of the next steps available here.
Who is eligible to file (students, parents, advocates, others)?
An Education Discrimination Complaint (“Complaint”) can be filed by “a victim or [someone that] ha[s] the legal authority to act on behalf of a victim.”
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
Neither the Complaint nor the Pennsylvania Human Relations Commission (“PHRC”) website specify any administrative processes that must be exhausted prior to initiating.
How to initiate the process (relevant websites, standard forms, submission locations)
A person can submit a Complaint electronically or by physical mail.
To submit a Complaint electronically, the relevant website is: Education Intake Questionnaire.pdf. The Complaint can also be found through the following steps: (1) go to the Pennsylvania Human Relations Commission website home page; (2) click on “Programs and Services”; (3) click on “Filing a Complaint”; (4) click on “Education Discrimination”; (5) click on “File and Education Discrimination Complaint”; and (6) click on either “Download the form in English” or “Download the form in Spanish.”
After completing the Complaint, it must be emailed to the PHRC at phrc@pa.gov.
To submit a Complaint by physical mail, the Complaint must be printed, filled out, and mailed to the closest PHRC regional office. The following link will help determine which regional office is closest: Contact Us | Pennsylvania Human Relations Commission | Commonwealth of Pennsylvania.
Can complaints be filed anonymously or confidentially?
No
Are there language access requirements for complaint processes?
The Complaint is available in both English and Spanish. Additionally, language translation and services for visual and hearing disabilities are available upon request for filing a Complaint.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
There are no filing fees. There is a requirement to save any evidence that a complainant may have that would support their complaint.
Can complainants have advocates or legal representation?
Yes – complainants have the right to obtain private legal representation but are not required to do so.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
Complainants are free to obtain private legal representation, but are not entitled to it through the PHRC.
-
What are the required elements of the civil rights claim?
The Complaint must include the protected class of the complainant, the Pennsylvania county in which the discrimination occurred, the dates of discrimination, and a description of the discriminatory conduct.
Who reviews claims and what timeframes apply?
A PHRC investigator reviews and investigates claims. After filing the Complaint, it will be assigned a docket number and will be served on the respondent within 30 days of docketing. The respondent is required to serve its answer within 60 days of it being served with the Complaint.
What type of investigation may occur?Who participates in investigations?
The Complaint will be investigated by a PHRC investigator.
In many cases, a fact-finding conference, conducted by PHRC staff, is held early in the Complaint process. At the conference, both the complainant and respondent present evidence and documents.
There are some circumstances in which a conference is not held: (1) if the complainant and respondent choose to settle the case; (2) if the complainant or respondent refuse to participate in the conference; or (3) if the investigator determines that a conference is not necessary based on all of the circumstances.
If a Complaint is not resolved at the conference, then the PHRC investigator will: (1) interview the complainant; (2) interview the respondent; (3) interview other relevant witnesses; and (4) review all pertinent records and documents obtained either through voluntary cooperation or by subpoena.
A PHRC investigator, after investigating, may (1) find no probable cause or lack of jurisdiction and move to dismiss the complaint; or (2) find probable cause and act to correct the discrimination or its effects.
If probable cause is found after an investigation, the respondent will be asked to (1) cease and desist from the specific discriminatory act or practice involved in the Complaint; or (2) implement whatever actions, programs, or compensation PHRC deems necessary to remedy the discrimination found in the investigation.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
Complainants are only entitled to a hearing if the case has not settled after probable cause has been found. In that case, the PHRC can convene a public hearing at which testimony under oath is presented.
At the public hearing, the Complaint will be represented by a PHRC attorney or the complainant’s private attorney.
A legally enforceable decision will be rendered after the public hearing.
What privacy/confidentiality protections exist?
At the initial, fact-finding conference stage, the conference is not a public proceeding or hearing. There are no other specific privacy or confidentiality protections.
Are school districts required to publicly post civil rights complaint procedures?
No.
-
What is the appeals process, if any?
If the Complaint is dismissed by the PHRC after finding no probable cause or a lack of jurisdiction, the complainant will receive a notice of dismissal in the mail.
If the dismissal is within one year of when the Complaint is filed, the complainant can bring an action is the Court of Common Pleas.
If the dismissal is not within one year of when the Complaint is filed, any rights to appeal the PHRC’s dismissal will be included in the notice sent to the complainant.
If the Complaint proceeds to a public hearing, the legally enforceable decision rendered at the hearing can be appealed to the Pennsylvania Commonwealth Court.
Are remedies legally enforceable once a violation is found?
Any decision rendered at the public hearing is legally enforceable.
Are there other administrative processes that must be exhausted before taking legal action?
Other than any procedures listed above, no.
Do state agencies publish complaint outcome data?
No.
What enforcement mechanisms exist for non-compliance?
Suing the respondent in Pennsylvania state court.
State Attorney General Enforcement Actions
-
Has the AG taken civil rights actions involving education in the past 5 years?
What enforcement powers does the AG possess in education-related cases?
43 Pa. Stat. § 960. Enforcement and judicial review.
“The complainant, the Attorney General or the Commission may secure enforcement of the order of the Commission or other appropriate relief.”
Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)
“The Civil Rights Enforcement Section generally exercises jurisdiction over cases involving systemic patterns or practices of discrimination or that otherwise raise civil rights issues of statewide significance. Complaints of non-systemic or single incidents of discrimination generally are referred to the Pennsylvania Human Relations Commission or another appropriate agency.”
The AG’s office seems to still accept individual education civil rights complaints, but likely transfers them to another agency.
-
Does the AG have an office/section dedicated to education or education civil rights issues?
Yes. The AG has a Civil Rights Enforcement Section. Within that Section is an “Equity in Schools” division, focusing on protection from discrimination in the education context.
Other State Enforcement Systems
Pennsylvania Attorney General’s Office
-
Who is eligible to file (students, parents, advocates, others)?
A Civil Rights Complaint Form (the “Form”) can be filed by an individual for themselves or on behalf of someone else. The Form is the same for all civil rights violations. The PA AG handles systemic, statewide, or high-impact cases, not individual school complaints.
The Form contains an “Under 18” box to click under “Age Group,” signaling that a minor is eligible to file a complaint.
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
The Form does not specify that any other administrative processes must be completed before initiating a complaint. The Form does, however, note that the complainant may still be required to file a complaint with the Pennsylvania Human Rights Commission to preserve their individual rights. AGAIN, THIS IS FOR LARGER SYSTEMIC, STATEWIDE, OR HIGH IMPACT CASES NOT INDIVIDUAL COMPLAINTS
How to initiate the process (relevant websites, standard forms, submission locations)
A person can submit a Civil Rights Complaint to the AG’s Office either online or by mail.
To file a complaint online, the relevant website is: Civil Rights Complaint – PA Office of Attorney General. The Form can also be found through the following steps: (1) go to the Attorney General website home page; (2) click on “GET HELP”; (3) click on “Civil Rights”; and (4) click on “Submit a Civil Rights Complaint.”
To file a complaint by mail, the Form must be printed, filled out, and mailed to the following address: Office of Attorney General, Civil Rights Enforcement Section, 14th Floor, Strawberry Square Harrisburg, PA 17120. The printable PDF of the Form can be found on the same page as the online Form.
Can complaints be filed anonymously or confidentially?
No – the online Form will not allow you to continue without including your name (or the name of the person for whom you are filling out the Form). Additionally, the website specifies that “[f]ailure to supply your complete and accurate contact information may result in delayed processing of your complaint.”
Are there language access requirements for complaint processes?
Both the online and printable versions of the Form are in English only.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
There is no filing fee and no required documentation. A physical address and phone number must be included in the Form.
Can complainants have advocates or legal representation?
Yes. The Form provides a section to include an attorney’s name, address, and telephone number.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
Complainants can have legal representation or other advocates but are not entitled to legal representation through the AG’s office. The Form also contains a disclaimer that the AG cannot act as a complainant’s personal attorney.
-
What are the required elements of the civil rights claim?
Claims handled by the PA Attorney General’s office typically steps in only for systemic, statewide, or high‑impact cases, not individual school complaints. The claim must include the basis on which the complainant believes they were discriminated against, what action was taken, whether others were treated the same way, the date(s), time(s), and location(s) of the incident(s), and a description of the event(s) in the order that they happened. If a complaint is based on race, the race of all persons mentioned must be included. If the complaint is based on gender, the gender of all persons mentioned must be included.
Who reviews claims and what timeframes apply?
Neither the Form or the website explicitly state who reviews claims. However, the Form states that complaints are kept on file in the AG’s office. It is likely the Civil Rights Enforcement Section of the AG’s office that reviews the complaints, as that Section has jurisdiction over the systemic civil rights violations cases.
What type of investigation may occur?Who participates in investigations?
Neither the Form nor the website contain any information about what investigation could occur or who participates in the investigation.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
Neither the Form nor the website contain any information regarding hearings on civil rights complaints.
What privacy/confidentiality protections exist?
There do not seem to be any privacy or confidentiality protections.
Are school districts required to publicly post civil rights complaint procedures?
No
-
What is the appeals process, if any?
2 Pa. Stat. § 702 provides that “[a]ny person aggrieved by an adjudication of a Commonwealth agency who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals by or pursuant to Title 42 ….”
According to 42 Pa. Stat. § 763, “the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of government agencies …”
In Ruiz v. Attorney General of Pennsylvania, the Commonwealth Court held that “[w]hen an agency’s decision or refusal to act leaves a complainant with no other forum in which to assert his or her rights, privileges, or immunities, the agency’s act is an adjudication.” 789 A.2d 372, 375 (Pa. Commw. Ct. 2001).
Thus, it is likely that if a complainant is dissatisfied with the result of their Civil Rights complaint with the AG’s office, they have the right to file an appeal with the Commonwealth Court.
Are remedies legally enforceable once a violation is found?
Yes – the AG’s Office has discretion as to whether to file a civil suit. If a suit is filed, any remedy is legally enforceable through the court.
Are there other administrative processes that must be exhausted before taking legal action?
No.
Do state agencies publish complaint outcome data?
No
What enforcement mechanisms exist for non-compliance?
The AG Office’s website does not give any information regarding non-compliance. However, if the AG elects to file a civil suit in court, the court will have enforcement power over non-compliance