Unconsolidated Pennsylvania Statutes

(Title 24) EDUCATION

PENNSYLVANIA FAIR EDUCATIONAL OPPORTUNITIES ACT

§ 5001. Short title.
§ 5002. Findings and declaration of policy.
§ 5003. Definitions.
§ 5004. Unfair educational practices.
§ 5005. Administration.
§ 5006. Powers and duties of the commission.
§ 5007. Procedure.
§ 5007.1. Right of Action.
§ 5008. [Repealed.]
§ 5008.1. Judicial review.
§ 5009. Construction.
§ 5010. Separability.

§ 5001. Short title.

This act may be cited as the "Pennsylvania Fair Educational Opportunities Act."

§ 5002. Findings and declaration of policy.

(a) It is hereby declared to be the policy of this Commonwealth that all persons shall have equal opportunities for education regardless of their race, religion, color, ancestry, national origin, sex, handicap or disability.

(b) Equality of educational opportunities requires that students, otherwise qualified, be admitted to certain educational institutions without regard to race, religion, color, ancestry, national origin, sex, handicap or disability.

(c) It is recognized that there is a fundamental American right for members of various religious faiths to establish and maintain educational institutions exclusively or primarily for students of their own religious faith. In such institutions students, otherwise qualified, should have equal opportunity to attend without discrimination because of race, color, ancestry, national origin, handicap or disability or, except as provided in section 9, sex.

(d) This act shall be deemed an exercise of the police power of the Commonwealth for the protection of the public welfare, prosperity, health and peace of the people of the Commonwealth of Pennsylvania.

§ 5003. Definitions.

As used in this act--

(1)"Educational institution"

means any institution of post-secondary grade and any secretarial, business, vocational or trade school of secondary or post-secondary grade, which is subject to the visitation, examination or inspection of, or is, or may be licensed by the Department of Public Instruction, including any post-secondary school, college or university incorporated or chartered under any general law or special act of the General Assembly, except any religious or denominational educational institution as defined in this act.

(2)"Religious or denominational educational institution"

means an educational institution which is operated, supervised, controlled or sustained primarily by a religious or denominational organization, or is one which is stated by the parent church body to be and is, in fact, officially related to that church by being represented on the board of the institution, and by providing substantial financial assistance and which has certified, in writing, to the commission that it is a religious or denominational educational institution.

(3)"Discriminate"

includes "segregate".

(4)"Commission"

means the Pennsylvania Human Relations Commission in the Governor's Office.

(5)"Student"

means a person seeking admission to, or in attendance at, a school or educational institution, as the case may be.

(6)"Person"

includes one or more individuals, partnerships, associations, organizations or corporations.

(7)"Handicap or disability"

with respect to a person, means-

1. a physical or mental impairment which substantially limits one or more of the person's major life activities;
2. a record of having such an impairment; or
3. being regarded as having such an impairment, but does not include current, illegal use of or addiction to a controlled substance, as defined in section 102 of the Controlled Substances Act (Public Law 91-513, 84 Stat. 1242).

(8)"Accessible"

means being in compliance with the applicable standards set forth in the following-

1. the Fair Housing Act (Public Law 90-284, 42. U.S.C. § 3601 et seq.)
2. the Americans with Disabilities Act of 1990 (Public Law 101-336, 42. U.S.C. § 12101 et seq.)
3. the act of September 1, 1965 (P.L. 459, No. 235), entitled, as amended, "An act requiring that certain buildings and facilities adhere to certain principles, standards and specifications to make the same accessible to and usable by persons with physical handicaps, and providing for enforcement." [71 P.S. § 1455.1]

§ 5004. Unfair educational practices.

(a) Except as provided in section 9 [§ 5009] it shall be an unfair educational practice for an educational institution-

1. To exclude or limit, or otherwise discriminate, because of race, religion, color, ancestry, national origin, sex, handicap or disability, against any student or students seeking admission as students to such institutions: Provided, That it shall not be unfair educational practice for any educational institution to use criteria other than race, religion, color, ancestry, national origin, sex, handicap or disability in the admission of students.
2. To make any written or oral inquiry prior to admission concerning or designed to elicit information as to the race, religion, color, ancestry, national origin, sex, handicap or disability of a student seeking admission to such institution.
3. To expel, suspend, punish, deny facilities or otherwise discriminate against any student because of race, religion, color, ancestry, national origin, sex, handicap or disability.
4. To penalize or discriminate against any individual because he has initiated, testified, participated or assisted in any proceedings under this act.
5. To fail to preserve for a period of three years any records, documents and data dealing with, or pertaining to, the admission, rejection, expulsion or suspension of students, or to refuse to make such records, documents and data available at all times for the inspection of the commission.
6. To construct, operate or otherwise make available facilities and services which are not accessible.
7. To exclude, limit or otherwise discriminate against any student or applicant because of the handicap or disability of an individual with whom the student or applicant is known to have a relationship or association.
8. To deny an individual with a handicap or disability equal opportunities for education because of uninsurability or increased cost of insurance.

(a.1) Except as provided in section 9 [§ 5009] it shall be an unfair educational practice for a religious educational institution-

1. To exclude or limit, or otherwise discriminate, because of race, color, ancestry, national origin, sex, handicap or disability, against any student or students seeking admission as students to such institutions: Provided, That it shall not be unfair educational practice for any religious educational institution to use criteria other than race, color, ancestry, national origin, sex, handicap or disability in the admission of students.
2. To make any written or oral inquiry prior to admission concerning or designed to elicit information as to the race, color, ancestry, national origin, sex, handicap or disability of a student seeking admission to such institution.
3. To expel, suspend, punish, deny facilities or otherwise discriminate against any student because of race, color, ancestry, national origin, sex, handicap or disability.
4. To penalize or discriminate against any individual because he has initiated, testified, participated or assisted in any proceedings under this act.
5. To construct, operate or otherwise make available facilities and services which are not accessible.
6. To exclude, limit or otherwise discriminate against any student or applicant because of the handicap or disability of an individual with whom the student or applicant is known to have a relationship or association.
7. To deny an individual with a handicap or disability equal opportunities for education because of uninsurability or increased cost of insurance.

(b) It shall be unfair educational practice for any person to aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful educational practice, or to obstruct or prevent any person from complying with the provisions of this act or any order issued thereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful educational practice.

(c) Nothing in this section shall be deemed to affect in any way the right of religious or denominational educational institutions to select its students exclusively or primarily from members of such religion or denomination, or from giving preference in such selection to such members.

(d) Nothing in this section shall prohibit any educational institution from accepting and administering any inter-vivos or testamentary gift upon such terms and conditions as may be prescribed by the donor.

§ 5005. Administration.

The Pennsylvania Human Relations Commission, created by the act of October 27, 1955 (P.L. 744), as amended by the act of February 28, 1961 (P.L. 47), known as the "Pennsylvania Human Relations Act", is hereby vested with authority to administer this act.

§ 5006. Powers and duties of the commission.

[to be inserted.]

§ 5007. Procedure.

The procedure for processing any complaint and the remedies available shall be in accordance with sections 9, 9.2 and 11 of the act of October 27, 1955 (P.L. 744, No. 222), known as the "Pennsylvania Human Relations Act".

§ 5007.1. Right of Action.

(a) In cases involving a claim of discrimination, if a complainant invokes the procedures set forth in this act, that individual's right of action in the courts of the Commonwealth shall not be foreclosed. If, within one year after the filing of a complaint with the commission, the commission dismisses the complaint or has not entered into a conciliation agreement to which the complainant is a party, the commission must so notify the complainant. On receipt of such a notice, the complainant shall be able to bring an action in the courts of common pleas of the Commonwealth based on the right to freedom from discrimination granted by this act.

(b) An action under this section shall be filed within two years after the date of notice from the commission closing the complaint. Any complaint so filed shall be served on the commission at the time the complaint is filed in court. The commission shall notify the complainant of this requirement.

(c) If the court finds that the respondent has engaged in or is engaging in an unlawful discriminatory practice charged in the complaint, the court shall enjoin the respondent from engaging in such unlawful discriminatory practice and order affirmative action which may include, but not be limited to, reinstatement, admitting students, reimbursement of tuition or fees, or any other legal or equitable relief as the court deems appropriate.

(d) The court shall serve upon the commission any final order issued in any action brought under this section.

(e) If, after a trial held pursuant to subsection (a), the court of common pleas finds that a defendant has engaged in or is engaging in any unlawful discriminatory practice as defined in this act, the court may award attorney fees and costs to the prevailing plaintiff.

(f) If, after a trial held pursuant to subsection (a), the court of common pleas finds that a defendant has not engaged in or is not engaging in any unlawful discriminatory practice as defined in this act, the court may award attorney fees and costs to the prevailing defendant if the defendant proves that the complaint was brought in bad faith

(g) The time limits for filing any complaint or other pleading under this act shall be subject to waiver, estoppel and equitable tolling.

(h) Nothing in this act shall be construed as superseding any provision of the act of October 15, 1980 (P.L. 950, No. 164), known as the "Commonwealth Attorneys Act." All court actions commenced by or against the commission shall be subject to the provisions of that act.

§ 5008.1. Judicial review.

Enforcement and judicial review shall be in accordance with section 10 of the act of October 27, 1955 (P.L. 744, No. 222), known as the "Pennsylvania Human Relations Act".

§ 5009. Construction.

[to be inserted.]

§ 5010. Separability.

If any clause, sentence, paragraph or part of this act, or the application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this act nor the application of such clause, sentence, paragraph or part to other persons or circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and to the persons or circumstances directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that this act would have been adopted had such provisions not been included or such persons or circumstances been expressly excluded from their coverage.

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