School Climate
Fair School Funding
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On Feb. 2, 2015, the Education Law Center submitted comments on the reauthorization of the Elementary and Secondary Education Act and the Every Child Ready for College or Career Act of 2015 Discussion Draft.
The reauthorization of the ESEA offers an opportunity to update our nation’s primary federal education law to build upon the lessons learned since the last reauthorization. The Education Law Center urges Congress to reauthorize the ESEA in 2015 and address a number of priorities, including: Maintain a strong federal role in promoting equity and accountability; encourage states to fund schools equitably; protect Title I dollars for the poorest schools and districts; and act to end school pushout and the school-to-prison pipeline.
Read ELC’s full comments.
School Climate
Equal Access
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This fact sheet highlights important comparisons between the 2020 and 2024 Title IX rule and explains the implications of recent legal challenges to the 2024 Title IX rule for students in schools across Pennsylvania.
The 2024 rule clarifies that Title IX prohibits discrimination and harassment based on sexual orientation, gender identity, and sex characteristics; reaffirms the rights of pregnant and parenting students; and broadens the protections for submitting complaints.
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Policies that discriminate against transgender students by prohibiting them from engaging in sports in accordance with their gender identity violate Title IX’s prohibition against discrimination based on sex. Affirming the identities of transgender, nonbinary, and intersex youth in sports participation is a critical part of improving physical and mental health outcomes for these students and allows them to learn and thrive in school.
Read this analysis urging school boards to comply with their clear legal obligations under federal and state law to reject policies that discriminate against transgender students and to affirmatively and proactively promote healthy, welcoming, and inclusive school environments where all students can thrive.
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There is no legal basis for a school district to prohibit students from using the school bathroom or locker room that aligns with their gender identity. To do so flies in the face of direct and controlling legal precedent. The U.S. Supreme Court and many federal courts, including in Pennsylvania, have recognized and affirmed that such discrimination is unlawful.
Read our statement urging all school districts to uphold their nondiscrimination obligations under the law and reject policies or practices that restrict students’ access to facilities based on sex or gender identity.
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Book bans are on the rise across the nation, and Pennsylvania ranks third among the states in terms of most books banned. Book bans not only deprive students of important learning opportunities; they directly undermine student self-esteem, further erase historically marginalized identities, and treat students of color and students who identify as LBGTQ+ as inferior and unwelcome.
Read our statement urging school boards to uphold the First Amendment and reject policies that unlawfully remove books from school libraries.
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Discrimination against LGBTQ people is illegal. Courts have increasingly recognized the rights of students who identify as gay or transgender, as well as students who are nonbinary or gender-nonconforming (sometimes referred to as “gender-expansive”). Students who are LGBTQ or gender-expansive have the same rights as other students, and schools are required to intervene and correct policies or practices that discriminate against students based on sexual orientation or gender identity or expression.
You can learn more here.
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Cyberbullying is bullying that takes place over digital devices including computers, cell phones, and tablets. The same rules that require a school to investigate and intervene to prevent in-person bullying also apply to cyberbullying.
Learn more about cyberbullying here.
For more information on bullying, see ELC’s toolkit, What to Do When Your Child Is Bullied or Harassed: A Parent’s Guide to Advocacy in Pennsylvania Public Schools, available here.
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The First Amendment protects the rights of students to express themselves in public schools. Students are entitled to speak out, write articles, form groups, hand out flyers, and petition school officials. There are some important limits, however. Schools can prohibit certain forms of expression, including speech that substantially disrupts the school environment, violates the rights of others, or is lewd or vulgar.
Learn more here about what rights to free speech and expression students have in school.
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In Unlocking the Door to Learning: Trauma-Informed Classrooms & Transformational Schools, ELC Senior Staff Attorney Maura McInerney, Esq. and Amy McKlindon, M.S.W. discuss the impact of trauma on learning and what schools and educators can do to create a trauma-informed learning environment.
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On Feb. 2, 2015, the Education Law Center submitted comments on the reauthorization of the Elementary and Secondary Education Act and the Every Child Ready for College or Career Act of 2015 Discussion Draft.
The reauthorization of the ESEA offers an opportunity to update our nation’s primary federal education law to build upon the lessons learned since the last reauthorization. The Education Law Center urges Congress to reauthorize the ESEA in 2015 and address a number of priorities, including: Maintain a strong federal role in promoting equity and accountability; encourage states to fund schools equitably; protect Title I dollars for the poorest schools and districts; and act to end school pushout and the school-to-prison pipeline.
Read ELC’s full comments.
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This 2009 ELC handbook for attorneys and advocates who represent students examines the law on school discipline in Pennsylvania, which derives from the United States and Pennsylvania Constitutions; federal and state statutes, regulations, and case law; and policies of the Pennsylvania Department of Education, school districts, and individual schools.
School Climate
School to Prison Pipeline
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In Unlocking the Door to Learning: Trauma-Informed Classrooms & Transformational Schools, ELC Senior Staff Attorney Maura McInerney, Esq. and Amy McKlindon, M.S.W. discuss the impact of trauma on learning and what schools and educators can do to create a trauma-informed learning environment.
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On Feb. 2, 2015, the Education Law Center submitted comments on the reauthorization of the Elementary and Secondary Education Act and the Every Child Ready for College or Career Act of 2015 Discussion Draft.
The reauthorization of the ESEA offers an opportunity to update our nation’s primary federal education law to build upon the lessons learned since the last reauthorization. The Education Law Center urges Congress to reauthorize the ESEA in 2015 and address a number of priorities, including: Maintain a strong federal role in promoting equity and accountability; encourage states to fund schools equitably; protect Title I dollars for the poorest schools and districts; and act to end school pushout and the school-to-prison pipeline.
Read ELC’s full comments.
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This 2010 ELC research brief provides a detailed examination of School-Wide Positive Behavior Support (PBS), a research-based, highly effective, approach to creating, teaching, and reinforcing students’ social, emotional, and academic learning skills that improves and sustains academic achievement and mental and emotional wellbeing of all students.
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In the nine years since Congress reauthorized the Elementary and Secondary Education Act (ESEA) as the No Child Left Behind Act (NCLB), startling growth has occurred in what is often described as the “School-to-Prison Pipeline” – the use of educational policies and practices that have the effect of pushing students, especially students of color and students with disabilities, out of schools and toward the juvenile and criminal justice systems.
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This 2009 ELC handbook for attorneys and advocates who represent students examines the law on school discipline in Pennsylvania, which derives from the United States and Pennsylvania Constitutions; federal and state statutes, regulations, and case law; and policies of the Pennsylvania Department of Education, school districts, and individual schools.