School Stability and Immediate Enrollment for Children in Foster Care

It is estimated that children in foster care change living placements on average two to three times while in care, and a third of older youth experience five or more school changes. Children lose four to six months of academic progress with each school change. Too often, credits earned at one school do not transfer or are not recognized towards graduation. These students are more likely to miss
school, be placed in inappropriate classes, and fail to receive the special education and remedial services they need, due in part to the absence of a consistent and involved educational decisionmaker.

To address these issues, the federal Every Student Succeeds Act (ESSA) ensures school stability and immediate enrollment for all children in foster care. This fact sheet explains the important protections under this law and how these requirements are implemented in Pennsylvania.

Learn more here.

Rights of Students in Foster Care

Children involved in the foster care system have the right to a free public education, like all public school students. These rights are not lost because of system involvement, and additional protections are in place to ensure access to a quality public education. Children and youth in the foster care system may need strong advocates because they are among the most educationally underserved of all student populations. As a result of multiple school changes and placement in on-grounds schools, students who are system-involved often fall through the cracks.

This fact sheet highlights important protections and addresses ways to support students to be successful.

To learn more, click here.

Early Intervention (EI) Questions and Answers

Young children who experience delays in growth and development, even as young as birth, are entitled to receive free educational services to help them develop and gain skills for later school success. Parents should be included in the planning and delivery of those services. This fact sheet provides information on how parents can make sure their young children get the early intervention services they need.

You can access it here.

Resolving Special Education Disagreements

Parents and schools may disagree about any matter related to a child’s education, including whether or not a child is eligible for special education services, the Individualized Education Program (IEP) offered by the school, the type and length of services, and the child’s school and classroom placement. This fact sheet provides information on how parents can address and resolve disagreements. You can access the full guide here.

To learn more about requesting mediation to resolve special education disagreements and to access the necessary forms, click here.

Please note – this document is available in Spanish and Chinese.

Special note: In many cases, parents must notify a school that they disagree with a decision AND must take action to challenge a proposed IEP or placement within 10 days of written notice of the decision.

Special Education Evaluations

Before a child can begin receiving special education services, the child must be evaluated to determine if the child is eligible for these services. The evaluation helps determine if the child has a disability and needs special education services. The evaluation is also important to identify changes to instruction, services, and supports the child needs to succeed.

You can learn more about how to request an evaluation here.

Please note – this document is available in Spanish, Chinese, Arabic and Nepali.

Cyberbullying: Fact Sheet

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.

A Judge’s Guide to Attendance Barriers (‘Truancy’) and Act 138

This fact sheet is intended for Magisterial District Justices (MDJs) and other judges to use when adjudicating truancy matters under Pennsylvania’s compulsory school attendance law. It highlights key changes to the law in light of Act 138 of 2016, which substantially changed the truancy provisions of Pennsylvania’s Public School Code.

Read the guide here.

Student Rights to Free Speech & Expression in Public Schools

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.

Alternative Education for Multilingual Learners

This fact sheet describes the process for determining if your child, as an English learner (EL), is appropriately and legally placed in an Alternative Education for Disruptive Youth (AEDY) program and, if not, how to return your child to an appropriate placement in your local school district.

To learn more, click here.

Please note – this document is available in Spanish.

To learn more about general rights applicable to all students who may be placed in AEDY, see our Alternative Education for Disruptive Youth fact sheet.

You may also be interested in our guide on Alternative Education for Students with Disabilities.

Alternative Education for Students with Disabilities: Fact Sheet

This fact sheet describes the process for determining if your child with disabilities is appropriately and legally placed in an Alternative Education for Disruptive Youth (AEDY) program and, if not, how to return your child to an appropriate placement in your local school district in the least restrictive environment. The fact sheet outlines special rights applicable to your child as a child with a disability ― that is, a child who has or is eligible for an IEP or Section 504 Plan.

To learn more, click here.

To learn more about general rights applicable to all students who may be placed in AEDY, see our Alternative Education for Disruptive Youth fact sheet. You may also be interested in our guide on Alternative Education for Multilingual Learners.

Alternative Education for Disruptive Youth (AEDY): Fact Sheet

This fact sheet addresses your child’s rights if:
• A school wants to move your child to a different education program because of discipline;
• Your child currently attends an alternative school or program for disciplinary reasons; or
• You are seeking to have your child return to a regular classroom from an alternative program.

Click here to learn more.

You may also be interested in our guides on Alternative Education for Students with Disabilities or Alternative Education for Multilingual Learners.

Suspensions in Pennsylvania: Fact Sheet

This fact sheet provides information for parents and guardians on the rules and procedures for student suspensions in all public schools, including charter schools, in Pennsylvania.

A suspension is an exclusion from school for one to ten school days in a row. Even a suspension for part of a day constitutes one day of suspension. A suspension may be imposed by a principal or other person in charge of a school.

If a school district or charter school seeks to suspend your child, you can learn more about what to do here.

Please note – this document is available in Spanish.

Graduation Requirements in Pennsylvania

Beginning with the graduating class of 2023, new statewide graduation requirements will apply to all public school students. As a result, every student must now satisfy one of several pathways to demonstrate postsecondary preparedness in order to receive a diploma.

Two of these options require a student to demonstrate proficiency or satisfactory completion of end-of-course Keystone Exams to satisfy the statewide graduation requirement.

You can read what all of the pathways are to meet the new requirements here.

Please note – this document is available in Spanish.

Act 110: Rights of Students Convicted or Adjudicated of Sexual Assault

This FAQ explains a law known as Act 110, which concerns students who are convicted or adjudicated delinquent of sexual assault. The law became effective on January 3, 2021, and does not apply to convictions or adjudications occurring prior to that effective date.

This state law was enacted to protect student survivors/victims of sexual assault, and it applies to all public schools. The law requires a student convicted or adjudicated delinquent of sexual assault against a student in the same school entity to be transferred to another school, placed in alternative education for disruptive youth, or expelled from the same school entity under certain circumstances.

You can learn more here.

Rights of Multilingual Caregivers to Enroll Children in School

This fact sheet addresses the rights of linguistically and culturally diverse parents and caregivers (defined by law as limited English proficient or “LEP”) who seek to enroll a child in school. A person is legally considered “limited English proficient” if the person’s primary language or languages are not English, and they do not read, speak, write, or understand English well. LEP individuals have the right to interpretation and translated documents in this process.

Learn more here.

Please note – this document is available in Spanish.

How to Enroll a Child in Public School

Every child of school age who is a resident of Pennsylvania has a right to public education. Making sure that your child enrolls and attends school is important for your child’s education and future. Moving through these four steps will help you enroll your child in a public school (including a charter school and cyber charter school) as soon as possible. Click here to learn how.

If a child is living with someone other than their parent, please see our school enrollment guide for a child living with someone other than their parents.

Please note – this document is available in Spanish.

Special note: During the pandemic, nearly all districts began offering “online enrollment” and some districts will continue to use this option during this school year.

Promising Practices to Build Antiracist and Affirming Schools

Members of Black, Brown, Asian, and Indigenous communities have been leading efforts to build affirming school environments and culturally responsive and celebratory curriculum for decades. They have also been working to create community-based educational initiatives to expand learning opportunities. Across the state, many students, parents, educators, advocates, and community members are now focusing on making schools antiracist and free from prejudice. These efforts are critical to ensuring a safe, supportive, respectful, and affirming learning environment for children of color.

You can learn more about these antiracist initiatives here.

The Right to be Free from Racism at School

Students deserve affirming and safe school environments that celebrate them for who they are and provide robust opportunities to learn. Schools have a legal obligation to ensure that students are not denied opportunities, treated differently, discriminated against, or harassed because of their race, color, or national origin. Schools must have policies and procedures to prevent and address bullying and harassment based on race and must ensure equal opportunities for students of color.

Under federal and state laws as well as the U.S. Constitution and Pennsylvania’s Constitution, racial discrimination is illegal, and there is no place for it in our schools. Learn more here about your rights and what you can do if your child is facing racial discrimination in school.

New Tools (and a Webinar) to Support Students Experiencing Educational Instability

Act 1: New Tools to Support Students Experiencing Educational Instability

Pennsylvania students who experience “education instability” due to homelessness, involvement in the foster care or juvenile justice systems, or court-ordered placements, are entitled to additional support under a new law called Act 1 of 2022. This law seeks to remove educational and graduation barriers for students who experience one or more school changes during a single school year. These students are often unable to fully participate in school and are unable to graduate on time due to lost or unrecognized credits or a student’s inability to take a course required by their last school.

Learn more about students’ rights under Act 1 in an Education Law Center fact sheet here and review the Pennsylvania Department of Education’s interim guidance on Act 1 here. You can also view a recorded webinar on implementing Act 1 co-produced by ELC and Juvenile Law Center.

If a student you are working with has experienced education instability, you can use the tools below to advocate on the student’s behalf:

Request Assignment of a Point of Contact: Under Act 1, students are assigned a Point-of-Conduct designated by the school the student currently attends. This Point of Contact ensures that all students are able to fully participate in school activities and provides additional support for high school students, including assessing credits, considering whether certain credits may be waived, and developing an individualized Graduation Plan. Use this tool if the student has not been assigned a Point of Contact.

Request Credit Assessment and/or Graduation Plan: High school students receive special support under Act 1. These students must receive a credit assessment, a process through which a school must now award full or partial credit for all work satisfactorily completed in a prior school, including a residential placement. A current school can also waive credit requirements that pose a barrier to graduation for students. In addition, a Point of Contact must develop an individualized graduation plan for students who experience education instability.

If a student is unable to graduate through their current school, a Point of Contact can request a diploma from the prior school. A student may receive a diploma from their prior school if deemed ineligible to graduate from their current school following a credit and waiver assessment and the student meets the prior school’s graduation requirements after the assessment. Beginning in the 2022-2023 school year, students can also receive a state-wide Keystone Diploma. This option is only explored if a student cannot graduate from their current or prior school. A Keystone Diploma has the same force as a school-issued high school diploma and is not the same as a GED. Use this tool to request a credit assessment, credit waiver, graduation plan, or related request.

Request for Act 1 Graduation Support Retroactive to School Year 2021-2022: Act 1 eligible high school students are entitled to support to ensure that they can graduate on time. If a student was not identified during the 2021-2022 school year or was identified and was not provided with a pathway to on-time graduation, the school that the student last attended can identify a pathway to graduation during the 2022-2023 school year and issue a diploma retroactive to the 2021-2022 school year without requiring the student to complete additional work or attend classes.

These students can also be graduated from a prior school, if graduating from the school they last attended is not possible. As a last resort, if a student cannot graduate from the school they last attended or a prior school, they are eligible for support to apply for a statewide Keystone diploma. A Keystone diploma has the same force as a school-issued high school diploma and is not a GED. Use this tool if the student was not identified or offered a path to on-time graduation last year.

Request to Participate in a School-Sponsored Activity or Extracurricular: Under Act 1, students who change schools mid-year must be allowed to participate in school-sponsored activities and extracurriculars if they meet “participation and qualification requirements.” Use this tool if the student is being denied the ability to participate in a school-sponsored activity or extracurricular.

Request to Eliminate Fines or Fees: Students protected by Act 1 cannot be assessed fees or fines to participate in a school-sponsored activity or extracurricular or as a penalty for not having a uniform. Such fees must be waived. Use this this tool if the student is subject to a dress code fine or denied the ability to participate in a school-sponsored activity or extracurricular due to a fee.

Pennsylvania School Funding Litigation: Frequently Asked Questions

The Education Law Center of Pennsylvania, Public Interest Law Center, and the law firm O’Melveny have joined together to file a lawsuit on behalf of school districts, parents, and two statewide organizations against legislative leaders, state education officials, and the governor. We are asking for a court order that will force the legislature to comply with the state constitution and ensure that all students receive access to a high-quality public education. The case is scheduled to go to trial in Pennsylvania Commonwealth Court in October 2021. Here are answers to common questions about the case.