This fact sheet provides information for caregivers, as well as early childhood education (ECE) administrators, staff, and other stakeholders, regarding ways to eliminate discrimination in preschools, including discriminatory suspensions and expulsions. You can also find information on protections against discrimination under federal and state law, including antidiscrimination laws and licensing requirements that apply to preschool programs in Pennsylvania and specific programs and protections for children with disabilities, children experiencing homelessness, and those in foster care.
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How to Opt Out of Sharing Personal Student Information
Although federal law generally prohibits schools from sharing student records, the law permits schools to disclose certain basic information (such as student name, address, phone number, date and place of birth) without consent unless a parent (or student age 18 or older) “opts out” of sharing this “directory information.” This fact sheet explains your rights to keep this information private, if you wish.
ELC-PA has also created two new tools to help parents and “eligible students” opt out of “directory information,” as permitted by the Family Educational Rights and Privacy Act (FERPA), if the students’ school does not provide a form of its own.
- Directory Information Opt-Out Request (Eligible Students): If a school does not provide a specific opt-out form, “eligible students,” students who are 18 years or older or are attending a postsecondary institution, can use this tool to opt out of the disclosure of directory information. Requests must be submitted by the deadline identified by the school. Click here for the tool.
- Directory Information Opt-Out Request (Parents): If a school does not provide a specific opt-out form, parents, guardians, people acting in the place of a parent/guardian, and educational decision-makers, can use this tool to opt out of the disclosure of directory information. Requests must be submitted by the deadline identified by the school. Click here for the tool.
Students’ Rights in Early Education Settings: Preventing Explusions, Suspensions and Exclusions
Coming soon.
Preparing for a Manifestation Determination Review
Students with disabilities cannot be excluded from school, either by expulsion or by a pattern of suspensions, for behaviors caused by their disabilities. When a school moves to suspend or expel a student with an IEP or 504 plan, it must hold a manifestation determination meeting. This factsheet and tool outline a student’s rights when facing disciplinary exclusion, how to prepare for a manifestation determination review, and a parent’s rights during this process.
Access our related self-advocacy tool to prepare for a manifestation determination review.
Students’ Rights During Residency Disputes: Act 67 Explained
Every child of school age who is a resident of a Pennsylvania school district is entitled to a public school education. A school district may ask a family to provide documents to establish residency and may challenge whether the family lives in the district, except when a child is experiencing homelessness. Under Pennsylvania’s Act 67, children have the right to remain in their current school during the pendency of a residency dispute. Learn more in our fact sheet.
We have also developed three templates that school districts can share with families about their rights under the McKinney-Vento Act, as required by Act 67; to apprise families of their right to a residency hearing in accordance with the statutory requirements of Act 67 and the constitutional rights of students; and to apprise families of the School District/Charter School’s decision regarding their child’s right to attend school after a Residency Hearing.
Student Rights in Hospitals
Students in hospital programs, including partial hospitalization programs (PHPs), inpatient hospitalization programs, and day treatment programs maintain their right to a free public education.
Learn more about student rights in hospitals here.
Early Childhood Education: Transitioning Through Early Intervention
Children who qualify for early intervention services should not experience gaps in the educational services they are entitled to receive under federal and state law as they transition through programs: Infant and Toddler Early Intervention, Preschool Early Intervention, and school-age programs.
This fact sheet provides information on how parents can make sure their young children get the services they need when transitioning into different educational programs.
Transparency in Public Schools-Sunshine & Right-To-Know
The Pennsylvania Sunshine Act and Right-To-Know Law (RTKL) require that the public have access to the meetings of public agencies to promote transparency and accountability, and require public access to records and information about the operations and decisions of school entities.
Learn more about your rights and how to respond to violations of these laws by reading our fact sheet.
Rights of Pregnant and Parenting Students
Students who are pregnant and parenting deserve the opportunity to complete their education free from bias and discrimination and in a learning environment that is supportive and affirming.
This fact sheet explains the rights of pregnant or parenting students and identifies how to seek help if your rights are violated.
New Title IX Rule: Schools’ Obligation
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.
Right to Compensatory Damages for Disability Discrimination
In March 2023, the U.S. Supreme Court ruled that parents are not required to exhaust administrative procedures under the Individuals with Disabilities Education Act (IDEA) before seeking relief in the form of compensatory damages under Title II of the Americans with Disabilities Act of 1990 (ADA) or Section 504 of the Rehabilitation Act of 1973 (Section 504).
This fact sheet provides an analysis of that case, Perez v. Sturgis Public Schools, and prior decisions addressing the right to damages for students with disabilities.
MDJ Truancy Compliance Checklist
The purpose of Act 138 of 2016 is to improve attendance and deter truancy by consistently identifying and addressing attendance issues as early as possible with credible intervention techniques in order to preserve the unity of the family, avoid the loss of housing or entry of a child into foster care, or disruption of an intact family unit. This checklist identifies common issues that arise for MDJs who adjudicated truancy matters.
You may also be interested in A Judge’s Guide to Attendance Barriers (Truancy) and Act 138 and a screening tool for use by MDJs and MDJ Screener To Address Truancy Referrals.
School Transportation FAQs
Your child’s right to school transportation depends on the local policies adopted by your school district, the distance from your residence to the school, and whether your child has disabilities that require individualized transportation arrangements.
You can learn more here.
Early Interventions Step-By-Step Guide & Timelines
Early intervention (EI) services and supports are available to babies and young children with developmental delays and disabilities. This fact sheet provides information on the steps you can take as a parent or caregiver to make sure young children receive the services they need. You can access the full guide here.
To learn more about EI services, see also ELC’s Early Intervention Questions & Answers.
COVID Compensatory Services
Research shows that school-age children experienced significant learning loss during the COVID-19 pandemic.
This fact sheet explains the rights of students with disabilities to receive COVID compensatory services for the education, services, and supports they did not receive as a result of the COVID-19 pandemic. Learn more here.
Challenging Sex or Gender Based-Harassment at School: Student Rights and Complaint Options
Gender-based violence and sexual harassment are widespread problems in K-12 schools throughout the country and in Pennsylvania. For example, nearly half of students in grades 7-12 reported experiencing sexual harassment in the 2017-18 school year. The U.S. Government Accountability Office has found that K-12 students who experience hostile behaviors, including sexual harassment and assault, are more likely to experience depression and anxiety as well as decreased participation and achievement in school. Students have the right to be free from sex- or gender-based discrimination, harassment, and violence at school. Learn more here.
School Attendance and Truancy: Understanding the Basics
All students in Pennsylvania must attend school no later than age 6 until age 18 or graduation, whichever occurs sooner. In general, rules for attending school do not apply to youth under 18 who have a certificate of graduation from a regularly accredited, licensed, registered, or approved high school. Under the law, all students must attend school until their 18th birthday or graduation, whichever is sooner, unless they qualify for one of a few limited exceptions, as explained in this fact sheet. You can access the full guide here.
How to File a Complaint with the Pennsylvania Human Relations Commission
The Pennsylvania Human Relations Act (PHRA) is the commonwealth’s key antidiscrimination law. The Pennsylvania Human Relations Commission (PHRC) enforces this state law, which prohibits discrimination in schools on the basis of race, color, ancestry, disability, religion, national origin, family status, and sex (including gender identity and sexual orientation). The PHRA affords broad protections against racial, sex-based, and disability discrimination.
To learn more about the process for filing a discrimination complaint and your role in the complaint process, click here.
Equity in School Sports for Transgender, Non-Binary, and Intersex Students
Playing sports provides many direct and indirect benefits to young people, and these benefits must be equitably offered to all students in public schools, including transgender, nonbinary, and intersex students.
You can learn more here.
Virtual School Programs and Cyber Charter Schools: What You Need to Know
During the COVID-19 pandemic, many students across Pennsylvania were exposed to “virtual learning” or “virtual school programs” for the first time. These are programs operated by a school district or charter school that offer an education program through computer-based or online programs and may also be referred to as “cyber” learning.
This fact sheet discusses district virtual school programs and cyber charter schools. To learn more, click here.