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    Pennsylvania Human Relations Commission

    Harassment in Education Guidance

    A virtual public meeting to solicit feedback on the education guidance liability standard will be held November 21, 2024, from 11:00 a.m.-1:00 p.m.

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    The Pennsylvania Human Relations Commission (PHRC) issued proposed guidance on “Harassment in Educational Settings” on August 8, 2024. The PHRC now seeks additional feedback from the public specific to the impact of it utilizing a negligence standard in lieu of the deliberate indifference standard originally proposed in its guidance.

    Discrimination exists in all Pennsylvania communities and therefore the PA Human Relations Commission recognizes that this guidance has widespread impact. We strive to solicit feedback from educators and parents from all corners of the Commonwealth.

    All students have the right to obtain an education in an environment that is free from unlawful discrimination. Discriminatory conduct in a school setting can be perpetrated by an individual or group of individuals that the school has control over. This may include, but is not limited to, students, teachers, administrators, staff, third party contractors, etc. Discrimination may be verbal or physical and need not be directed at a particular student to be unlawful.

    In issuing this Guidance, the Commission reiterates its longstanding position that this Guidance is not intended to impose hard and fast rules that must be absolutely applied without regard to the specific facts involved. Nothing in this Guidance shall affect statutory or other regulatory requirements.

    The purpose of this Guidance is to provide clarity to all Pennsylvanians regarding how the Commission will evaluate harassment and bullying cases resulting from discrimination in the educational context pursuant to 43 P.S. § 959(h) and/or (i).

    How to provide feedback

    A virtual public meeting to solicit feedback on the education guidance liability standard will be held November 21, 2024, from 11:00 a.m.-1:00 p.m. To attend, please register in advance.

    If you would like to be heard at this meeting, we ask that you indicate that when you register so that we can allocate enough time for each speaker. We anticipate that each speaker will be allocated five to seven minutes to speak. 

    If you would like to submit comments in writing, please submit them to PHRC by November 22, 2024, by emailing them to ra-hrphrcchiefcsl@pa.gov