HARRISBURG, Pa. - A newly approved state anti-discrimination regulation could mean Lehigh Valley LBGTQ students and those across the state will have more protections in school.
Sara Rose, deputy legal director for the American Civil Liberties Union (ACLU) Pennsylvania, said the regulation is a tool students can use to challenge school district policies that target them because of the protected characteristics.
- Newly adopted law allows students discriminated against because of sexual orientation or gender identity to file a complaint
- The state Human Relations Commission has up to a year to rule
- It does not apply to school district policies regarding books and materials
“So, say you’re in a situation where in a school that prohibits them from using the bathroom that matches their gender identity,” she said. “And a trans student and their parent is upset by their policy and thinks it’s discriminatory. Then they can file a complaint.”
Recently, some parents and members of groups such as Moms for Liberty in Lehigh and Northampton counties have pushed school districts to adopt guidelines that restrict the rights of LGTBQ students in schools.
In Nazareth School District, the founders of a new Moms for Liberty Northampton chapter have pushed the school board to adopt policies similar to Central Berks County, Hempfield and Pennridge school districts.
Those districts have approved guidelines that include censoring districtwide material that contains “sexualized content” and allow community members to challenge library books deemed to be “inappropriate.”
Hempfield also banned transgender athletes from playing on sports teams that align with gender identity.
Laura Warmkessel, a former Parkland School District parent, recently called for that district to censor library books with LGBTQ content. She complained students had access to books with titles that included “Gay Issues and Politics,” “Queer, There and Everywhere,” and "On Top of Glass: My Stories as a Queer Girl in Figure Skating.”
She said it was not an effort to ban books, but an attempt to make sure books available were “age-appropriate” and at the correct maturity level for students.
According to Pennsylvania Gov. Tom Wolf’s office, students and their parents would not be able to challenge policies that aim to restrict LGBTQ classroom materials or library books. But they have the right to lodge a complaint about sex-related discrimination, such as being banned from using the bathroom or playing on a sports team that matches their gender identity.
Under the new guidance, the families can file a complaint with the Human Rights Commission against their school if they think their child has been mistreated because of their sexual orientation or gender identity.
“I have been clear – hate has no place in Pennsylvania. This includes protecting the rights of individuals facing discrimination by a school, landlord, or employer based on who they love or their gender identity.”Gov. Tom Wolf
“I have been clear — hate has no place in Pennsylvania,” Gov. Wolf said in a news release. “This includes protecting the rights of individuals facing discrimination by a school, landlord, or employer based on who they love or their gender identity.”
Republican lawmakers sent a letter this past June to the regulatory review commission protesting Wolf's policy push, arguing that this change to the definition of sex discrimination has "deep legal ramifications."
They complained that the move improperly circumvented the state legislature to expand the law. The move also received criticism during public comment from groups who said the change infringed on their religious freedoms.
The Human Rights Commission has a year to issue an opinion in a case after receiving a complaint. If it doesn’t issue a decision by then or they decide not to take up the matter, the student can file a claim against the school district.
The commission can issue a ruling that agrees that the student was discriminated against, which the school district has the right to challenge in state court.
“Sort of the downside is that you do have to wait a period of time before you can bring a lawsuit under the Human Relations Act,” Rose said.
Students can bypass the commission and state court by filing a civil rights lawsuit in federal court under the Equal Protection Clause in the U.S. Constitution, Rose said.
Lawyers at the ACLU Pennsylvania recently filed a sex discrimination complaint against the Central Bucks School District alleging a hostile learning environment for LGBTQ students.
Rose said the benefit of going through the Human Relations Commission is the family lodging the grievance doesn’t have to hire an attorney and go through all of the steps of proving the allegations. The commission investigates, then issues an option.
Rose said she hopes that making the anti-discrimination rule explicit in Pennsylvania law will encourage school districts to think twice before passing restrictive policies.
“I certainly hope that school districts will consider the fact that Pa. law prohibits discrimination against sexual orientation and gender identity when passing these policies.”
