Harrisburg, PA — The Pennsylvania Human Relations Commission (PHRC) approved new guidance to help schools across the Commonwealth evaluate and respond to bullying and harassment claims under the Pennsylvania Human Relations Act (PHRA).
The guidance, titled “Harassment in Educational Settings: Guidance on Evaluating Claims of Bullying and Harassment under the Pennsylvania Human Relations Act,” provides a clear framework for when bullying and harassment rise to the level of unlawful discrimination.
PHRC Executive Director Chad Dion Lassiter, MSW emphasized the importance of the new guidance, “Every child deserves to learn in an environment that is safe, welcoming, and free from discrimination. This guidance makes it clear that schools have both a moral and legal duty to protect students. When harassment is ignored, the harm can last a lifetime.”
The PHRA prohibits discrimination in education on the basis of race, color, sex (including pregnancy, gender identity, and sexual orientation), religious creed, ancestry, national origin, and disability.
In plain terms, the guidance means:
- All students in Pennsylvania have the right to an education free from discrimination, harassment, and bullying.
- When bullying is tied to a protected class—such as race, religion, disability, or gender—it may be considered unlawful discrimination.
- Schools can be held responsible if they knew or should have known about discriminatory harassment and failed to take reasonable steps to stop it.
- Schools are encouraged to adopt proactive policies, provide multiple ways for students to report concerns, and respond promptly with fair investigations and corrective action.
- The rules also cover incidents that occur online, on the bus, or off school grounds if the school has control over the context and parties involved.
PHRC Vice-Chair Dr. Raquel Yiengst highlighted the accountability the guidance establishes, “This guidance provides schools with clarity: if you know about harassment—or even if you should have known—you must act. This is about making sure every student has a fair chance to succeed.”
The guidance also reaffirms that while schools must respect free speech rights, speech that creates a hostile environment or crosses into discriminatory harassment is not protected and must be addressed.
The Commission is encouraging schools to review their current bullying and harassment policies, ensure they are in line with the PHRA, and make resources available to staff, parents, and students.
PHRC Director of Education & Outreach Desireé Chang stressed the Commission’s commitment to partnership and education, “We want schools, parents, and students to understand their rights and responsibilities. Our Commission is here not only to enforce the law but to provide training, resources, and guidance so schools can prevent harassment before it starts.”
PHRC provides training on a variety of social justice programs including bullying and harassment. For training or assistance, schools may contact the PHRC at 717-787-4410 or visit the PHRC website.
About the PHRC:
The Pennsylvania Human Relations Commission enforces state laws that prohibit discrimination and promote equal opportunity for all people. The PHRC investigates complaints of discrimination in employment, housing, education, and public accommodations. Anyone who has experienced acts of discrimination or bias is urged to file a complaint by calling 717-787-4410. Information and resources are also available on the PHRC website. Follow the PHRC on X, Facebook, Instagram, LinkedIn, and YouTube, and subscribe to our monthly newsletter.
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