|
(Adopted by the Pennsylvania
Human Relations Commission
on August 24, 1998)
The
Pennsylvania Human Relations Commission, cognizant of the
fundamental guarantee found in the Pennsylvania Human Relations
Act that equal educational opportunity, irrespective of race,
color, religious creed, ancestry, disability, sex or national
origin, must be provided, sets forth the following guidelines for
use by those responsible for providing public education within the
Commonwealth. Those responsible include, but are not limited to,
the Commonwealth, political subdivisions and individual school
districts. The Commission, in promulgating these guidelines,
recognizes that equal educational opportunity not only requires
the elimination of unlawful segregation found to exist but also
requires the allocation of educational resources in an equitable
manner and the elimination of disparities in educational results
correlated to racially or ethnically identifiable factors. The
Commission, in promulgating these guidelines, recognizes that
action or inaction, whether direct or indirect, overt or covert,
which fosters racial or ethnic discrimination or segregation in
public schools, is contrary to the public interest. Whenever any
such action or inaction, past or present, has adversely affected
public education, it is the obligation of those responsible for
providing public education in the Commonwealth to correct the
situation.
*The
Guidelines found below utilize the term "racial and
ethnic" throughout to refer to the classifications: race,
color, national origin and ancestry that are found in the
Pennsylvania Human Relations Act. Moreover, the Guidelines
expressly address only racial and ethnic segregation and
discrimination. This emphasis is deemed appropriate because of the
Commission's considerable litigation experience in these areas.
The Guidelines, of course, have general applicability to
segregation of, and discrimination against, all protected
classifications under the Pennsylvania Human Relations Act.
1.
Integration as a Factor in Public Education.
Those
responsible for providing public education in the Commonwealth are
obligated to provide equal educational opportunity irrespective of
race or ethnicity. This obligation requires a recognition that the
"common school", comprised of children from various
backgrounds, has long been viewed as a basic social instrument in
attaining our traditional goals of equal opportunity and personal
fulfillment. The presence in a single school of children from
varied backgrounds is an important element in the preparation of
young people for active participation in the social and political
affairs of our democracy.
When
any one school building comes to be viewed as improperly exclusive
in fact or in spirit; when it is viewed as being reserved for
certain community groups; when morale, teacher and pupil
motivation and achievement are affected by racial or ethnic
imbalance, the school system is being adversely affected by
segregation. Segregation is not an arbitrary numerical
relationship of one group to another. Segregation becomes a factor
adversely affecting education when an untoward concentration of
any racial or ethnic group in one building begins to destroy the
functioning of the entire system as a "common school".
Given
the above, every school building, insofar as possible, should
reflect in its enrollment a cross-section of the entire community.
2.
Equitable Allocation of Resources as a Factor in Public Education.
Those
responsible for providing public education in the Commonwealth are
obligated to provide equal educational opportunity irrespective of
race or ethnicity. This obligation requires those responsible not
only to take steps necessary to reduce racial or ethnic imbalance
but also to remedy the adverse educational consequences caused by
racial or ethnic isolation and societal discrimination. To do so,
responsible officials must recognize that the existence of a
racially or ethnically identifiable disparity in the needs of
students may require the allocation of resources in a manner that
is responsive to the needs differential that is identified.
Given
the above, school resource allocations should be needs based to
ensure equity in the allocation of resources.
3.
Educational Results as a Factor in Public Education.
Those
responsible for providing public education in the Commonwealth are
obligated to provide equal educational opportunity irrespective of
race or ethnicity. This obligation includes the need to respond
appropriately to racially or ethnically identified disparities in
student achievement results. Student achievement is measured in a
variety of ways that include, without necessarily being limited
to, the following: average daily attendance, dropout rates,
graduation rates, post secondary education rates, letter grade and
standardized test score data, representation in special education
programs and representation in advanced placement and special
admission programs.
Given
the above, educational results should be monitored so as to permit
identification of any racially or ethnically identified
disparities together with appropriate responsive action.
4.
Racial and Ethnic Composition of Staff as a Factor in Public
Education.
Those
responsible for providing public education in the Commonwealth are
obligated to provide equal educational opportunity irrespective of
race or ethnicity. This obligation includes a recognition that a
racially and ethnically diverse staff at all professional,
non-professional and administrative levels has a positive
educational value. Children of all ages benefit from role models
with whose racial or ethnic backgrounds they can identify.
Children of all ages also benefit from being taught by those who
are racially or ethnically different.
Given
the above, voluntary affirmative action measures, intended to
correct any identified under-representation, should be engaged in.
Such measures should not be confused with the imposition of
remedial quota relief involving hiring or promotion nor should it
result in the hiring or promotion of less qualified individuals
based solely on their protected class status.
5.
The Shared Responsibility of the Commonwealth, Political
Subdivisions and Individual School Districts as a Factor in Public
Education.
Those
responsible for providing public education in the Commonwealth are
obligated to provide equal educational opportunity irrespective of
race or ethnicity. This responsibility includes a recognition of
the shared nature of the obligation. The Commonwealth, in this
regard, is constitutionally mandated to provide a thorough and
efficient education. School Districts are political subdivisions
created by the General Assembly as the Commonwealth's agent for
the sole purpose of satisfying the constitutional mandate.
Given
the above, both the Commonwealth and individual school districts
must accept their responsibility under the Pennsylvania Human
Relations Act to ensure that equal educational opportunity is
provided.
6.
Curricular Inclusiveness and Programmatic Equity as a Factor in
Public Education.
Those
responsible for providing public education in the Commonwealth are
obligated to provide equal educational opportunity irrespective of
race or ethnicity. This obligation includes recognition by those
responsible that changes in policies designed to reduce racial or
ethnic imbalance and overcome the effects of past and present
racial or ethnic isolation and discrimination are only the first
steps in meeting the goals and objectives of these guidelines.
Responsible officials, including appropriate state agency
officials, therefore, should strive in every way possible to
strengthen programs designed to produce mutual respect and trust
between groups. This would include a multi-cultural curriculum to
ensure the contributions of all groups are included and that the
treatment of all minority groups in our common history is
re-examined. This type of curricular inclusiveness and
programmatic equity should exist in all schools, not just those,
which have minority children, enrolled. These proposals are
designed to achieve good education for all children, not just
special education for minority children. Additionally, those
responsible should cooperate in the development of stronger
programs of in-service training in human relations and
multi-cultural education, both for administrative staff and
teachers.
Given
the above, the objective throughout the Commonwealth should be
curricular inclusiveness and programmatic equity.
7.
Continuous Evaluation and Preventive Action as a Factor in Public
Education.
Those
responsible for providing public education in the Commonwealth are
obligated to provide equal educational opportunity irrespective of
race or ethnicity. This responsibility includes an understanding
that school districts that are racially or ethnically imbalanced
or that experience racially or ethnically identifiable disparities
in student achievement results will be subject to continuing
examination by the Commission.
Given
the above, constant review and evaluation should be made at all
levels in order to uncover discriminatory inequities in their
incipient stages and deal with them while they are in manageable
proportions. Appropriate follow-up should occur when corrective
action is taken in order to reduce the likelihood of future
discriminatory inequities.
8.
Community Participation as a Factor in Public Education.
Those
responsible for providing public education in the Commonwealth are
obligated to provide equal educational opportunity irrespective of
race or ethnicity. This obligation requires those responsible to
make wide use of parental, business and diverse community
involvement in the development, evaluation and implementation of
programs and plans.
Given
the above, the active recruitment and utilization of parents,
businesses and diverse community organizations as participants in
the educational process should be an essential objective.
|