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§ 5004. Unfair educational practices

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. Education

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 19. Pennsylvania Fair Educational Opportunities Act (Refs & Annos)
24 P.S. § 5004
§ 5004. Unfair educational practices
(a) Except as provided in section 9,1 it shall be an unfair educational practice for an educational institution--
(1) To exclude or limit, or otherwise discriminate, because of race, religion, color, ancestry, national origin, sex, handicap or disability, against any student or students seeking admission as students to such institutions: Provided, That it shall not be unfair educational practice for any educational institution to use criteria other than race, religion, color, ancestry, national origin, sex, handicap or disability in the admission of students.
(2) To make any written or oral inquiry prior to admission concerning or designed to elicit information as to the race, religion, color, ancestry, national origin, sex, handicap or disability of a student seeking admission to such institution.
(3) To expel, suspend, punish, deny facilities or otherwise discriminate against any student because of race, religion, color, ancestry, national origin, sex, handicap or disability.
(4) To penalize or discriminate against any individual because he has initiated, testified, participated or assisted in any proceedings under this act.
(5) To fail to preserve for a period of three years any records, documents and data dealing with, or pertaining to, the admission, rejection, expulsion or suspension of students, or to refuse to make such records, documents and data available at all times for the inspection of the commission.
(6) To construct, operate or otherwise make available facilities and services which are not accessible.
(7) To exclude, limit or otherwise discriminate against any student or applicant because of the handicap or disability of an individual with whom the student or applicant is known to have a relationship or association.
(8) To deny an individual with a handicap or disability equal opportunities for education because of uninsurability or increased cost of insurance.
(a.1) Except as provided in section 9, it shall be an unfair educational practice for a religious educational institution--
(1) To exclude or limit, or otherwise discriminate, because of race, color, ancestry, national origin, sex, handicap or disability, against any student or students seeking admission as students to such institutions: Provided, That it shall not be unfair educational practice for any religious educational institution to use criteria other than race, color, ancestry, national origin, sex, handicap or disability in the admission of students.
(2) To make any written or oral inquiry prior to admission concerning or designed to elicit information as to the race, color, ancestry, national origin, sex, handicap or disability of a student seeking admission to such institution.
(3) To expel, suspend, punish, deny facilities or otherwise discriminate against any student because of race, color, ancestry, national origin, sex, handicap or disability.
(4) To penalize or discriminate against any individual because such person has initiated, testified, participated or assisted in any proceedings under this act.
(5) To construct, operate or otherwise make available facilities and services which are not accessible.
(6) To exclude, limit or otherwise discriminate against any student or applicant because of the handicap or disability of an individual with whom the student or applicant is known to have a relationship or association.
(7) To deny an individual with a handicap or disability equal opportunities for education because of uninsurability or increased cost of insurance.
(b) It shall be an unfair educational practice for any person to aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful educational practice, or to obstruct or prevent any person from complying with the provisions of this act or any order issued thereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful educational practice.
(c) Nothing in this section shall be deemed to affect in any way the right of religious or denominational educational institutions to select its students exclusively or primarily from members of such religion or denomination, or from giving preference in such selection to such members.
(d) Nothing in this section shall prohibit any educational institution from accepting and administering any inter-vivos or testamentary gift upon such terms and conditions as may be prescribed by the donor.

Credits

1961, July 17, P.L. 776, No. 341, § 4. Amended 1965, Dec. 27, P.L. 1225, § 1; 1972, Dec. 29, P.L. 1682, No. 360, §§ 1, 2; 1992, Dec. 21, P.L. 1683, No. 187, § 3, effective in 60 days.

Footnotes

24 P.S. § 5009.
24 P.S. § 5004, PA ST 24 P.S. § 5004
Current through 2022 Regular Session Act 29. Some statute sections may be more current, see credits for details.
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