The Board of Education (“Board”) is committed to maintaining schools that are spaces with inclusive climates and that support the social, emotional, and mental health of all students. The purpose of this policy is to require the School District of Philadelphia (“District”) to maintain a program of nondiscrimination practices, including course offerings, counseling, assistance, employment, athletics, and extracurricular activities.

For the purposes of this policy, terms are defined as follows:

Discrimination: To treat individuals differently based on a protected classification including race, color, ethnicity, age, religion, sex, sexual orientation, gender identity or expression, ancestry, national origin, marital status, pregnancy, English language proficiency, veteran status, disability, or other protected classification. A single incident of discrimination may implicate more than one protected class.

As required by federal, state, and local laws and regulations, the Board shall provide for an equal opportunity for all students to achieve their maximum potential through the programs and activities offered in the schools without discrimination on the basis of race, color, ethnicity, age, religion, sex, sexual orientation (known or perceived), gender identity or expression (known or perceived), ancestry, national origin, marital status, pregnancy, socio-economic status, English language proficiency, political beliefs, veteran status, disability, or other protected class. [1][2][3][4][5][6][7][8][9][10][11][12][13][14][15][16][17]

The School Reform Commission declares it to be the policy of this district to provide an equal opportunity for all students to achieve their maximum potential through the programs offered in the schools regardless of race, color, age, creed, religion, sex, sexual orientation, gender orientation, ancestry, national origin, marital status, pregnancy or disability. [10][11][12][13][14][15][1][2][3][4][5][6][7][8][9]

The Board is committed to the maintenance of a safe and positive learning environment for all students that is free from The District without discrimination by providing shall provide to all students; course offerings, counseling, assistance, services, employment, athletics, and extracurricular activities without any form of discrimination. Discrimination is inconsistent with the rights of students and the educational and programmatic goals of the District and is prohibited at or, in the course of, District-sponsored programs or activities, including transportation to or from school or school-sponsored activities.

The equitable distribution of district resources is one means the district shall use to ensure all students receive a quality education. The district shall make reasonable accommodations for identified physical and mental impairments that constitute disabilities, consistent with the requirements of federal and state laws and regulations. 

The SRC encourages students and third parties who have been subject to discrimination, or parents/guardians of students, to promptly report such incidents to designated employees.

The SRC directs that complaints of discrimination shall be investigated promptly, and corrective action be taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. All parties will be treated with dignity and respect.

No reprisals nor retaliation shall occur as a result of good faith charges of discrimination or participation in an investigation.

In the event that the district fails to investigate a complaint of discrimination, fails to document the outcome of an investigation of discrimination, or if discrimination continues after an investigation has concluded, individuals may report the incident to the district's hotline at 215-400-SAFE and/or submit a complaint in accordance with applicable SRC policy.[16]

To maintain an education environment that discourages and prohibits program of nondiscrimination practices that is in compliance with applicable laws and regulations, the Board SRC shall designates the dDistrict’s Compliance Officer/Title IX Coordinator as the Compliance Officer responsible for coordinating to coordinate the Ddistrict’s efforts to comply with this policy and applicable laws and regulations.

The Compliance Officer/Title IX Coordinator can be contacted at:

Address: 440 N. Broad Street, Philadelphia, PA 19130

Email: antiharassment@philasd.org

Phone Number: 215-400-4830

The Compliance Officer/Title IX Coordinator shall fulfill designated responsibilities to maintain adequate nondiscrimination procedures, to recommend new procedures or modifications to procedures, and to monitor the implementation of the District’s nondiscrimination procedures as follows:

1. Publish and disseminate this policy and the complaint procedure at least twice annually (at the beginning of school year and following winter break) to students, parents/guardians, employees, independent contractors, vendors, and the public. The publication shall include the name, position, office address, telephone number, and email address of the Compliance Officer/Title IX Coordinator and be made available in various languages in accordance with applicable law or Board policy. [18]
2. Receive reports or complaints from District employees, students, families, and third parties if the school principal is the subject of a report or complaint.
3. Track all complaints, investigation materials and resolutions from discrimination complaints District-wide and monitor the timely and appropriate investigation of complaints.
4. Monitor and provide technical assistance to individuals involved in managing complaints.
5. Make ad hoc reports (as necessary or appropriate) and annual reports to the Board on discrimination complaints and resolutions.

The Compliance Officer shall publish and disseminate this policy and complaint procedure at least annually to students, parents/guardians, employees and the public. Nondiscrimination statements shall include the name, position, office address, telephone number and email address of the Compliance Officer.

The Office of Student Support Services Compliance Officer, the Office of Talent; the Office of Academic Supports; the Division of Operations; the Office of Schools; the Office of Evaluation, Research, and Accountability; and the Office of Diversity, Equity, and Inclusion, is are to monitor the application of an equity lens in accordance with Policy 102 - Equity Framework nondiscrimination procedures in regarding the following areas: [19]

1. Curriculum and Materials - Review of curriculum guides, textbooks, and supplemental materials for discriminatory bias.
2. Training - Provision of training for students and staff to identify and alleviate problems of discrimination.
3. Student Access - Review of programs, activities, and practices to ensure that all students have equal access and are not segregated except when permissible by law or regulation.
4. District Support - Provision of structure, strategic guidance, and organizational leadership necessary to maintain an equitable District.  Assurance that like aspects of the school program receive like support as to staffing and compensation, facilities, equipment, and related areas.
5. Student Evaluation - Review of tests, procedures, and guidance and counseling materials for stereotyping and discrimination.

Each staff member shall be responsible to maintain an educational environment free from all forms of discrimination.

The Superintendent or designee, through the Office of Student Support Services, shall develop administrative procedures to implement this policy.

The building principal or designee shall be responsible to complete the following duties when receiving a complaint of discrimination:

1. Inform the student or third party of the right to file a complaint and the complaint procedure.
2. Inform the complainant that s/he may be accompanied by a parent/guardian during all steps of the complaint procedure.
3. Notify the complainant and the accused of the progress at appropriate stages of the procedure.
4. Refer the complainant to the Compliance Officer if the building principal is the subject of the complaint.
5. Take interim action, as necessary, to address prohibited conduct prior to the completion of the investigation.

The equitable distribution of District resources is one means the District shall use to ensure all students receive a quality education. The District shall make reasonable accommodations for individuals with disabilities, consistent with the requirements of federal and state laws and regulations and in accordance with Board policy, including Policy 103.1 - Nondiscrimination-Qualified Students with Disabilities-Protected. 

The Board encourages students and third parties who have been subject to discrimination, or parents/guardians of students, to promptly report such incidents to designated employees. Any reports of discrimination that are based on a violation of this policy shall follow the Administrative Procedure B: Bullying, Harassment, and Discrimination (Students).

The Board directs that complaints of discrimination shall be investigated promptly, and corrective action be taken when allegations are substantiated.

The District shall provide training for all employees to implement the equity framework as part of its work to become an equitable organization through implementation of Policy 102 - Equity Framework.

The District shall post a notice stating that the District does not discriminate in any manner, in any District education program or activity. The notice shall include the title, office address, telephone number, and email address of the individual(s) designated as the Compliance Officer(s) and shall be posted on the District’s website.

Confidentiality

Confidentiality of all parties, witnesses, the allegations, the filing of a report, and the investigation related to any form of discrimination shall be handled in accordance with applicable law, regulations, this policy, the administrative procedures to this policy, and the District's legal and investigative obligations. [20][21][22][23][24][25]

Retaliation

The Board prohibits retaliation by the District against any person for: [24]

?      Reporting or making a formal complaint of any form of discrimination or retaliation.

?      Testifying, assisting, participating, or refusing to participate in a related investigation, process, or other proceeding or hearing.

?      Acting in opposition to practices the person reasonably believes to be discriminatory. The District, its employees, and others are prohibited from intimidating, threatening, coercing, or discriminating against anyone for actions described above. Individuals are encouraged to contact the Compliance Officer/Title IX Coordinator immediately if retaliation is believed to have occurred.

Disciplinary Consequences

Appropriate disciplinary action/consequences for persons engaging in acts of discrimination and for persons engaged in reprisal or retaliation should be applied, when appropriate, after the investigation has determined that such an offense has occurred. A range of disciplinary actions/consequences are set forth in the Code of Conduct, Employee Code of Ethics, Collective Bargaining Agreement, or applicable Board policy.

[26][27][28][29][30]

This policy shall be made available in English and all other languages necessary to facilitate understanding by Ddistrict residents.

1. 22 PA Code 12.1

2. 22 PA Code 12.4

3. 22 PA Code 15.1 et seq

4. 22 PA Code 4.4

5. 24 P.S. 1301

6. 24 P.S. 1310

7. 24 P.S. 1601-C et seq

8. 24 P.S. 5004

9. 43 P.S. 951 et seq

10. 20 U.S.C. 1681 et seq

11. 34 CFR Part 106

12. 29 U.S.C. 794

13. 42 U.S.C. 12101 et seq

14. 42 U.S.C. 1981 et seq

15. 42 U.S.C. 2000d et seq

16. U.S. Const. Amend. XIV, Equal Protection Clause

17. Policy 103.1 - Nondiscrimination-Qualified Students with Disabilities-Protected Handicapped Students

18. Policy [insert number] - Supporting Language Accessibility for Parents and Guardians Whose Primary Language Is Not English

19.  Policy 102 - Equity Framework

20.  Policy 113.4 - Confidentiality of Special Education Student Information

21.   20 U.S.C. 1232g

22.  34 CFR 106.44

23. 34 CFR 106.45

24. 34 CFR 106.71

25.  34 CFR Part 99

26. Policy 113.1 - Discipline of Students with Disabilities

27. Policy 218 - Student Conduct and Discipline

28. Policy 233 - Suspension and Expulsion

29. Policy 317 -  Employee Conduct and Reporting Requirements

29. Pol. 113.2 - Behavior Support

1. 43 P.S. 951 et seq - 1955 Act 222 PENNSYLVANIA HUMAN RELATIONS ACT
2. 20 U.S.C. 1681 et seq - 20 U.S. Code Chapter 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS
3. 24 P.S. 1310
4. 24 P.S. 1601-C et seq
5. 22 PA Code 12.1
6. 22 PA Code 12.4
7. 22 PA Code 15.1 et seq
8. 22 PA Code 4.4
9. 24 P.S. 5004
10. 43 P.S. 951 et seq
11. 20 U.S.C. 1681 et seq
12. 20 U.S.C. 6321
13. 29 U.S.C. 794
14. 42 U.S.C. 12101 et seq
15. 42 U.S.C. 2000d et seq
16. Pol. 103.1
17. Pol. 248
18. Pol. 906
19. 20 U.S.C. 1232g