PRINTER'S NO. 893
No. 820 Session of 1979
INTRODUCED BY DAWIDA, CHESS, GRABOWSKI, MURPHY, SEVENTY, ZORD,
B. D. CLARK, COCHRAN AND TRELLO, MARCH 26, 1979
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 26, 1979
AN ACT
1 Amending the act of October 27, 1955 (P.L.744, No.222),
2 entitled, as amended, "An act prohibiting certain practices
3 of discrimination because of race, color, religious creed,
4 ancestry, age or national origin by employers, employment
5 agencies, labor organizations and others as herein defined;
6 creating the Pennsylvania Human Relations Commission in the
7 Department of Labor and Industry; defining its functions,
8 powers and duties; providing for procedure and enforcement;
9 providing for formulation of an educational program to
10 prevent prejudice; providing for judicial review and
11 enforcement and imposing penalties," establishing a procedure
12 for the handling of complaints concerning segregation or
13 discrimination in public schools and further providing for
14 educational programs.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 8, act of October 27, 1955 (P.L.744,
18 No.222), known as the "Pennsylvania Human Relations Act," is
19 amended by adding a paragraph to read:
20 Section 8. Educational Program.--
21 * * *
22 Notwithstanding any other provisions of this section or of
23 this act, the Commission shall not issue any order which results
24 in any pupil being assigned to any school other than the one of
1 the proper grade level closest to his home.
2 Section 2. The act is amended by adding a section to read:
3 Section 9.2. Procedure in School Complaint.--(a) Any
4 individual claiming to be aggrieved by an alleged situation of
5 segregation or discrimination in a public school system may
6 make, sign and file with the Commission a verified complaint in
7 writing which shall state the name and address of the district
8 concerned, and the particulars thereof and such other
9 information as may be required by the Commission. The Commission
10 or the Attorney General, may upon its or his own initiative file
11 such a complaint.
12 (b) After the filing of a complaint, whenever there is
13 reason to believe that such a practice has been committed, the
14 Commission shall, after immediate notification of the district
15 concerned, make a prompt investigation.
16 (c) The Commission shall initially make a determination that
17 the quality of education offered in the district is inferior as
18 to certain students, and that the quality would be raised if the
19 alleged discrimination or segregation could be eliminated. If no
20 such finding can be made, the Commission shall terminate the
21 proceeding at that point.
22 (d) If the Commission finds that a situation of
23 discrimination or segregation exists and also makes the
24 aforesaid finding as to the quality of education it shall
25 initiate a conference, or a series of conferences, with the
26 school board of the district concerned to discuss the said
27 findings.
28 (e) Upon notice to the school board by the Commission that
29 the situation cannot be resolved at the said conferences by the
30 giving of satisfactory assurances by the school board, the
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1 Commission shall schedule a hearing or such number of hearings
2 as the school board shall determine upon at least thirty days'
3 notice to be held in the district upon the substance of the
4 complaint and the solution of the problem. The board, parents'
5 organizations, community organizations, and individual parents
6 and citizens of the district shall be entitled to be heard at
7 the said hearing.
8 (f) After the said hearing or hearings which shall not
9 exceed six months in duration, the Commission may recommend
10 implementation of a plan to end the said discrimination or
11 segregation, provided that it makes the following findings:
12 (1) The finding as to the level of education required in
13 subsection (c) supra.
14 (2) A finding that de facto segregation or discrimination
15 exists.
16 (g) No plan shall be made mandatory.
17 (h) Nothing herein shall preclude voluntary programs on the
18 part of local school districts.
19 (i) Nothing herein shall authorize the busing of pupils from
20 one school district to another school district.
21 Section 3. This act shall take effect in 60 days.
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