This section of PALawHelp.org has information and resources about Student Rights in Pennsylvania.
School age children have a basic rights in a variety of situations while attending school. These situations include school enrollment; student disciplinary proceedings; students with disabilities and special education placements and proceedings; and bullying, harassment, and other circumstances related to attending school. Read Related Resource. . .
Click on a resource category listed below to see information related to that category.
2025-26 Back to School Guide for Pennsylvania Public School Students, Families, and Advocates
The Education Law Center-PA (ELC-PA) has updated its annual “Back to School Guide” with new publications and updated information on multiple education topics to help students, families, and child-serving professionals.
Back to School: How to Enroll Yourself as an Older Youth in School (Video)
The Education Law Center - Pennsylvania Provides this enrollment guide for older youth who are emancipated or living on their own. You have a legal right to go to school in Pennsylvania until the end of the school term in which you have your 21st birthday. (October 2009)
Back to School: Know your Enrollment Rights (Video)
The Education Law Center - Pennsylvania provides this basic guide to enrolling your child in a Pennsylvania public school. (October 2009)
Do You Have a Criminal Record? You May Be Able to Seal it! - MyCleanSlatePA
MyCleanSlate.com provides information on the rights of individuals who have criminal records and how to seal or clear those records. The Clean Slate Screener on this page is an automated service provided by Community Legal Services, a non-profit legal services organization. The mission of this service is to provide free information so that more Pennsylvanians can clear their records.
Homeless Education - PA Department of Education
Information from the Pennsylvania Department of Education on homeless children's right to an education. Pennsylvania's Education for Children and Youth Experiencing Homelessness (Pennsylvania ECYEH) Program was established to make sure homeless youth have access to a free and appropriate public education while removing barriers that homeless children face. Its goal is to have the educational process continue as uninterrupted as possible while the children are in homeless situations.
Know Your Rights: Pregnant and Breastfeeding Students in Pennsylvania
Information from the Women's Law Project on the rights of students who are pregnant, breastfeeding, producing breast milk or experiencing a related limitation. (March 2018)
Pregnancy Discrimination - Understanding Your Student Rights Related to Pregnancy and Breastfeeding
Laws prohibit discrimination in education on the basis of pregnancy and require schools to provide reasonable accommodations to allow students to continue their education and school-related activities while pregnant and following birth. The Women's Law Project provides information their rights for pregnant students and students who have recently had a baby.
Rights in Suspension and Expulsion
Information on school suspensions and expulsions from the Erie County Bar Association. Under the current state of law, students who attend private schools have very little opportunity to contest their suspensions or expulsions. This page deals with the legal rights of students who attend public schools. In public schools, the school directors are obligated to define and publish the types of conduct that would lead to exclusion from school. An exclusion from school may take the form of either suspension or expulsion. (February 2019)
Rights of Multilingual & Culturally Diverse Families
Information from the Education Law Center - Pennsylvania. Overview of the rights of students receiving English language instruction (identified in laws as English learners or ELs) and parents or guardians whose first language is not English (identified in laws as limited English proficient or LEP). August 2024.
Right to Be Free from Bullying and Harassment
All students have the right to be free from bullying and harassment in school ‒ whether it is verbal, written, graphic, physical, or online. All forms of bullying and harassment are not permitted and require your school to investigate and intervene to ensure that the bullying and harassment does not continue. This fact sheet explains all students rights to be free from these types of abuse. (August 2024)
School Attendance and Truancy
Information on compulsory school attendance from the Erie County Bar Association. Pennsylvania requires every child of mandatory school age to attend school. Mandatory school age begins when the child's parents or guardians choose to have the child begin school, which cannot be later than eight (8) years old until the age of seventeen (17) years old. It does not include any child who holds a certificate of graduation from a regularly accredited senior high school. (August 2018)
Student Rights: Suspension & Expulsion
Information from Pennsylvania Legal Aid Network, Inc. on student rights in suspension and expulsion proceedings.
Suspensions in PA
This fact sheet applies to all public schools, including charter schools, in Pennsylvania. If a school district or charter school seeks to suspend your child, There are important things you should know. A suspension is an exclusion from school for one to 10 school days in a row. Even a suspension for part of a day constitutes one day of suspension. A suspension may be imposed by a principal or other person in charge of a school. (August 2024)
The Rights of LGBTQ+ and Gender-Diverse Students
Discrimination against LGBTQ+ people is illegal. Courts have increasingly recognized the rights of students who identify as lesbian, gay, bisexual, transgender, or queer, as well as students who are nonbinary or gender-nonconforming (sometimes referred to as “gender-expansive”). Students who are LGBTQ+ or gender-expansive have the right to be their full, authentic selves and to be free from any bullying, stigma, or harassment in school. Under the law, schools have a duty to intervene and correct policies or practices that discriminate against students based on sexual orientation, gender identity, or gender expression. [PDF] (August 2025)
Trans Youth Handbook
This Handbook was created to help you learn about your legal rights in different areas of your life. The information in this Handbook should not be considered legal advice. This Handbook provides legal information but does not attempt to apply that information to any specific situation. This guide was fully updated in September 2024 and partially updated in April 2025 to indicate areas where the law may be changing or uncertain.
Mediation (Special Education)
Even when parents and school officials try their best to reach agreement on a student’s special education program, disagreements can occur. If this happens, mediation, which is a free, voluntary, and confidential alternative to a formal due process hearing, is an option. Mediation can take place at any time before or during the due process cycle. Mediation is not a required process and may not delay or deny a parent the right to a due process hearing. Information on the Mediation process from the Office of Dispute Resolution (Special Education).
Request for Translation and Interpretation Services
Federal civil rights laws require schools to provide free language services for multilingual parents or caregivers whose first language is not English. This form and checklist includes questions the parent or caregiver can ask about the types of language services available and when the school can provide language services. By asking these questions, the parent or caregiver will learn about the process to request language services and the point of contact at the school responsible for providing interpretation and/or translation. This self-advocacy tool is available for general education in Spanish, Chinese, Arabic and Nepali. This self-advocacy tool is available for special education in Spanish, Chinese, Arabic and Nepali.
Sample Sworn Statement and Residency Affidavit For Students Living With Adults Who Are Not Their Parents, 24 P.S. §13-1302 [PDF]
If a child is living with you and you are not with their parent, they have the right to attend school where you live if certain conditions are met. Use this form to determine whether the child living with you is eligible to enroll in school where you reside. This form is an affidavit (sworn statement), which means that you are certifying that all information you put on the form is correct. NOTE: You can face legal penalties if you knowingly complete this form using false information to enroll a child into school.
Do You Have a Criminal Record? You May Be Able to Seal it! - MyCleanSlatePA
MyCleanSlate.com provides information on the rights of individuals who have criminal records and how to seal or clear those records. The Clean Slate Screener on this page is an automated service provided by Community Legal Services, a non-profit legal services organization. The mission of this service is to provide free information so that more Pennsylvanians can clear their records.
Student Rights: Suspension & Expulsion
Information from Pennsylvania Legal Aid Network, Inc. on student rights in suspension and expulsion proceedings.
Education Rights for Mentally Gifted Students
Consumer Legal Information Pamphlet from the Pennsylvania Bar Association. Gifted education is mandated under Pennsylvania law. The requirements is placed on public school districts to provide gifted students with specially designed instruction. The School Code permits, but does not require, parochial and private school students to participate in public-school gifted services. Charter and cyber schools are not required to provide gifted services. (September 2014)
Education Rights for Students with Disabilities
Consumer Legal Information Pamphlet from the Pennsylvania Bar Association. The federal Individuals with Disabilities in Education Act (IDEA) guarantees a free appropriate public education (FAPE) in the least restrictive environment (LRE) to all students with disabilities who qualify for special education services. Schools must provide individualized supports and services so that a child with a disability can make meaningful educational progress. (September 2014)
Rights in Suspension and Expulsion
Information on school suspensions and expulsions from the Erie County Bar Association. Under the current state of law, students who attend private schools have very little opportunity to contest their suspensions or expulsions. This page deals with the legal rights of students who attend public schools. In public schools, the school directors are obligated to define and publish the types of conduct that would lead to exclusion from school. An exclusion from school may take the form of either suspension or expulsion. (February 2019)
Rights of Gifted/Handicapped/Special Education Children
Information from the Erie County Bar Association on the rights of students who are gifted, handicapped or in a Special Education program. (April 2018)
School Attendance and Truancy
Information on compulsory school attendance from the Erie County Bar Association. Pennsylvania requires every child of mandatory school age to attend school. Mandatory school age begins when the child's parents or guardians choose to have the child begin school, which cannot be later than eight (8) years old until the age of seventeen (17) years old. It does not include any child who holds a certificate of graduation from a regularly accredited senior high school. (August 2018)
Know Your Rights: Pregnant and Breastfeeding Students in Pennsylvania
Information from the Women's Law Project on the rights of students who are pregnant, breastfeeding, producing breast milk or experiencing a related limitation. (March 2018)
Pregnancy Discrimination - Understanding Your Student Rights Related to Pregnancy and Breastfeeding
Laws prohibit discrimination in education on the basis of pregnancy and require schools to provide reasonable accommodations to allow students to continue their education and school-related activities while pregnant and following birth. The Women's Law Project provides information their rights for pregnant students and students who have recently had a baby.
2025-26 Back to School Guide for Pennsylvania Public School Students, Families, and Advocates
The Education Law Center-PA (ELC-PA) has updated its annual “Back to School Guide” with new publications and updated information on multiple education topics to help students, families, and child-serving professionals.
Back to School: How to Enroll Yourself as an Older Youth in School (Video)
The Education Law Center - Pennsylvania Provides this enrollment guide for older youth who are emancipated or living on their own. You have a legal right to go to school in Pennsylvania until the end of the school term in which you have your 21st birthday. (October 2009)
Back to School: Know your Enrollment Rights (Video)
The Education Law Center - Pennsylvania provides this basic guide to enrolling your child in a Pennsylvania public school. (October 2009)
Education Law Center
The Education Law Center is a non-profit legal advocacy and educational organization, dedicated to ensuring that all of Pennsylvania's children have access to a quality public education.
Request for Translation and Interpretation Services
Federal civil rights laws require schools to provide free language services for multilingual parents or caregivers whose first language is not English. This form and checklist includes questions the parent or caregiver can ask about the types of language services available and when the school can provide language services. By asking these questions, the parent or caregiver will learn about the process to request language services and the point of contact at the school responsible for providing interpretation and/or translation. This self-advocacy tool is available for general education in Spanish, Chinese, Arabic and Nepali. This self-advocacy tool is available for special education in Spanish, Chinese, Arabic and Nepali.
Rights of Multilingual & Culturally Diverse Families
Information from the Education Law Center - Pennsylvania. Overview of the rights of students receiving English language instruction (identified in laws as English learners or ELs) and parents or guardians whose first language is not English (identified in laws as limited English proficient or LEP). August 2024.
Right to Be Free from Bullying and Harassment
All students have the right to be free from bullying and harassment in school ‒ whether it is verbal, written, graphic, physical, or online. All forms of bullying and harassment are not permitted and require your school to investigate and intervene to ensure that the bullying and harassment does not continue. This fact sheet explains all students rights to be free from these types of abuse. (August 2024)
Sample Sworn Statement and Residency Affidavit For Students Living With Adults Who Are Not Their Parents, 24 P.S. §13-1302 [PDF]
If a child is living with you and you are not with their parent, they have the right to attend school where you live if certain conditions are met. Use this form to determine whether the child living with you is eligible to enroll in school where you reside. This form is an affidavit (sworn statement), which means that you are certifying that all information you put on the form is correct. NOTE: You can face legal penalties if you knowingly complete this form using false information to enroll a child into school.
Suspensions in PA
This fact sheet applies to all public schools, including charter schools, in Pennsylvania. If a school district or charter school seeks to suspend your child, There are important things you should know. A suspension is an exclusion from school for one to 10 school days in a row. Even a suspension for part of a day constitutes one day of suspension. A suspension may be imposed by a principal or other person in charge of a school. (August 2024)
The Rights of LGBTQ+ and Gender-Diverse Students
Discrimination against LGBTQ+ people is illegal. Courts have increasingly recognized the rights of students who identify as lesbian, gay, bisexual, transgender, or queer, as well as students who are nonbinary or gender-nonconforming (sometimes referred to as “gender-expansive”). Students who are LGBTQ+ or gender-expansive have the right to be their full, authentic selves and to be free from any bullying, stigma, or harassment in school. Under the law, schools have a duty to intervene and correct policies or practices that discriminate against students based on sexual orientation, gender identity, or gender expression. [PDF] (August 2025)
The Right to Special Education In Pennsylvania: A Guide for Parents and Advocates [PDF]
Children with disabilities can do great things in school and in life when they get the right supports and services. This Guide is meant to help you – the parent – learn how the system designed to educate children with disabilities (called special education) works in Pennsylvania and how you can make it work for your child. This Guide describes the legal rules for special education and early intervention programs in Pennsylvania for children from ages three until the student’s 22nd birthday. The rules discussed in this Guide apply to children who attend public schools in Pennsylvania, including charter schools. (2021)
Homeless Education - PA Department of Education
Information from the Pennsylvania Department of Education on homeless children's right to an education. Pennsylvania's Education for Children and Youth Experiencing Homelessness (Pennsylvania ECYEH) Program was established to make sure homeless youth have access to a free and appropriate public education while removing barriers that homeless children face. Its goal is to have the educational process continue as uninterrupted as possible while the children are in homeless situations.
Mediation (Special Education)
Even when parents and school officials try their best to reach agreement on a student’s special education program, disagreements can occur. If this happens, mediation, which is a free, voluntary, and confidential alternative to a formal due process hearing, is an option. Mediation can take place at any time before or during the due process cycle. Mediation is not a required process and may not delay or deny a parent the right to a due process hearing. Information on the Mediation process from the Office of Dispute Resolution (Special Education).
Children with Disabilities who are Bullied or Harassed at School
Information about what to do or where to find help when your child with disabilities is bullied at school. The Pennsylvania Department of Education’s Office for Safe Schools coordinates school safety and security programs, collection of the annual school violence statistics, coordination of antiviolence efforts, and development of policies and strategies to combat school violence.
Trans Youth Handbook
This Handbook was created to help you learn about your legal rights in different areas of your life. The information in this Handbook should not be considered legal advice. This Handbook provides legal information but does not attempt to apply that information to any specific situation. This guide was fully updated in September 2024 and partially updated in April 2025 to indicate areas where the law may be changing or uncertain.