Section 8.2. Restriction on Commission Authority Over Pupil School Assignment.--(a) It is the finding of the General Assembly that the neighborhood school is the cornerstone of Pennsylvania's education policy on the assignment of pupils to public schools and that the assignment of pupils to public schools is a matter that falls within the special competence and expertise of education authorities, and it is the policy of the General Assembly that this act shall not interfere with the neighborhood school system or with the authority of education officials to provide for the assignment of pupils to public schools unless such assignment is necessary to remedy a violation of the Equal Protection Clause of the 14th Amendment to the Constitution of the United States.
(b) Neither the Pennsylvania Human Relations Commission nor any local human relations commission nor any court, as part of its review of any commission or local commission action or any complaint filed pursuant to this act, shall impose upon the Commonwealth, any school district or other school entity, or any governing body, officer or employe of any of the foregoing, any requirement that pupils be assigned to attend any public school other than the school of appropriate grade level that the pupil qualifies to attend closest to the student's home and shall not impose any other obligation or responsibility with respect to pupil school assignment or pupil transportation related to pupil assignment unless:
(1) imposing that requirement, obligation or responsibility upon such party is necessary to remedy a specific violation by such party that would also constitute a violation of the Equal Protection Clause of the 14th Amendment to the Constitution of the United States; and
(2) a court would be permitted under decisional law to impose that requirement, obligation or responsibility upon such party to remedy the specific violation of the Equal Protection Clause of the 14th Amendment to the Constitution of the United States.
(c) Nothing in this section shall prohibit a school district from voluntarily continuing or commencing a school integration plan within its territorial jurisdiction or from assigning pupils for any appropriate reason within the scope of its authority under the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949," or the act of August 9, 1963 (P.L.643, No.341), known as the "First Class City Public Education Home Rule Act," including, but not limited to, the assignment of pupils who request English as a second language to a school other than the school closest to the pupil's home, if such instruction is unavailable at the closest school.
(8.2 added July 12, 1996, P.L.684, No.117)
Compiler's Note: Section 3 of Act 117 of 1996, which added section 8.2, provided that section 8.2 shall not diminish or enlarge any powers or duties conferred by the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or the act of August 19, 1963 (P.L.643, No.341), known as the First Class City Public Education Home Rule Act.
Section 4 of Act 117 of 1996 provided that section 8.2 shall apply to all matters pending before the Pennsylvania Human Relations Commission or before any court on the effective date of Act 117.