Your feedback ensures we stay focused on the facts that matter to you most—take our survey.
School board authority in Pennsylvania
| Education Policy | |
|---|---|
| |
| Education policy topics | |
| • Overview of trends in K-12 curricula development • Impact of school choice on rural school districts • Local school board authority across the 50 states • State policies on cellphone use in K-12 public schools • School choice in the United States • School choice glossary
| |
| Other policy areas | |
| Click here for coverage of other policy areas on Ballotpedia |
Pennsylvania state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Pennsylvania law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions or state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases, enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Pennsylvania law on school boards' authority over district policy
- Constraints on Pennsylvania school boards' authority, including on the following topics:
- Teacher collective bargaining agreements
- Parents' Bill of Rights
- How does Pennsylvania compare to other states?
- Noteworthy news and events
School board authority over district policy in Pennsylvania
Enabling or authorizing statute for the boards of school districts in Pennsylvania
- See also: Enabling statute
Pennsylvania Statute Title 24, section 2-211, creates school districts and gives them authority to operate according to state law:[1]
|
Pennsylvania Statute Title 24, section 3-301, establishes boards of school directors to administer the public school system in Pennsylvania:[3]
|
Powers and duties of school boards
The powers and duties provided to school districts and their school boards by state law vary widely across the 50 states. Beyond the enabling legislation, some state laws provide school boards with a list of specific duties and powers, some give school boards general authority to create policies, while others authorize school boards to carry out the education code passed by the state legislature.
Pennsylvania public school boards of directors are given broad authority over the administration of public schools in the Commonwealth in the enabling legislation. The code expands on the authority boards have over district policy in Title 24 P.S. Education § 5-510:[4]
|
Constraints on Pennsylvania school boards' authority
This section tracks constraints on school boards specific to Pennsylvania as of September 2024. It features constraints on school boards' authority by topic, through collective bargaining agreements, and through Parents' Bills of Rights.
Constraint on Pennsylvania school boards' authority by topic
This section features constraints on school boards' authority on policies related to the following topics:
Curriculum requirements
The Commonwealth of Pennsylvania requires the following specific topics to be included in each district's curriculum:[5]
- Instruction about 9/11
- Phonemic awareness, phonological awareness, fluency, vocabulary and comprehension, and developmental writing (elementary school)
- Skills that affect personal, family, and community health and safety, nutrition, the prevention of alcohol, chemical, and tobacco abuse
- Knowledge and practice of lifetime physical activities, personal fitness, basic movement skills and concepts, motor skill development, principles and strategies of movement, and safety practices in physical activity settings
- History of the United States, History of the Commonwealth, Geography, Civics, Family, and consumer science, including principles of consumer behavior and basic knowledge of child health, child care, and early literacy skill development,
- Instruction regarding prevention of human immunodeficiency virus (HIV) infection/acquired immunodeficiency syndrome (AIDS) and other life-threatening and communicable diseases.
Curriculum restrictions
Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.
Book bans, removals, and restrictions
Pennsylvania school boards have the authority to collaborate with the district superintendent to dictate district curriculum, which can include removing books as long as the board complies with existing state and federal law, according to the Education Law Center.[7]
Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[8][9][10]
Parental notification
Ballotpedia could not identify any parental notification requirements in Pennsylvania statutes, regulations, case law, or collective bargaining agreements.
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[12]
Discipline
Pennsylvania is one of 47 states that gives school boards authority over district disciplinary policy.
The text of Pennsylvania Statutes Title 24 § 5-510 is as follows:[13]
|
School board elections
- See also: Rules governing school board election dates and timing in Pennsylvania, How does Pennsylvania compare to other states on school board authority over election timing?
Pennsylvania is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Pennsylvania.
Public school choice and open enrollment
- See also: School choice in Pennsylvania
Pennsylvania did not have a state-wide public school choice program, as of September 2024, though school boards did have authority to permit pupils to attend schools in other districts for any reason, according to Pa. Statutes Title 24 Education § 13-1313:[15]
|
Charter schools
- See also: Charter schools in Pennsylvania, How does Pennsylvania compare to other states on school board authority over charter schools?
Pennsylvania is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
According to Pennsylvania Statutes § 17-1717-A, school district boards receive charter school applications and are required to hold a public hearing before issuing a final decision.[16]
|
Cellphone bans
Pennsylvania is one of 16 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms. However, Pennsylvania operates a grant program to incentivize limiting cellphone use in the classroom. Governor Josh Shapiro (D) signed Senate Bill 700 into law on July 11, 2024, which created a grant program to provide school districts with money to purchase lockable smartphone bags. Entities that apply for this funding are required to implement a policy banning cellphone use in schools.[17]
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[18][19]
Pennsylvania school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority.
For example, though school boards in Pennsylvania have statutory authority to create curriculum, the collective bargaining agreement between the Aliquippa School District and the Aliquippa Education Association requires the district to engage teachers for feedback before implementing new curriculum:[20]
|
Parents' Bill of Rights
Pennsylvania is one of 24 states that does not have a statewide Parents' Bill of Rights.
However, the U.S. District Court for the Western District of Pennsylvania ruled in a September 30, 2024, decision in Tatel v. Mt. Lebanon School District that parents had the fundamental right to direct the education of their children, including notification of certain instructional topics and the opportunity to opt their child out of it.[21]
How does Pennsylvania compare to other states?
This section compares Pennsylvania's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[22]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Pennsylvania Education Department rescinds teacher training program (2024): The Pennsylvania Department of Education (PDE) agreed to rescind its Culturally Relevant and Sustaining Education Program on November 13, 2024, after it was challenged in 2023 by parents, teachers, school board members, and three school districts in the Pennsylvania Commonwealth Court. The Department of Education agreed to rescind the program in a mediated settlement. The program was part of a teacher preparation and professional development program that included training on recognizing biases and microaggressions, as well as facilitating culturally responsive classrooms and lessons. The plaintiffs claimed the program undermined local districts' control over curriculum and violated teachers' First Amendment rights, among other allegations. PDE issued new teacher training guidances on November 15, 2024, that department officials said would assist educators in creating an inclusive learning environment for all K-12 students.[23]
- Pennridge School District eliminates newly approved social studies curriculum (2024): Pennridge School District in Pennsylvania voted 6-3 on January 22, 2024, to eliminate the curriculum changes adopted by the previous school board in August 2023. The new school board members elected in November 2023 campaigned on the promise of eliminating the new curriculum and ending the relationship between the school district and the education consulting firm Vermillion Education. Vermilion Education is a small business aimed at “secur[ing] a transparent and ideology-free education for all students,” according to their website. Parents argued at the August 2023 school board meeting against the content of the curriculum and one board member argued against adopting “curriculum written by an outsider with no experience in public education,” according to Patch. The previous social studies curriculum once again became effective beginning with the class of 2028.[24][25][26][27]
- Philadelphia School District introduces new language arts curriculum (2024): The Philadelphia School District in Pennsylvania introduced a new K-12 language arts curriculum for the 2024-2025 school year. The change is part of a $70 million curriculum overhaul, which also included a new math curriculum in the 2023-2024 school year. The new curriculum emphasizes skill building for kindergarten through eighth-grade students and focuses on literature for high school students.[28]
- Coalition of attorneys general files amicus brief in support of incorporating LGBTQ+ books in curriculum (2023): A coalition of 19 attorneys general filed an amicus brief on October 31, 2023, in support of Maryland's Montgomery County Board of Education’s policy to allow LGBTQ+ books to be incorporated into the curriculum. Montgomery County Public Schools faced legal challenges from a group of parents after implementing a policy in the 2022-2023 school year to incorporate LGBTQ+ books into their curriculum. The coalition included attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.[29]
- Pennsylvania launches Disability Inclusive Curriculum Pilot Program (2023): The Pennsylvania Department of Education announced on August 11, 2023, that ten schools were selected to launch the Disability Inclusive Curriculum Pilot Program. The program aimed to implement curricula for “K-12 students on the political, economic, and social contributions of individuals with disabilities,” according to a press release. The pilot program began in the 2023-2024 school year and was set to run for three years. The pilot program included up to $10,000 in state funding for participating schools each year to implement the curriculum.[30][31]
- Pennsylvania State Senate passes bill requiring online curriculum availability (2023): The Pennsylvania State Senate passed SB 340 on October 25, 2023, with a vote of 28-22, which proposed requiring online availability of public school curricula and requiring schools to post updates online within 30 days of altering any textbooks, instructional materials, or state content standards. Following the vote, the bill moved to the state House of Representatives for consideration.[32]
- Pennsylvania state senators introduce legislation to require AAPI curriculum (2023): Pennsylvania State Senators Maria Collett (D) and Nikil Saval (D) introduced a bill in the 2023-2024 legislative session to incorporate Asian-American and Pacific Islander (AAPI) history curriculum in Pennsylvania public schools. State Rep. Patty Kim (D) introduced a companion bill in the state House of Representatives.[33][34]
- Pennsylvania lawmaker announces legislation aiming to notify parents of sexually explicit school curriculum (2022): Pennsylvania state Senator Ryan Aument (R) on March 31, 2022, announced his intent to file legislation to require schools to identify sexually explicit content in student curriculum and notify parents when such content is featured in classroom instruction.[35] Aument issued a statement claiming that parents in his district had contacted him to express concerns about sexually explicit content in school curriculum and a lack of response to the issue from school administrators. The bill aimed to allow parents to review curriculum and classroom materials that feature sexually explicit content and to opt their children out of such coursework in favor of alternative, non-sexually explicit instruction.[35] Aument introduced SB 1277 in the Pennsylvania State Senate, where it passed on June 29, 2022, in a 30-20 vote. The Pennsylvania House of Representatives had not voted on the bill by the end of the 2021-2022 legislative session.[36]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
- Ballotpedia:Index of Contents
- Support our work
Footnotes
- ↑ Findlaw.com, "Pennsylvania Statutes Title 24 P.S. Education § 2-211. General powers of districts," September 13, 2024
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Pennsylvania State Legislature, "SC Code § 59-19-90 (2023)," September 18, 2024
- ↑ Findlaw.com, "Pennsylvania Statutes Title 24 P.S. Education § 5-510. Rules and regulations; safety patrols," September 13, 2024
- ↑ PA Code and Bulletin, "Chapter 4. Academic Standards and Assessment," September 13, 2024
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Findlaw.com, "Pennsylvania Statutes Title 24 P.S. Education § 5-510. Rules and regulations; safety patrols," September 16, 2024
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Findlaw.com, "Pennsylvania Statutes Title 24 P.S. Education § 13-1313. Attendance in other districts," September 16, 2024
- ↑ FindLaw.com, "Pennsylvania Statutes Title 24 P.S. Education § 17-1717-A. Establishment of charter school," October 18, 2024
- ↑ Pennsylvania Legislature, "Senate Bill No. 7," October 11, 2024
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ Americans For Fair Treatment, "Articles of Agreement Between the Aliquippa School District and the Aliquippa Education Association July 1, 2018 - June 30, 2024," September 17, 2024
- ↑ Alliance Defending Freedom, "Pennsylvania court rules to protect parents' fundamental rights," accessed February 7, 2025
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ Pittsburgh Post-Gazette, "Pennsylvania rolling back cultural competency standards for teachers following lawsuit," November 22, 2024
- ↑ North Penn Now, "New Pennridge School Board Reverses Controversial Curriculum Changes, Approves Block Scheduling," January 24, 2024
- ↑ NBC10 Philadelphia, "Bucks County school district approves controversial curriculum plan," August 29, 2023
- ↑ Patch, "Controversial Curriculum Plan Approved BY Pennridge School Board," August 30, 2023
- ↑ Vermilion Education, "Vermilion Education," accessed September 1, 2023
- ↑ KYW Newsradio, "Philly School District to introduce new English language arts curriculum as part of $70M overhaul," August 15, 2024
- ↑ Rob Bonta Attorney General, "Attorney General Bonta Joins Multistate Coalition in Effort to Support Curriculum Inclusivity for Transgender Students," October 31, 2023
- ↑ Pennsylvania Pressroom, "Shapiro Administration Awards Disability Inclusive Curriculum Grant Funding To 10 Schools," August 11, 2023
- ↑ WITF, "New state-wide curriculum pilot program celebrates those with disabilities," December 14, 2023
- ↑ Tri-State Alert, "Mastriano's school curriculum transparency bill passes PA Senate," October 25, 2023
- ↑ Pennsylvania Senate Democrats, "Senators Collett & Saval Introduce AAPI-Inclusive Curriculum Bill to Fight Anti-Asian Hate," September 7, 2023
- ↑ 6ABC Action News, "Two local state senators introduce legislation for AAPI curriculum to fight anti-Asian hate," October 3, 2023
- ↑ 35.0 35.1 Pennsylvania State Senate, "Memorandum," March 31, 2022
- ↑ Pennsylvania General Assembly, "Senate Bill 1277; Regular Session 2021-2022
