This article was originally published in The Notebook. In August 2020, The Notebook became Chalkbeat Philadelphia.
The Pennsylvania Commonwealth Court heard arguments Tuesday in a case that could set state precedent, holding school districts liable for ongoing student-on-student harassment.
The first hurdle that plaintiffs must clear is related to the statute of limitations in the state’s anti-discrimination law.
The Pennsylvania Human Relations Act protects people from being discriminated against for things such as race, gender, religion, and sexual orientation. But the statute of limitations to file a harassment complaint is six months.
In the case heard Tuesday, the plaintiff says he was bullied and then sexually assaulted by his elementary school classmates for being gender non-conforming, but he waited three years before filing a complaint.