Pennsylvania bowed to pressure from religious schools that are beneficiaries of public funding via tax credit programs and removed language from the state law that bars discrimination.

Should private schools that benefit from Pennsylvania’s tax credit programs adhere to the rules of the public system?

That debate often revolves around school accountability because the state does not require private schools to administer and publish the results of standardized tests.
But the question has also cropped up in recent weeks around an entirely different issue — employee discrimination.

In May, Governor Tom Wolf’s administration removed nondiscrimination language from guidelines governing private schools that receive money through state tax credits.

The removal came soon after a coalition of private schools and lawmakers complained the language violated state law, prompting administration officials to acknowledge that the clause was inserted by accident.

The eliminated language would have barred private schools that benefit from the Educational Improvement Tax Credit (EITC) and the Opportunity Scholarship Tax Credit (OSTC) from discriminating against their employees on the basis of “gender, creed, color, sexual orientation, gender identity or expression.”

The inclusion of “sexual orientation, gender identity or expression” irked several religiously-affiliated private schools around the state. One school, Dayspring Christian Academy in Lancaster County, called the language a “direct violation of our Christian conscience,” and encouraged parents to contact their legislators.

This skirmish highlights, for some, a lack of state oversight for religious and private schools that benefit from state policy. With some lawmakers pushing to create new avenues for private schools to receive state funds, that tension will likely grow.

Religious schools receiving public money through these programs will not be required to report standardized test scores and will be permitted to discriminate against students and staff on grounds that would not be permissible in public schools.

This is a terrible precedent. Where public money goes, so must public laws and accountability. Why should the public subsidize discrimination?

This will likely be a template for DeVos’s voucher plans at the federal level.