16 Pa. Code § 47.62

Current through Register Vol. 54, No. 45, November 9, 2024

Section 47.62 - Prior to admission

(a) Generally, it is not lawful for a school subject to the Pennsylvania Human Relations Act (43 P. S. §§ 951-963) and the Pennsylvania Fair Educational Opportunities Act (24 P. S. §§ 5001-5010) to ask questions of applicants, prior to admission, either orally or in writing, the answers to which may reveal the race, color, religious creed, ancestry or national origin of the applicants. However, where an educational institution is required to supply information to the Federal government concerning birth and citizenship of an applicant residing in a foreign country in order to expedite his entry into the United States, it shall be lawful to submit a questionnaire to the foreign applicant requesting the required information. The questionnaire shall be subject to the following:

(1) Clearly marked for the attention of the foreign student only.

(2) Not made part of or attached to the application-for-admission form commonly used by the educational institution.

(b) Lawful and unlawful inquiries directed to applicants shall include the following:

Subject	Lawful Preadmission Inquiries	Unlawful Preadmission Inquiries
Address or duration of residence:	Applicant's place of residence.
How long a resident of the state or city.
Age:	Requirement that applicant state age and submit proof in the form of a certificate of age issued by a school authority.	Requirement that applicant produce proof of age in the form of a birth certificate or baptismal record.
Birthplace of applicant.
Birthplace of applicant's parents, spouse or other close relatives.
Character:	Have you ever been arrested or convicted of any crime?
Do you regularly attend a house of worship: yes no ?
(This may only be asked in writing in the form above, and may not be asked orally)
Education:	Inquiry into the academic, vocational or professional education of applicant and the public and private schools he has attended.
Experience:	Inquiry into work experience.
Inquiry into countries applicant has visited.
Citizenship:	Are you a citizen of the United States?	Of what country are you a citizen?
If not a citizen of the United States, does applicant intend to become a citizen of the United States.	Whether applicant is a naturalized or native-born citizen; the date when the applicant acquired citizenship.
If not a United States citizen, have you the legal right to remain permanently in the United States? Do you intend to remain permanently in the United States?	Requirement that applicant produce his naturalization papers or first papers.
Whether applicant's parents or spouse are naturalized or native-born citizens of the United States; the date when parents or spouse acquired citizenship.
Military experience:	Inquiry into an applicant's military experience in the Armed Forces of the United States or in the State Militia. Inquiry into applicant's service in particular branch of United States Army, Navy and the like.	Inquiry into applicant's general military experience.
Name:	Maiden name of a married woman applicant.	Original name of an applicant whose name has been changed by court order or otherwise.
National origin:	Inquiry into languages applicant speaks and writes fluently.	Inquiry into language commonly used by applicant.
What foreign language do you read fluently? write fluently? speak fluently?
Inquiry into how applicant acquired ability to read, write or speak English.	Inquiry into applicant's
a. Lineage
b. Ancestry
c. National Origin
d. Descent
e. Parentage
f. Nationality
Nationality of applicant's parents or spouse.
What is your mother tongue?
Notice in case of emergency:	Name and address of person to be notified in case of accident or emergency.	Name and address of nearest relative to be notified in case of accident or emergency.
Organizations:	List all organizations of which you are a member, omitting any group which may reveal your race, religion or nationality.	List all clubs, societies and lodges to which you belong.
Photograph:	If admitted as a student, you will be required to submit a photograph.	Requirement that an applicant affix a photograph to the application- for-admission form.
Request an applicant, at his option, to submit his photograph.
Requirement for photograph after interview but before admission.
Race or creed:	Color of applicant's eyes and hair.	Complexion or color of skin.
References:	Requirement of the submission of a religious reference.
Relatives:	Do you live with your parents? If not, with whom do you live? What family have you?	Blanket request for names and addresses of relatives.
Names of any relatives who have attended this institution.
Names of applicant's guardian, parents, spouse, or minor children.
Religion or creed:	Inquiry into applicant's religious denomination, religious affiliations, church, parish, pastor or religious holidays observed.

16 Pa. Code § 47.62