PRINTER'S NO. 2529
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1997
Session of
2024
INTRODUCED BY GUENST, HOHENSTEIN, SMITH-WADE-EL, TAKAC, KHAN,
HILL-EVANS, MADDEN, BOROWSKI, SCHLOSSBERG, SANCHEZ, STURLA,
OTTEN, DELLOSO, BRIGGS, FIEDLER, WEBSTER, T. DAVIS, McNEILL,
BOYD, KRAJEWSKI, CERRATO AND WAXMAN, JANUARY 31, 2024
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 31, 2024
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in preliminary provisions, providing
for nondiscrimination awareness and prevention policy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 130. Nondiscrimination Awareness and Prevention
Policy.--(a) Beginning with the 2024-2025 school year, a school
entity shall adopt a nondiscrimination awareness and prevention
policy consistent with subsection (c), inform the employes of
the school entity and parents and legal guardians of students
enrolled in the school entity of the policy and post the policy
on the school entity's publicly accessible Internet website. The
policy adopted by a school entity under this subsection may be
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based upon the model policy developed by the department under
subsection (b)(1).
(b) The department shall:
(1) In consultation with professional organizations
operating in this Commonwealth that serve diverse populations
including individuals with disabilities, communities of color
and LGBTQ+ individuals, develop a model nondiscrimination
awareness and prevention policy that is consistent with
subsection (c).
(2) Identify awareness and prevention educational materials
and make the materials available to school entities and, upon
request, to nonpublic schools. A school entity may incorporate
the materials into the school entity's discrimination awareness
and prevention policy.
(c) The model policy developed by the department under
subsection (b)(1) and any policy adopted by a school entity
under subsection (a) shall include:
(1) A statement that students and school employes will not
be discriminated against or harassed based on their actual or
perceived race, color, sex, religion, national origin, gender
identity or expression, sexual orientation or disability.
(2) A statement that expression of transgender or nonbinary
identity or any other form of gender nonconforming behavior is a
healthy, appropriate and typical aspect of human development.
(3) A statement that a gender nonconforming student or
school employe should never be asked, encouraged or required to
affirm a gender identity or to express the student's gender in a
manner that is not consistent with the student's self-
identification or expression.
(4) A statement that discrimination, harassment and
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intimidation include conduct that is directed at a student or
school employe based on a student or school employe's actual or
perceived characteristics and includes conduct that targets a
student or school employe because of a characteristic of a
friend, family member or other person or group with whom a
student or school employe associates.
(5) Methods of prevention, including procedures for early
identification and referral of students at risk of
discrimination, harassment and intimidation.
(6) Methods of intervention, including procedures that
establish and maintain a behavior threat assessment process
based on an appraisal of behaviors and provide appropriate
preventive or corrective measures to maintain safe and secure
school environments and workplaces.
(7) Methods of responding to a student or school employe's
discrimination or harassment incident or report based on a
student or school employe's actual or perceived characteristics.
(8) Reporting procedures and school safety measures that do
not reinforce biases against or rely on the profiling of
students based on their actual or perceived characteristics.
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Gender identity or expression." An individual's gender-
related identity, appearance, mannerisms, expression or other
gender-related characteristics, regardless of the individual's
designated or perceived sex.
"Gender nonconforming." As follows:
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(1) An adjective used to describe or refer to an individual:
(i) whose gender expression differs from conventional or
stereotypical expectations, such as "feminine" for a boy or
"masculine" for a girl;
(ii) whose gender expression may be androgynous; or
(iii) who identifies outside traditional gender categories
or identifies as two or more genders.
(2) The term includes a similar adjective, such as "gender
diverse" or "gender expansive."
"LGBTQ+ individual." An individual who is or identifies as
lesbian, gay, bisexual, transgender, queer, asexual, intersex or
other similar characteristic.
"Nonbinary." A term used to describe an individual who does
not identify solely or at all as either male or female. The term
includes transgender.
"Nonpublic school." A nonprofit school, other than a school
entity, in which a resident of this Commonwealth may legally
fulfill the compulsory school attendance requirements of this
act and which meets the requirements of Title VI of the Civil
Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
"School entity." A school district, joint school district,
charter school, regional charter school, cyber charter school,
intermediate unit or area career and technical school.
"Transgender." An adjective describing an individual whose
gender identity or expression is different from that
traditionally associated with the individual's sex assigned at
birth.
Section 2. This act shall take effect in 60 days.
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