PRINTER'S NO. 2589
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2024
Session of
2024
INTRODUCED BY SMITH-WADE-EL, HOHENSTEIN, GUENST, TAKAC, KHAN,
HILL-EVANS, MADDEN, BOROWSKI, SCHLOSSBERG, SANCHEZ, STURLA,
OTTEN, DELLOSO, BRIGGS, FIEDLER, WEBSTER, T. DAVIS,
KRAJEWSKI, CERRATO, WAXMAN AND GREEN, FEBRUARY 9, 2024
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 9, 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 duties and powers of boards of
school directors, further providing for school athletics,
publications, and organizations; in grounds and buildings,
further providing for water-closets or out-houses and
providing for bathroom and athletic facilities for
transgender students; and, in school health services, further
providing for examinations of school buildings and grounds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 511(a) and 740 of the act of March 10,
1949 (P.L.30, No.14), known as the Public School Code of 1949,
are amended to read:
Section 511. School Athletics, Publications, and
Organizations.--
(a) The board of school directors in every school district
shall prescribe, adopt, and enforce such reasonable rules and
regulations as it may deem proper, regarding (1) the management,
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supervision, control, or prohibition of exercises, athletics, or
games of any kind, school publications, debating, forensic,
dramatic, musical, and other activities related to the school
program, including raising and disbursing funds for any or all
of such purposes and for scholarships, and (2) the organization,
management, supervision, control, financing, or prohibition of
organizations, clubs, societies and groups of the members of any
class or school, and may provide for the suspension, dismissal,
or other reasonable penalty in the case of any appointee,
professional or other employe, or pupil who violates any of
[such] the rules or regulations. The rules and regulations shall
allow a student to participate in school athletics consistent
with the gender identity of the student.
* * *
Section 740. [Water-closets or Out-houses.--The board of
school directors in every] Bathrooms.--(a) Except as provided
in subsection (c), the board of school directors in a school
district shall, with every building used for school purposes,
provide and maintain in a proper manner, a suitable number of
[water-closets or out-houses] bathrooms, not less than two for
each building, where both sexes are in attendance. [Such water-
closets or out-houses] The bathrooms shall be suitably
constructed for, and used separately by, the sexes. When [any
water-closets or out-houses] bathrooms are outside and detached
from the school building, the entrances thereto shall be
properly screened, and they shall, unless constructed at a
remote distance from each other, have separate means of access
thereto, and, if possible, for not less than twenty-five (25)
feet from [such water-closets or out-houses] the bathrooms, such
means of access or walks leading [thereto] to them shall be
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separated by a closed partition, wall, or fence, not less than
seven (7) feet high.
(b) The board of school directors shall keep all [water-
closets or out-houses] bathrooms, used in connection with [any]
a school building, in a clean and sanitary condition, and shall,
not less than ten (10) days prior to the opening of [any] a term
of school, and [oftener] more often if necessary, have them
properly cleaned and disinfected by the use of fresh-dry-slacked
lime, or other proper disinfecting materials.
(c) Beginning in the 2024-2025 school year, and every school
year thereafter, the board of school directors in a school
district shall ensure that each newly constructed or renovated
school building used for school purposes provides for a suitable
number of bathrooms, not less than three (3) for the building,
including at least one (1) gender-neutral bathroom. In a school
building used for school purposes with more than three (3)
bathrooms, there shall be at least one (1) gender-neutral
bathroom for every two (2) single-gender bathrooms.
Section 2. The act is amended by adding a section to read:
Section 743. Bathroom and Athletic Facilities for
Transgender Students.--The board of school directors in a
district shall adopt, administer and enforce a policy that
allows a student to use all bathrooms and athletic facilities,
as defined in section 1602-C, in the district consistent with
the gender identity of the student.
Section 3. Section 1420 of the act is amended to read:
Section 1420. Examinations of School Buildings and
Grounds.--The Secretary of Health shall employ sanitarians or
request local health authorities to assign a sanitarian to make
a careful examination of all [privies, water-closets, urinals]
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bathrooms, cellars, the water-supply and drinking-vessels and
utensils and sewage and refuse disposal systems, lighting,
heating and ventilating systems, and such additional
examinations of the sanitary conditions of the school buildings
and grounds as the regulations of the Secretary of Health may
require.
Section 4. This act shall take effect immediately.
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