PRINTER'S NO. 3584
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2546
Session of
2024
INTRODUCED BY M. MACKENZIE, R. MACKENZIE, GILLEN, HAMM, HEFFLEY,
M. JONES, KAUFFMAN AND ZIMMERMAN, SEPTEMBER 6, 2024
REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 6, 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 miscellaneous provisions relating
to institutions of higher education, providing for
prohibitions regarding ideological oaths or statements, for
prohibition on diversity, equity and inclusion offices and
employees, for statements required to be included in mission
statement, bylaws, faculty handbook and student handbook, for
certain mandatory training prohibited, for revoking tenure
diversity, equality and inclusion violations and for spending
prohibited.
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 sections
to read:
Section 2004-I. Prohibitions regarding ideological oaths or
statements.
(a) Purpose.--The purpose of this section is to prohibit
public institutions of higher education from requiring or giving
preferential consideration for ideological oaths or statements
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that undermine academic freedom and open inquiry and impede the
discovery, preservation and transmission of knowledge.
(b) Prohibitions regarding ideological oaths or
statements.--
(1) A public institution of higher education may not
compel, require, induce or solicit a student enrolled at the
institution, an employee or contractor of the institution or
an applicant for admission to or employment or contracting at
the institution to:
(i) Endorse an ideology that promotes the
differential treatment of an individual or group of
individuals based on race, color or ethnicity.
(ii) Provide a statement of the person's:
(A) Race, color, ethnicity or national origin,
except to record any necessary demographic
information.
(B) Views on, experience with or past or planned
contributions to efforts involving diversity, equity
and inclusion, marginalized groups, antiracism,
social justice, intersectionality or related
concepts.
(C) Views on or experience with race, color,
ethnicity, national origin or other immutable
characteristics.
(iii) Provide preferential consideration to a
student enrolled at the institution, an employee or
contractor of the institution or an applicant for
admission to or employment or contracting at the
institution on the basis of the person's unsolicited
statement in support of an ideology described by
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subparagraph (i).
(2) This section may not be construed to:
(i) Restrict academic research or coursework.
(ii) Prevent a person from providing to a public
institution of higher education information described by
paragraph (1) on the person's own initiative separate
from any specific requirement or request from the
institution.
(iii) Prevent a public institution of higher
education from requiring an applicant for admission to or
employment or contracting at the institution to:
(A) Disclose or discuss the content of the
applicant's research or artistic creations.
(B) Certify compliance with Federal and State
antidiscrimination law.
(C) Discuss pedagogical approaches or experience
with students with learning disabilities.
(c) Reporting.--Beginning December 1, 2024, and not later
than December 1 of each year thereafter, each public institution
of higher education shall submit to the department, President
pro tempore of the Senate and the Speaker of the House of
Representatives a report certifying the institution's compliance
with this section.
(d) Definitions.--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.
"Public institution of higher education." Includes the
following:
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(1) A community college operating under Article XIX-A.
(2) A university within the State System of Higher
Education.
(3) The Pennsylvania State University, the University of
Pittsburgh, Temple University, Lincoln University or any
other institution designated as State-related by the
Commonwealth.
(4) The Thaddeus Stevens College of Technology.
(5) A college established under Article XIX-G.
"Training."
(1) The term includes a seminar, discussion group,
workshop or other instructional program, whether provided in
person, online or by any other means, with a purpose of
advising, counseling, influencing or teaching participants.
(2) The term does not include an:
(i) academic course offered for credit; or
(ii) activity of a student organization registered
with or recognized by a public institution of higher
education that affects only the student organization's
members.
Section 2005-I. Prohibition on diversity, equity and inclusion
offices and employees.
(a) Prohibition on diversity, equality and inclusion
offices.--A public institution of higher education may not
establish or maintain a diversity, equity and inclusion office
or hire or assign an employee of the institution, or contract
with a third party, to perform the duties of a diversity, equity
and inclusion office.
(b) Construction.--Subsection (a) shall not be construed to
restrict any of the following:
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(1) Academic course instruction.
(2) Research or creative works by a public institution
of higher education's students or faculty.
(3) Activities of student organizations registered with
or recognized by a public institution of higher education.
(4) Guest speakers or performers who may be invited to
speak or perform at a public institution of higher education
for short-term engagements.
(5) Health services provided by licensed professionals
at a public institution of higher education.
(6) Services provided by appropriate professionals at a
public institution of higher education to veterans of the
armed forces of the United States or persons with a physical
or cognitive disability.
(7) A public institution of higher education's ability
to:
(i) Respond to a request for information from a
grant making agency or athletic association.
(ii) Collect data.
(iii) Prohibit a public institution of higher
education from:
(A) establishing or maintaining a legal office
or other unit, hiring or assigning an employee who is
an attorney or contracting with a third-party
attorney or law firm to ensure the institution's
compliance with any applicable court order or Federal
or State law;
(B) establishing or maintaining an academic
department that does not establish policy or
procedures for other departments; or
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(C) registering or recognizing student
organizations at the institution.
(c) Prohibition.--Nothing in this section shall be construed
as prohibiting bona fide qualifications based on sex that are
reasonably necessary to the normal operation of a public
institution of higher education.
(d) Notification of Attorney General.--A person may notify
the Attorney General of a violation or potential violation of
this section by a public institution of higher education. The
Attorney General may file suit for a writ of mandamus compelling
the institution to comply with this section.
(e) Employee violations.--If a public institution of higher
education determines that an employee of the institution has
violated this section, the institution shall:
(1) Take the following action against the employee:
(i) for the first violation, place the employee on
unpaid leave for the next academic year; or
(ii) for the second or a subsequent violation,
discharge the employee.
(2) Report the determination and the action taken by the
institution to the department.
(f) Records.--The department shall maintain and provide to
each public institution of higher education a list of persons
against whom action has been taken under subsection (e).
(g) Hiring.--A public institution of higher education may
not hire an employee who is included on the department's list
maintained under subsection (f) before:
(1) if the employee was placed on unpaid leave under
subsection (e)(1)(i), the end of the academic year for which
the employee is placed on unpaid leave; or
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(2) if the employee was discharged under subsection (e)
(1)(ii), the fifth anniversary of the date on which the
employee was discharged.
(h) Institution violations.--If the department determines
that a public institution of higher education has violated this
section, the department shall assess an administrative penalty
against the institution in an amount equal to the lesser of
$1,000,000 or 1% of the amount of the institution's operating
expenses budgeted for the State fiscal year preceding the State
fiscal year in which the violation occurred.
(i) Penalty.--An administrative penalty collected under
subsection (h) may only be appropriated to a public institution
of higher education that the department has not determined to
have violated this section during the two State fiscal years
preceding the State fiscal year for which the appropriation is
made.
(j) Definitions.--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.
"Diversity, equity and inclusion office." An office,
division or other unit of an institution of higher education
established for the purpose of any of the following:
(1) Influencing hiring or employment practices at the
institution with respect to race, sex, color or ethnicity,
other than through the use of color-blind and sex-neutral
hiring processes in accordance with any applicable State and
Federal antidiscrimination laws.
(2) Promoting differential treatment of or providing
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special benefits to individuals on the basis of race, color
or ethnicity.
(3) Promoting policies or procedures designed or
implemented in reference to race, color or ethnicity, other
than policies or procedures approved in writing by the
institution's General Counsel and the Office of the Attorney
General for the sole purpose of ensuring compliance with any
applicable court order or Federal or State law.
(4) Conducting trainings, programs or activities
designed or implemented in reference to race, color,
ethnicity, gender identity or sexual orientation, other than
trainings, programs or activities developed by an attorney
and approved in writing by the institution's General Counsel
and the Office of Attorney General for the sole purpose of
ensuring compliance with any applicable court order or
Federal or State law.
"Pu blic institution of higher education."
(1) A community college operating under Article XIX-A.
(2) A university within the State System of Higher
Education.
(3) The Pennsylvania State University, the University of
Pittsburgh, Temple University, Lincoln University or any
other institution designated as State-related by the
Commonwealth.
(4) The Thaddeus Stevens College of Technology.
(5) A college established under Article XIX-G.
Section 2006-I. Statements required to be included in mission
statement, bylaws, faculty handbook and student
handbook.
(a) Institutional mission statements.--Each public
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institution of higher education shall adopt an institutional
mission statement that includes, or incorporates into the
institution's institutional mission statement if the institution
has already adopted an institutional mission statement, the
following statements in whole and without interruption:
(1) "We affirm that (name of institution) will educate
students by means of free, open and rigorous intellectual
inquiry to seek the truth."
(2) "We affirm our duty to equip students with the
intellectual skills they need to reach their own informed
conclusions on matters of social and political importance."
(3) "We affirm the value of viewpoint diversity in
campus intellectual life, including in faculty recruitment
and hiring."
(4) "We affirm our duty to ensure that no aspects of
(name of institution) life, in or outside the classroom,
require, favor, disfavor or prohibit speech or action that
supports any political, social or religious belief."
(5) "We affirm our commitment to create a community
dedicated to civil and free inquiry that respects the
intellectual freedom of each member, supports individual
capacities for growth and tolerates the differences in
opinion that naturally occur in a public university
community."
(6) "We affirm the value of institutional neutrality:
that public institutions of higher education should not take
collective positions on political and social controversies of
the day."
(7) "These values take priority over any other value we
may also adopt."
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(b) Institutional bylaws.--Each public institution of higher
education shall incorporate into the institution's bylaws,
faculty handbook and student handbook the substance of the
following reports issued by the University of Chicago:
(1) The Report of the Committee on Freedom of
Expression.
(2) The Kalven Committee Report on the University's Role
in Political and Social Action.
(c) Definitions.--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.
"Public institution of higher education."
(1) A community college operating under Article XIX-A.
(2) A university within the State System of Higher
Education.
(3) The Pennsylvania State University, the University of
Pittsburgh, Temple University, Lincoln University or any
other institution designated as State-related by the
Commonwealth.
(4) The Thaddeus Stevens College of Technology.
(5) A college established under Article XIX-G.
Section 2007-I. Certain mandatory training prohibited.
(a) Prohibition of diversity, equity and inclusion
training.--A public institution of higher education may not
require a student, employee or applicant for employment at the
institution to participate in training on diversity, equity,
inclusion, bias, oppression, gender identity or related concepts
as a condition of:
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(1) Admission to or enrollment at the institution.
(2) Employment or promotion at the institution.
(3) Participating in any function of the institution.
(4) Graduating from the institution.
(b) Limitation.--Subsection (a) may not be construed to:
(1) limit the academic freedom of any individual faculty
member to direct the instruction of a course taught by the
faculty member; or
(2) prohibit any training:
(i) Developed by an attorney and approved in writing
by the institution's General Counsel and the Office of
Attorney General as being required to comply with any
applicable court order or Federal or State law.
(ii) For which the materials are made publicly
available on the public institution of higher education's
Internet website.
(c) Violation notification.--A person may notify the
Attorney General of a violation or potential violation of this
section by a public institution of higher education. The
Attorney General may file suit for a writ of mandamus compelling
the institution to comply with this section.
(d) Student and employee recourse.--A student or employee of
a public institution of higher education who is required to
participate in training in violation of this section may bring
an action against the institution for injunctive or declaratory
relief.
(e) Institution response to violation.--If a public
institution of higher education determines that an employee of
the institution has violated this section, the institution
shall:
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(1) Take the following action against the employee:
(i) for the first violation, place the employee on
unpaid leave for the next academic year; or
(ii) for the second or a subsequent violation,
discharge the employee and report the determination and
the action taken by the institution to the department.
(2) The department shall maintain and provide to each
public institution of higher education a list of persons
against whom action has been taken under paragraph (1).
(f) Hiring.--An institution of higher education may not hire
an employee who is included on the department's list maintained
under subsection (e) before:
(1) if the employee was placed on unpaid leave under
subsection (e)(1)(i), the end of the academic year for which
the employee is placed on unpaid leave; or
(2) if the employee was discharged under subsection (e)
(1)(ii), the fifth anniversary of the date on which the
employee was discharged.
(g) Penalty.--If the department determines that a public
institution of higher education has violated this section, the
department shall assess an administrative penalty against the
institution in an amount equal to the lesser of $1,000,000 or 1%
of the amount of the institution's operating expenses budgeted
for the State fiscal year preceding the State fiscal year in
which the violation occurred.
(h) Appropriation.--An administrative penalty collected
under subsection (g) may only be appropriated to a public
institution of higher education that the department has not
determined to have violated this section during the two State
fiscal years preceding the State fiscal year for which the
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appropriation is made.
(i) Definitions.--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.
"Public institution of higher education."
(1) A community college operating under Article XIX-A.
(2) A university within the State System of Higher
Education.
(3) The Pennsylvania State University, the University of
Pittsburgh, Temple University, Lincoln University or any
other institution designated as State-related by the
Commonwealth.
(4) The Thaddeus Stevens College of Technology.
(5) A college established under Article XIX-G.
"Training."
(1) The term includes a training, seminar, discussion
group, workshop or other instructional program, whether
provided in person, online or by any other means, with a
purpose of advising, counseling, influencing or teaching
participants.
(2) The term does not include:
(1) An academic course offered for credit.
(2) An activity of a student organization registered
with or recognized by a public institution of higher
education that affects only the organization's members.
Section 2008-I. Revoking tenure diversity, equality and
inclusion violations.
For purposes of this section, good cause for revoking the
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tenure of a faculty member includes the faculty member's
violation of section 2005-I(e)(ii) or section 2007-I(e)(ii).
Section 2009-I. Spending prohibited.
A public institution of higher education may not spend money
appropriated by the General Assembly for the State fiscal year
beginning July 1, 2026, until the institution's governing board
has filed with the department and posted on the institution's
publicly accessible Internet website a report that states the
steps taken by the institution to comply with sections 2004-I,
2005-I, 2006-I, 2007-I and 2008-I.
Section 2. The addition of sections 2004-I, 2005-I, 2006-I,
2007-I and 2008-I of the act shall apply beginning with the
2025-2026 academic year.
Section 3. This act shall take effect immediately.
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