PRINTER'S NO. 1299
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1025
Session of
2023
INTRODUCED BY HAYWOOD, SAVAL, TARTAGLIONE, FONTANA, HUGHES,
KANE, COSTA, CAPPELLETTI, KEARNEY AND SCHWANK,
DECEMBER 18, 2023
REFERRED TO EDUCATION, DECEMBER 18, 2023
AN ACT
Amending the act of July 17, 1961 (P.L.776, No.341), entitled
"An act declaring the policy of the Commonwealth with regard
to discriminatory practices in educational institutions based
upon race, religion, color, ancestry, national origin or sex;
prohibiting such discriminatory practices; providing for
procedure and enforcement; providing for judicial review;
providing for administration by the Pennsylvania Human
Relations Commission in the Department of Labor and Industry;
and defining its functions, powers and duties hereunder,"
further providing for findings and declaration of policy, for
definitions, for unfair educational practices, for powers and
duties of the commission and for procedure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of July 17, 1961 (P.L.776,
No.341), known as the Pennsylvania Fair Educational
Opportunities Act, is amended by adding a clause to read:
Section 2. Findings and Declaration of Policy.--* * *
(b.1) Equality of educational opportunities requires that
students receive an education from schools and educational
institutions and are afforded the opportunity to participate in
activities, programs and campus life without a hostile
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environment or being harassed with regard to race, religion,
color, ancestry or national origin.
* * *
Section 2. Section 3(1) and (3) of the act are amended and
the section is amended by adding paragraphs to read:
Section 3. Definitions.--As used in this act--
(1) "Educational institution" means any institution of post-
secondary grade [and], any secretarial, business, vocational or
trade school of secondary or post-secondary grade and any school
with any grade span of students kindergarten through grade
twelve, which is subject to the visitation, examination or
inspection of, or is, or may be licensed by the Department of
Public Instruction, including any post-secondary school, college
or university incorporated or chartered under any general law or
special act of the General Assembly, except any religious or
denominational educational institution as defined in this act.
* * *
(3) "Discriminate" includes ["segregate."] but is not
limited to "segregate" or "harass."
* * *
(9) "Facilities" includes, but is not limited to, when a
student is harassed at a facility, or there is a presence of a
hostile environment at a facility, that is severe and pervasive
to the extent that the student deems there is an interference to
the student's use of the facility.
(10) "Harass" includes conduct or an act, including a verbal
act, fighting words, graphic or written statement, drawing,
caricature, social media post, cell phone or Internet
transmittal or other similar conduct, that is:
(i) Physically threatening, harmful, intimidating, causing
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fear, shame, humiliation or discomfort, pain or suffering toward
the actual or perceived race, religion, color, ancestry or
national origin of an individual or group.
(ii) Severe and pervasive that the conditions of the
student's educational opportunities, learning, programs,
activities or campus life are altered.
(iii) Severe and pervasive that a hostile environment
exists.
(11) "Hostile environment" includes an environment with
intrinsic conduct or acts of discrimination based on race,
religion, color, ancestry or national origin that:
(i) interferes with or limits a student's ability to
participate in or benefit from the services, activities or
opportunities offered in any education program; or
(ii) destroys the emotional and psychological stability of a
minority student or interferes with or limits the ability of a
reasonable minority student to participate in or benefit from
educational services, activities or privileges.
Section 3. Section 4 of the act is amended by adding a
subsection to read:
Section 4. Unfair Educational Practices.--* * *
(b.1) It shall be an unfair educational practice for any
school or educational institution to permit, directly or
indirectly, student or staff conduct or acts of discrimination
that create or foster a hostile environment through any overt
act, omission, failure to act or failure to address a violation
of this act.
* * *
Section 4. Section 6(3) of the act is amended and the
section is amended by adding a paragraph to read:
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Section 6. Powers and Duties of the Commission.--Without in
anywise detracting from, or in derogation or diminution of the
duties of the commission as set forth in the act of October 27,
1955 (P.L.744), known as the "Pennsylvania Human Relations Act,"
said commission is hereby vested with the following powers and
duties--
* * *
(1.1) To make visits, as the commission deems advisable, to
educational institutions within this Commonwealth for the
purpose of examining and studying the racial tension and
environment perceived by the students and the educational
institution.
* * *
(3) To make whatever studies may be necessary to aid it in
carrying out its functions, including studies to determine
factually:
(i) the total number of students applying each year to
educational institutions, except religious or denominational
institutions, within the Commonwealth, the number of them
finally accepted and the basic factors which determine whether
an applicant will be accepted or rejected by such
institutions[.]; and
(ii) the total number of students each semester not
returning to an educational institution, the proportional
relationship of those not returning to the race, religion,
color, ancestry or national origin of those students not
returning and the number of those not returning that experienced
discrimination or a hostile environment while attending the
educational institution, regardless of if formally or informally
reported.
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* * *
Section 5. Section 7 of the act is amended to read:
Section 7. Procedure.--(a) The procedure for processing any
complaint and the remedies available shall be in accordance with
sections 9, 9.2 and 11 of the act of October 27, 1955 (P.L.744,
No.222), known as the "Pennsylvania Human Relations Act."
(b) Without in anywise detracting from, or in derogation or
diminution of, the remedies available as set forth in the act of
October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania
Human Relations Act," or available under this act, the remedies
specifically provided under the Pennsylvania Human Relations Act
in those cases alleging a violation of section 5(d), (e) or (h)
or 5.3 where the underlying complaint is a violation of section
5(h) or 5.3 shall also be available to those cases alleging a
violation under the provisions of this act where the underlying
complaint is:
(i) a violation of section 4(a)(3) or (a.1)(3) when a
student was harassed at a facility or a hostile environment
exists at a facility; or
(ii) a violation of section 4(b.1).
Section 6. This act shall take effect in 60 days.
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