Text of PA HB 1997 (2024)

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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 20240HB1997PN2529 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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: 20240HB1997PN2529 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (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. 20240HB1997PN2529 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28