Text of PA HB 2024 (2024)

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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 20240HB2024PN2589 - 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 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] 20240HB2024PN2589 - 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 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. 20240HB2024PN2589 - 4 - 1 2 3 4 5 6 7