Text of PA HB 227 (2025)

PRINTER'S NO. 180 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 227 Session of 2025 INTRODUCED BY GLEIM, HAMM, LEADBETER, GREINER, KAUFFMAN, M. BROWN, GROVE, SMITH AND ZIMMERMAN, JANUARY 22, 2025 REFERRED TO COMMITTEE ON EDUCATION, JANUARY 22, 2025 AN ACT Prohibiting public school entities from engaging in certain communications and actions involving prohibited indoctrination; and providing for requirements for public contractors and for enforcement. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Short title. This act shall be known and may be cited as the Honesty in Teaching Act. Section 2. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Contractor." An individual, organization, corporation or business that enters into a contract, or a subcontract pursuant to a contract, with a public school entity. "Department." The Department of Education of the Commonwealth. "Professional employee." As the term "professional employe" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 is defined in section 1101(1) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949. "Public school entity." A school district, intermediate unit, area career and technical school, charter school, cyber charter school or regional charter school. Section 3. Communication and actions by public school entities. (a) Prohibited indoctrination.--A communication by a public school entity, an official representative thereof, professional employee or guest speaker may not compel a person to adopt, affirm, adhere to or profess an idea in violation of Title IV or Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241), including that: (1) People of one age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin are inherently superior or inferior to people of another age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin. (2) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual's age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin. (3) People of one age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin, cannot and should not attempt to treat others equally and without regard to age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial 20250HB0227PN0180 - 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 status, mental or physical disability, religion or national origin. (b) Construction.--Nothing in this section shall be construed to prohibit the discussion of: (1) ideas and history of the concepts described in subsection (a); or (2) public policy issues of the day or ideas that individuals may find unwelcome, disagreeable or offensive. (c) Penalty prohibited.--A public school entity, professional employee, contractor or student in a public school entity may not be subject to a penalty or adverse treatment due to a refusal to engage in prohibited indoctrination under subsection (a). (d) Use of funds prohibited.--A public school entity may not use funds from any source to engage in prohibited indoctrination under subsection (a). (e) Teacher training.--The department shall develop and make available to professional employees technical assistance, guidance and professional development in accordance with the following principles: (1) For education to create citizens capable of self- government, students need to engage with a variety of viewpoints on challenging issues, led by a professional employee who understands that there is greater value in promoting independent thinking than in advancing the professional employee's own beliefs. (2) A professional employee should be prepared to engage students in academic discussions about all topics, so long as the professional employee imparts vital knowledge and skills without imposing the professional employee's own beliefs. 20250HB0227PN0180 - 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 (3) A professional employee should be prepared to address challenging issues in the classroom, not avoid them. (4) A professional employee should be prepared to help students become discerning consumers of information, to evaluate and analyze information, to question and verify the credibility of the information's source and to make the professional employee's own reasoned judgments supported by evidence. Section 4. Requirements for public contractors. (a) Statement in contract.--A contract entered into by a public school entity with a contractor after the effective date of this section shall include the following statement: "During the performance of this contract, the contractor may not engage in workplace training of a professional employee that includes prohibited indoctrination as stated in the Honesty in Teaching Act." (b) Statement in subcontracts.--A contractor shall include in a subcontract the statement under subsection (a) as a contractual duty imposed on the subcontractor. Section 5. Enforcement. (a) Complaints and investigations.-- (1) A parent, student, professional employee or other person interacting with a public school entity may file a complaint with the governing board of a public school entity alleging a violation of section 3 by a professional employee or contractor. A complaint filed under this section is subject to the penalties enumerated in 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). (2) A public school entity shall develop a policy on filing a complaint under paragraph (1). The policy shall be 20250HB0227PN0180 - 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 29 30 made available on the public school entity's publicly accessible Internet website. (3) Upon receipt of a complaint, the governing board of a public school entity shall provide written notice to the professional employee or contractor detailing the complaint and stating the time and place for a hearing. The hearing shall be held no earlier than 15 days and not later than 30 days from the receipt of the complaint. Proceedings under this section shall be held in accordance with 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of local agencies). (4) A written notice of decision of the governing board of a public school entity shall be sent by registered mail to the professional employee or contractor and the complainant within 10 days after the hearing is concluded. (5) If the complainant, professional employee or contractor disagrees with the findings of the governing board of the public school entity, an appeal may be filed with the Secretary of Education, within 15 days after receipt by registered mail of the written notice of the decision of the governing board of a public school entity. The appeal shall be governed by 2 Pa.C.S. (relating to administrative law and procedure). The Secretary of Education shall issue a final ruling with detailed support for the conclusion within 60 days of receipt of the appeal. (6) The ruling or decision of the Secretary of Education shall be final unless an appeal is taken in accordance with 2 Pa.C.S. Ch. 7 (relating to judicial review). (b) Penalty.-- (1) If a violation of section 3 by a professional 20250HB0227PN0180 - 5 - 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 employee is established, the public school entity and any involved professional employee, shall engage in professional development in compliance with this section. The families of students impacted by the violation shall receive notice and a copy of the decision and action to be taken, which notice shall be provided by registered mail. The public school entity shall report the violation to the department through the Pennsylvania Information Management System. (2) If a violation is established involving a contractor, the contract may be canceled, terminated or suspended, in whole or in part, and the contractor may be declared ineligible for further government contracts for a period of one year. The families of students impacted by the violation shall receive notice and a copy of the decision and actions to be taken, which notice shall be provided by registered mail. Section 6. Effective date. This act shall take effect immediately. 20250HB0227PN0180 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18