Pennsylvania SB 1026: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in Safe2Say Program, further providing for definitions and for Safe2Say Program; in postsecondary institution sexual harassment and sexual violence policy and online reporting system, further providing for definitions, for policy for postsecondary institution sexual harassment and sexual violence and for online reporting system; and making an editorial change.

Bill Text

PRINTER'S NO. 1190
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1026
Session of
2025
INTRODUCED BY COSTA, SANTARSIERO, KEARNEY, HAYWOOD, HUGHES,
FONTANA, COMITTA, KIM, SCHWANK, TARTAGLIONE, KANE,
PISCIOTTANO, CAPPELLETTI, SAVAL AND MUTH, OCTOBER 3, 2025
REFERRED TO EDUCATION, OCTOBER 3, 2025
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 Safe2Say Program, further
providing for definitions and for Safe2Say Program; in
postsecondary institution sexual harassment and sexual
violence policy and online reporting system, further
providing for definitions, for policy for postsecondary
institution sexual harassment and sexual violence and for
online reporting system; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302-D of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding a definition to read:
Section 1302-D. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Hate-based intimidation." A criminal act of inflicting
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physical injury on another individual, harm to property or other
type of injury, which is motivated by hatred toward the actual
or perceived race, color, religion, national origin, ancestry,
sex, gender, gender identity, gender expression, sexual
orientation or disability of another individual or group of
individuals with which the other individual is associated.
* * *
Section 2. Section 1303-D(c)(1) and (2) and (d) of the act
are amended and subsection (c) is amended by adding a paragraph
to read:
Section 1303-D. Safe2Say Program.
* * *
(c) Program requirements.--Beginning January 14, 2019, the
program shall be responsible for the following:
(1) To ensure anonymous reporting concerning unsafe,
potentially harmful, dangerous, violent [or] and criminal
activities, including the reporting of hate-based
intimidation, in a school entity or the threat of the
activities in a school entity.
(2) To establish protocols and procedures to promptly
notify the appropriate law enforcement agency via 911 centers
and the Pennsylvania State Police when the program receives
an anonymous report of violent [or] and criminal activities,
including an anonymous report of hate-based intimidation, in
a school entity that poses an immediate threat of violence or
criminal activity and creates a substantial risk of serious
bodily injury.
* * *
(11) To train and provide instruction to employees of
school entities on how to recognize and report hate-based
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intimidation by incorporating such training and instruction
into current training .
(d) School entity.--Each school entity shall:
(1) develop procedures for assessing and responding to
reports received from the program[.]; and
(2) require each school in the school entity to
incorporate into periodic in-service training sessions
appropriate instruction in recognizing and reporting conduct,
including hate-based intimidation, that poses an immediate
threat of violence and creates a substantial risk of serious
bodily injury to any person.
Section 3. Article XX-J heading of the act is amended to
read:
ARTICLE XX-J
POSTSECONDARY INSTITUTION SEXUAL HARASSMENT [AND], SEXUAL
VIOLENCE AND HATE-BASED INTIMIDATION POLICY AND
ONLINE REPORTING SYSTEM
Section 4. Section 2001-J of the act is amended by adding a
definition to read:
Section 2001-J. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Hate-based intimidation." A criminal act of inflicting
physical injury on another individual, harm to property or other
type of injury, which is motivated by hatred toward the actual
or perceived race, color, religion, national origin, ancestry,
sex, gender, gender identity, gender expression, sexual
orientation or disability of another individual or group of
individuals with which the other individual is associated.
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* * *
Section 5. Sections 2002-J and 2003-J of the act are amended
to read:
Section 2002-J. Policy for postsecondary institution sexual
harassment [and], sexual violence and hate-based
intimidation.
(a) Adoption.--A postsecondary institution shall adopt a
clear, understandable written policy on sexual harassment [and],
sexual violence and hate-based intimidation that informs victims
and students of their rights un