Pennsylvania HB 538: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in sexual violence, dating violence, domestic violence and stalking education, prevention and response at institutions of higher education and private licensed schools, further providing for scope of article, for definitions, for education program and for follow-up; and making an editorial change.

Bill Text

SENATE AMENDED
PRIOR PRINTER'S NOS. 531, 1946 PRINTER'S NO. 2147
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 538
Session of
2025
INTRODUCED BY LEADBETER, HAMM, STEHR, KAUFFMAN, M. BROWN, KUTZ,
ZIMMERMAN, FINK, T. JONES, PUGH, MARCELL, SCHEUREN AND
SHAFFER, FEBRUARY 10, 2025
SENATOR CULVER, EDUCATION, IN SENATE, AS AMENDED, JULY 16, 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 sexual violence, dating violence,
domestic violence and stalking education, prevention and
response at institutions of higher education and private
licensed schools, further providing for scope of article, for
definitions, for education program and for follow-up; and
making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XX-G heading and section 2001-G of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, are amended to read:
ARTICLE XX-G
SEXUAL VIOLENCE, DATING VIOLENCE, DOMESTIC VIOLENCE [AND],
STALKING AND HUMAN TRAFFICKING EDUCATION, PREVENTION AND
RESPONSE AT INSTITUTIONS OF HIGHER EDUCATION AND PRIVATE
LICENSED SCHOOLS
Section 2001-G. Scope of article.
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This article relates to [college and university] institution
of higher education and private licensed school sexual violence,
dating violence, domestic violence [and], stalking and human
trafficking education, prevention and response.
Section 2. The definition of "education program" in section
2002-G of the act is amended and the section is amended by
adding definitions to read:
Section 2002-G. 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:
* * *
"Education program." An evidence-based sexual violence,
dating violence, domestic violence [and], stalking and human
trafficking prevention and awareness education program under
this article.
"Human trafficking." As defined in 18 Pa.C.S. § 3001
(relating to definitions).
"Human trafficking PREVENTION organization." A nonprofit
organization that specializes in outreach and education programs
on human trafficking prevention and awareness in adherence to
standards established by the Department of Human Services .
RELEVANT OVERSIGHT ORGANIZATIONS, INCLUDING THE PENNSYLVANIA
COALITION TO ADVANCE RESPECT, PENNSYLVANIA COALITION AGAINST
DOMESTIC VIOLENCE, NATIONAL CHILDREN'S ALLIANCE OR THE
PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY.
* * *
"Involuntary servitude." As defined in 18 Pa.C.S. § 3001.
* * *
Section 3. Sections 2003-G(a), (b) and (c) and 2004-G of the
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act are amended to read:
Section 2003-G. Education program.
(a) General rule.--Institutions of higher education and
private licensed schools shall establish and implement an
education program for all students. In developing or
implementing an education program, institutions of higher
education and private licensed schools shall consult with a
local rape crisis center and domestic violence program, as
appropriate and if available. Institutions of higher education
and private licensed schools may consult with a human
trafficking PREVENTION organization to develop and implement an
education program. The department, in consultation with the
Pennsylvania Coalition [Against Rape] TO ADVANCE RESPECT and the
Pennsylvania Coalition Against Domestic Violence, shall develop
an online clearinghouse of model education programs and other
resources to aid institutions of higher education and private
licensed schools in fulfilling this requirement. The department
may consult with a human trafficking PREVENTION organization to
develop the online clearinghouse of model education programs and
other resources. Each education program shall provide the
following:
(1) A discussion of sexual violence, dating violence,
domestic violence [and], stalking and human trafficking.
(2) A discussion of consent, including an explanation
that the victim is not at fault.
(3) A discussion of drug and alcohol-facilitated sexual
violence.
(4) Information relating to risk education and personal
protection.
(5) Information on where and how to get assistance,
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including the importance of medical treatment and evidence
collection, and how to report sexual violence to campus
authorities and local law enforcement.
(6) The possibility of pregnancy and transmission of
sexual diseases.
(7) Introduction of members of the educational community
from:
(i) Campus police or security a