Pennsylvania HB 987: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in matters affecting government units, further providing for exceptions to sovereign immunity and providing for claims for wrongful conviction and imprisonment; and establishing the Exonerated Individual Community Trust Fund.

Bill Text

PRINTER'S NO. 1079
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 987
Session of
2025
INTRODUCED BY M. MACKENZIE, HAMM, KAUFFMAN, SCIALABBA, KUZMA,
BANTA AND ZIMMERMAN, MARCH 24, 2025
REFERRED TO COMMITTEE ON EDUCATION, MARCH 24, 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 miscellaneous provisions relating
to institutions of higher education, providing for
prohibitions regarding ideological oaths or statements, for
prohibition on diversity, equity and inclusion offices and
employees, for statements required to be included in mission
statement, bylaws, faculty handbook and student handbook, for
certain mandatory training prohibited, for revoking tenure
for diversity, equity and inclusion violations and for
spending restricted; and imposing penalties.
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 sections
to read:
Section 2005-I. Prohibitions regarding ideological oaths or
statements.
(a) Purpose.--The purpose of this section is to prohibit
public institutions of higher education from requiring or giving
preferential consideration for ideological oaths or statements
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that undermine academic freedom and open inquiry and impede the
discovery, preservation and transmission of knowledge.
(b) Prohibitions regarding ideological oaths or
statements.--
(1) A public institution of higher education may not
compel, require, induce or solicit a student enrolled at the
public institution of higher education, an employee or
contractor of the public institution of higher education or
an applicant for admission to or employment or contracting at
the public institution of higher education to:
(i) Endorse an ideology that promotes the
differential treatment of an individual or group of
individuals based on race, color or ethnicity.
(ii) Provide a statement of the person's:
(A) Race, color, ethnicity or national origin,
except to record any necessary demographic
information.
(B) Views on, experience with or past or planned
contributions to efforts involving diversity, equity
and inclusion, marginalized groups, antiracism,
social justice, intersectionality or related
concepts.
(C) Views on or experience with race, color,
ethnicity, national origin or other immutable
characteristics.
(iii) Provide preferential consideration to a
student enrolled at the public institution of higher
education, an employee or contractor of the public
institution of higher education or an applicant for
admission to or employment or contracting at the public
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institution of higher education on the basis of the
person's unsolicited statement in support of an ideology
described by subparagraph (i).
(2) This section may not be construed to:
(i) Restrict academic research or coursework.
(ii) Prevent a person from providing to a public
institution of higher education information described by
paragraph (1) on the person's own initiative separate
from any specific requirement or request from the public
institution of higher education.
(iii) Prevent a public institution of higher
education from requiring an applicant for admission to or
employment or contracting at the public institution of
higher education to:
(A) Disclose or discuss the content of the
applicant's research or artistic creations.
(B) Certify compliance with Federal and State
antidiscrimination law.
(C) Discuss pedagogical approaches or experience
with students with learning disabilities.
(c) Reporting.--Beginning December 1, 2025, and not later
than December 1 of each year thereafter, each public institution
of higher education shall submit to the department, President
pro tempore of the Senate and the Speaker of the House of
Representatives a report certifying the public institution of
higher education's compliance with this section.
(d) Definitions.--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
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Commonwealth.
"Public institution of higher education." Includes the
following:
(1) A community college operating under Article XIX-A.
(2) A university within the State System of Higher
Education.
(3) The Pennsylvania State University, the University of
Pittsburgh, Temple University, Lincoln University or any
other institution designated as State-related by the
Commonwealth.
(4) The Tha