Pennsylvania HB 1271: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for free speech in higher education.

Bill Text

PRINTER'S NO. 1424
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1271
Session of
2025
INTRODUCED BY D'ORSIE, ROAE, HAMM, M. MACKENZIE, KAUFFMAN,
SCIALABBA, ROWE, ZIMMERMAN, T. JONES AND FINK, APRIL 21, 2025
REFERRED TO COMMITTEE ON EDUCATION, APRIL 21, 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," providing for free speech in higher
education.
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 an
article to read:
ARTICLE XX-N
FREE SPEECH IN HIGHER EDUCATION
Section 2001-N. 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:
"Benefit." A privilege granted to a student organization,
including the use of a facility, the use of a channel of
communication or a funding source that is available to all
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student organizations at a public institution of higher
education.
"Bias reporting system." The formal or explicit process for
the reporting or solicitation of a bias incident from a campus
community member concerning offensive or unwanted speech,
including satire or speech labeled as a microaggression,
regardless of whether the speech occurs on or off the campus of
a public institution of higher education.
"Campus community member." Any student, student
organization, administrator, faculty member, staff member or
invited guest at a public institution of higher education.
"Invited guest." An invited guest of any student, student
organization, administrator, faculty member or staff member at a
public institution of higher education.
"Protected expressive activity." An expression of speech by
a campus community member that is protected by Federal or State
law, including speech pertaining to an opinion or a political
belief or affiliation, through the use of verbal, written,
audio-visual or electronic means to communicate an idea to
another, regardless of whether the expression occurs on or off
the campus of a public institution of higher education. The term
includes a form of peaceful assembly, a protest, a speech, a
guest speaker, the distribution of literature, carrying a sign
or circulating a petition.
"Public institution of higher education." Any of the
following:
(1) A community college operating under Article XIX-A.
(2) A rural regional college established under Article
XIX-G.
(3) A university within the State System of Higher
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Education under Article XX-A.
(4) A State-related institution as defined in section
2001-C.
(5) The Thaddeus Stevens College of Technology.
(6) The Pennsylvania College of Technology.
"Quid pro quo sexual harassment." Explicitly or implicitly
conditioning a student's participation in an education program
or activity or basing an educational decision on the student's
submission to unwelcome sexual advances, requests for sexual
favors or other verbal, nonverbal or physical conduct of a
sexual nature.
"Student." An individual who is enrolled on a full-time or
part-time basis as an undergraduate or graduate student in a
public institution of higher education.
"Student-on-student harassment." Conduct directed by a
student or student organization toward another student or
student organization that is so unwelcome, severe, pervasive and
subjectively and objectively offensive that the student or
student organization is effectively denied equal access to an
educational opportunity or benefit provided by a public
institution of higher education.
"Student organization." Any of the following:
(1) An officially recognized group, comprised of
students, at a public institution of higher education.
(2) A group seeking official recognition that receives,
or is seeking to receive, a benefit.
"True threat." A statement by a speaker that communicates a
serious expression of an intent to commit an act of violence
against a particular individual or group of individuals.
Section 2002-N. Prohibition on bias reporting system.
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A public institution of higher education may not establish,
maintain or otherwise implement a bias reporting system.
Section 2003-N. Prohibition on punishment for protected speech.
A public institution of higher education may not investigate,
threaten disciplinary action or otherwise punish a campus
community member for a protected expressive activity.
Section 2004-N. Establishment of student-on-student harassment
policy.
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