Pennsylvania HB 1040: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for Diversity Inclusive Curriculum Pilot Program.

Bill Text

PRINTER'S NO. 1129
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1040
Session of
2025
INTRODUCED BY HOHENSTEIN, GUENST, SMITH-WADE-EL, TAKAC, CARROLL,
KHAN, MADDEN, SANCHEZ, HILL-EVANS, WAXMAN, KENYATTA, PIELLI,
CERRATO, RIVERA, CEPEDA-FREYTIZ, ISAACSON, MAYES, BOROWSKI,
O'MARA, FIEDLER, GIRAL, RABB, T. DAVIS AND HOWARD,
MARCH 25, 2025
REFERRED TO COMMITTEE ON EDUCATION, MARCH 25, 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 Diversity Inclusive
Curriculum Pilot Program.
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 XVII-E
DIVERSITY INCLUSIVE CURRICULUM PILOT PROGRAM
Section 1701-E. Scope of article.
This article relates to the Diversity Inclusive Curriculum
Pilot Program.
Section 1702-E. Definitions.
The following words and phrases when used in this article
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"LGBTQ+." Lesbian, gay, bisexual, transgender, queer,
asexual, intersex or other similar characteristic of an
individual.
"Pilot program." The Diversity Inclusive Curriculum Pilot
Program established under this article.
"School entity." A school district, charter school, regional
charter school, cyber charter school, intermediate unit or area
career and technical school.
Section 1703-E. Diversity Inclusive Curriculum Pilot Program.
(a) Establishment.--The Diversity Inclusive Curriculum Pilot
Program is established in the department to provide instruction
to students on the political, economic and social contributions
of individuals of the LGBTQ+ community.
(b) Operation.--The pilot program shall operate for three
full school years, beginning with the 2026-2027 school year.
(c) Selection of school entities.--
(1) By July 15, 2026, the department may select school
entities and nonpublic schools to participate in the pilot
program.
(2) To be eligible for the pilot program, a school
entity or nonpublic school must submit a proposal to the
department by May 15, 2026, that identifies how the school
entity or nonpublic school will meet the guidelines
established by the department for the pilot program.
Section 1704-E. Department responsibilities.
(a) Funding.--The department may use Federal, State and
20250HB1040PN1129 - 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

other money to the extent that it is made available for the
pilot program.
(b) Consultation.--No later than six months after the
effective date of this subsection, the department shall consult
with professional organizations operating in this Commonwealth
that serve diverse populations, including LGBTQ+ individuals in
establishing, operating and evaluating the pilot program.
(c) Guidelines.--By March 15, 2026, the department shall
establish guidelines and procedures for the pilot program in
consultation with professional organizations that serve diverse
populations, including LGBTQ+ individuals. The department shall
consider curriculum offered by organizations with 50% or greater
LGBTQ+ leadership that specialize in and have expertise with
LGBTQ+ individuals before selecting the curriculum to be used
for the pilot program.
Section 1705-E. Pilot program evaluation.
(a) Report by school entities.--A participating school
entity or nonpublic school shall annually report to the
department data and information about the operation of the pilot
program, in the manner prescribed by the department. At a
minimum, a participating school entity or nonpublic school shall
annually report to the department about how the participating
school entity or nonpublic school met the objectives of the
pilot program and any difficulty encountered in seeking to meet
the objectives of the pilot program.
(b) Evaluation.--The department shall contract with a
nationally recognized educational evaluation institution or
organization to provide an evaluation of the pilot program to
review the effectiveness of the implementation of a curriculum
inclusive to diverse individuals. The evaluation shall be
20250HB1040PN1129 - 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

published on the department's publicly accessible Internet
website.
(c) Report by department.--The department shall compile an
annual report based on the data and information received about
the operation of the pilot program. The department shall
annually submit the report under this subsection by August 1 to
all of the following:
(1) The chair and minority chair