Pennsylvania HB 860: An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, in county commissioners and chief clerks, further providing for meetings, regular and special, conduct of meetings and notices and for quorum and execution of official instruments.

Bill Text

PRINTER'S NO. 898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 860
Session of
2025
INTRODUCED BY FRIEL, PIELLI, PROBST, MADDEN, WAXMAN, KHAN,
KENYATTA, OTTEN, SANCHEZ, GUENST, BURGOS, HOWARD, RIVERA,
DONAHUE, WARREN, SHUSTERMAN, CERRATO, MALAGARI AND STEELE,
MARCH 11, 2025
REFERRED TO COMMITTEE ON EDUCATION, MARCH 11, 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 terms and courses of study,
providing for prohibited review of curriculum, instructional
materials and voluntary inquiry material in public school
entities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XV 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 subarticle to read:
(e) Prohibited Review of Curriculum, Instructional
Materials and Voluntary Inquiry Material in Public
School Entities.
Section 1561. Findings and declaration of policy.
The General Assembly finds and declares as follows:
(1) The sharing of all ideas and the freedom to read are
essential for a strong democracy.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

(2) Suppressing the freedom to read and denying access
to literature, history and knowledge are antidemocratic
approaches that have only been employed by regimes seeking to
limit free speech and debate.
(3) The unreasonable restriction of access to books and
instructional materials in schools violates students' freedom
to learn and impairs their ability to think independently and
is contrary to the First Amendment to the Constitution of the
United States.
(4) Students have a right to access a diverse range of
age-relevant information, stories, perspectives and ideas.
(5) PEN America identified 457 books that were
challenged or banned in this Commonwealth from July 2021 to
July 2022.
(6) The Supreme Court has held that, as centers for
voluntary inquiry and the dissemination of information and
ideas, school libraries enjoy a special affinity with the
rights of free speech and press.
(7) In Board of Education, Island Trees Union Free
School District No. 26 v. Pico , the court noted that removal
of books is constitutionally permitted only if it is done
based on the educational appropriateness of the book, not
because it was intended to deny students access to books with
which school officials disagree.
Section 1562. Definitions.
The following words and phrases when used in this subarticle
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." An educational resource material review
committee established under section 1567.
20250HB0860PN0898 - 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

"Department." The Department of Education of the
Commonwealth.
"Instructional expert." A public school administrator,
instructional staff or school librarian with expert knowledge in
the subject areas in which they hold a certification.
"Instructional material." A textbook and supplementary
material used as a part of required classroom instruction.
"Parent or guardian." A biological parent, adoptive parent,
legal guardian or other person with legal custody of a child.
"Public school entity." A public school, including a school
district, charter school, intermediate unit or area career and
technical school.
"Qualifying complainant." A student or a parent or guardian
of a student enrolled in the public school entity where a
complaint is filed.
"Qualifying complaint." A complaint concerning an
instructional material's literary or educational merit.
"Soft censorship." The removal of instructional materials
and voluntary inquiry materials outside of established
processes.
"Voluntary inquiry material." A nonfiction or fiction book,
magazine, reference book, supplementary title, multimedia and
digital material, software and instructional material and other
material not required as part of classroom instruction.
"Weeding." The process of clearing the collections in the
library or media center of materials that have outlived their
usefulness.
Section 1563. Prohibited censorship.
(a) Removal.--Voluntary inquiry materials of sound factual
authority shall not be removed from library shelves or
20250HB0860PN0898 - 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

classrooms due to any of the following reasons:
(1) Partisan approval or disapproval.
(2) The author's race, nationality, gender identity,
sexual orientation or political or religious views.
(3) School board of directors' or complainants'
discomfort, personal morality or political or religious
views.
(4) The author's points of view concerning the problems
and issues of our time, whether international, national or