Pennsylvania HB 1948: An Act amending Title 24 (Education) of the Pennsylvania Consolidated Statutes, prohibiting institutions of higher education that receive State grants or loans from entering into certain agreements; and providing for enforcement by the Office of Attorney General.

Bill Text

PRINTER'S NO. 2457
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1948
Session of
2025
INTRODUCED BY KENYATTA, KRAJEWSKI, SANCHEZ, PIELLI, WAXMAN,
HILL-EVANS, D. WILLIAMS, CEPEDA-FREYTIZ, PROBST, SMITH-WADE-
EL, FIEDLER AND INGLIS, OCTOBER 15, 2025
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 16, 2025
AN ACT
Amending Title 24 (Education) of the Pennsylvania Consolidated
Statutes, prohibiting institutions of higher education that
receive State grants or loans from entering into certain
agreements; and providing for enforcement by the Office of
Attorney General.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 24 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 73
PROHIBITED AGREEMENTS
Sec.
7301. Short title of chapter.
7302. Definitions.
7303. Prohibited agreements.
7304. Enforcement.
7305. Applicability.
§ 7301. Short title of chapter.
This chapter shall be known and may be cited as the Protect
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Pennsylvania's Academic Freedom Act.
§ 7302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Awarding agency." A Commonwealth agency that awards a State
grant or loan under a State grant or loan program.
"Commonwealth agency." An executive agency or independent
agency.
"Executive agency." The Governor and any department, board,
commission, authority or other agency or officer of the
Commonwealth. The term does not include a court or other agency
or officer of the unified judicial system or the General
Assembly and any of its agencies or officers.
"Independent agency." A board, commission, authority or
other agency or officer of the Commonwealth that is not subject
to the policy supervision and control of the Governor. The term
does not include a court or other agency or officer of the
unified judicial system or the General Assembly and any of its
agencies or officers.
"Institution of higher education." The term includes any of
the following:
(1) A community college operating under Article XIX-A of
the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
(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
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Commonwealth.
(4) The Thaddeus Stevens College of Technology.
(5) A college established under Article XIX-G of the
Public School Code of 1949.
(6) An institution of higher education located in and
incorporated or chartered by the Commonwealth and entitled to
confer degrees under section 6505 (relating to power to
confer degrees) and as provided for by the standards and
qualifications prescribed by the State Board of Education
under Chapter 65 (relating to private colleges, universities
and seminaries).
(7) A private school licensed under the act of December
15, 1986 (P.L.1585, No.174), known as the Private Licensed
Schools Act.
(8) A foreign corporation approved to operate an
educational enterprise under 22 Pa. Code Ch. 36 (relating to
foreign corporation standards).
"State grant or loan." A State grant or loan authorized by a
law of this Commonwealth. The term does not include any of the
following:
(1) A tax benefit or tax credit as defined in section
1701-A.1 of the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971.
(2) A procurement as defined in 62 Pa.C.S. § 103
(relating to definitions).
(3) Money appropriated or transferred for any other
purpose other than a State grant or loan.
§ 7303. Prohibited agreements.
As a condition of receipt of a State grant or loan, an
institution of higher education may not enter into a compact or
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other voluntary agreement with the Federal Government that,
except as required under law, limits the ability of the
institution of higher education to make operational decisions on
any of the following matters:
(1) Admissions processes, including the admission of
foreign students.
(2) Hiring decisions.
(3) Academic curriculum.
(4) Disciplinary policies.
(5) Tuition policies.
(6) Grading policies.
(7) Freedom of speech for students and staff.
(8) Treatment of students based on the student's
membership in a racial, ethnic, national or religious group
or a group based on sex, sexual orientation or gender
identity.
(9) Establishing or abolishing institutional
organizations.
§ 7304. Enforcement.
This chapter shall be enforced as follows:
(1) An institution of higher education that enters into
a compact or voluntary agreement in violation of section 7303
(relating to prohibited agreements) and, afte