Pennsylvania HB 158: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in powers and duties of the Department of General Services and its departmental administrative and advisory boards and commissions, providing for automated external defibrillators in State buildings.

Bill Text

PRINTER'S NO. 149
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 158
Session of
2025
INTRODUCED BY GLEIM, WHITE, BOROWICZ, HAMM, GREINER, PICKETT,
M. MACKENZIE, LEADBETER, JAMES, D'ORSIE, KAUFFMAN, M. BROWN,
RAPP, BANTA, MENTZER, WARNER, GROVE, KUZMA, SMITH, ROWE,
ZIMMERMAN, WALSH, REICHARD AND COOPER, JANUARY 17, 2025
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 17, 2025
AN ACT
Providing for sport activities in public institutions of higher
education and public school entities to be expressly
designated male, female or coed; and creating causes of
action for harms suffered by designation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Fairness in
Women's Sports Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Public institution of higher education." 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.
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(2) A rural regional college established under Article
XIX-G of the Public School Code of 1949.
(3) A university within the State System of Higher
Education under Article XX-A of the Public School Code of
1949.
(4) A State-related institution as defined in section
2001-C of the Public School Code of 1949.
(5) The Thaddeus Stevens College of Technology.
(6) The Pennsylvania College of Technology.
"Public school entity." Any of the following operating under
the Public School Code of 1949:
(1) A school district.
(2) An intermediate unit.
(3) An area career and technical school.
(4) A charter school, regional charter school or cyber
charter school.
"Sex." The biological distinction between male and female
based on reproductive biology and genetic makeup.
Section 3. Designation of athletic teams and sports.
(a) Duty.--An interscholastic, intercollegiate, intramural
or club athletic team or sport that is sponsored by a public
school entity, a public institution of higher education or a
school or institution where students or teams compete against a
public school entity or public institution of higher education
shall be expressly designated as one of the following based on
sex:
(1) Male, men or boys.
(2) Female, women or girls.
(3) Coed or mixed.
(b) Prohibition.--An athletic team or sport designated for
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females, women or girls under subsection (a)(2) may not be open
to students of the male sex.
(c) Limitations on restriction.--Nothing in this section
shall be construed to restrict the eligibility of a student to
participate in an interscholastic, intercollegiate, intramural
or club athletic team or sport designed for the student's sex or
designated coed or mixed.
Section 4. Protection for educational institutions.
A government entity, licensing or accrediting organization or
an athletic association or organization may not entertain a
complaint, open an investigation or take other adverse action
against a school or institution of higher education for
maintaining a separate interscholastic, intercollegiate,
intramural or club athletic team or sport for students of the
female sex.
Section 5. Cause of action.
(a) Deprivation of opportunity.--A student who is deprived
of an athletic opportunity or who suffers a direct or indirect
harm as a result of a known violation of section 3 may bring a
cause of action for injunctive relief, damages, psychological,
emotional and physical harm suffered, attorney fees and costs
and any other relief available under law against the school or
institution of higher education.
(b) Retaliation.--A student who is subject to retaliation or
other adverse action by a school, institution of higher
education or athletic association or organization as a result of
reporting a violation of section 3 to an employee or
representative of the school, institution or athletic
association or organization or to any Federal or State agency
with oversight of schools or institutions of higher education in
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Pennsylvania may bring a cause of action for injunctive relief,
damages, attorney fees and costs and any other relief available
under law against the school, institution or athletic
association or organization.
(c) School's cause of action.--A school or institution of
higher education that suffers direct or indirect harm as a
result of a violation of section 4 may bring a cause of action
for injunctive relief, damages and other relief available under
law against the government entity, licensing or accrediting
organization or athletic association or organization.
(d) Limitation.--A person may not bring a