PRINTER'S NO. 1079
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.987
Session of
2025
INTRODUCED BY M. MACKENZIE, HAMM, KAUFFMAN, SCIALABBA, KUZMA,
BANTA AND ZIMMERMAN, MARCH 24, 2025
REFERRED TO COMMITTEE ON EDUCATION, MARCH 24, 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 miscellaneous provisions relating
to institutions of higher education, providing for
prohibitions regarding ideological oaths or statements, for
prohibition on diversity, equity and inclusion offices and
employees, for statements required to be included in mission
statement, bylaws, faculty handbook and student handbook, for
certain mandatory training prohibited, for revoking tenure
for diversity, equity and inclusion violations and for
spending restricted; and imposing penalties.
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 sections
to read:
Section 2005-I. Prohibitions regarding ideological oaths or
statements.
(a) Purpose.--The purpose of this section is to prohibit
public institutions of higher education from requiring or giving
preferential consideration for ideological oaths or statements
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23 that undermine academic freedom and open inquiry and impede the
discovery, preservation and transmission of knowledge.
(b) Prohibitions regarding ideological oaths or
statements.--
(1) A public institution of higher education may not
compel, require, induce or solicit a student enrolled at the
public institution of higher education, an employee or
contractor of the public institution of higher education or
an applicant for admission to or employment or contracting at
the public institution of higher education to:
(i) Endorse an ideology that promotes the
differential treatment of an individual or group of
individuals based on race, color or ethnicity.
(ii) Provide a statement of the person's:
(A) Race, color, ethnicity or national origin,
except to record any necessary demographic
information.
(B) Views on, experience with or past or planned
contributions to efforts involving diversity, equity
and inclusion, marginalized groups, antiracism,
social justice, intersectionality or related
concepts.
(C) Views on or experience with race, color,
ethnicity, national origin or other immutable
characteristics.
(iii) Provide preferential consideration to a
student enrolled at the public institution of higher
education, an employee or contractor of the public
institution of higher education or an applicant for
admission to or employment or contracting at the public
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30 institution of higher education on the basis of the
person's unsolicited statement in support of an ideology
described by subparagraph (i).
(2) This section may not be construed to:
(i) Restrict academic research or coursework.
(ii) Prevent a person from providing to a public
institution of higher education information described by
paragraph (1) on the person's own initiative separate
from any specific requirement or request from the public
institution of higher education.
(iii) Prevent a public institution of higher
education from requiring an applicant for admission to or
employment or contracting at the public institution of
higher education to:
(A) Disclose or discuss the content of the
applicant's research or artistic creations.
(B) Certify compliance with Federal and State
antidiscrimination law.
(C) Discuss pedagogical approaches or experience
with students with learning disabilities.
(c) Reporting.--Beginning December 1, 2025, and not later
than December 1 of each year thereafter, each public institution
of higher education shall submit to the department, President
pro tempore of the Senate and the Speaker of the House of
Representatives a report certifying the public institution of
higher education's compliance with this section.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Department." The Department of Education of the
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30 Commonwealth.
"Public institution of higher education." Includes the
following:
(1) A community college operating under Article XIX-A.
(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
Commonwealth.
(4) The Thaddeus Stevens College of Technology.
(5) A college established under Article XIX-G.
Section 2006-I. Prohibition on diversity, equity and inclusion
offices and employees.
(a) Prohibition on diversity, equality and inclusion
offices.--A public institution of higher education may not
establish or maintain a diversity, equity and inclusion office
or hire or assign an employee of the public institution of
higher education or contract with a third party to perform the
duties of a diversity, equity and inclusion office.
(b) Construction.--Subsection (a) shall not be construed to
restrict any of the following:
(1) Academic course instruction.
(2) Research or creative works by a public institution
of higher education's students or faculty.
(3) Activities of student organizations registered with
or recognized by a public institution of higher education.
(4) Guest speakers or performers who may be invited to
speak or perform at a public institution of higher education
for short-term engagements.
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at a public institution of higher education.
(6) Services provided by appropriate professionals at a
public institution of higher education to veterans of the
armed forces of the United States or persons with a physical
or cognitive disability.
(7) A public institution of higher education's ability
to:
(i) Respond to a request for information from a
grant-making agency or athletic association.
(ii) Collect data.
(iii) Prohibit the public institution of higher
education from:
(A) establishing or maintaining a legal office
or other unit, hiring or assigning an employee who is
an attorney or contracting with a third-party
attorney or law firm to ensure the public institution
of higher education's compliance with any applicable
court order or Federal or State law;
(B) establishing or maintaining an academic
department that does not establish policy or
procedures for other departments; or
(C) registering or recognizing student
organizations at the public institution of higher
education.
(c) Prohibition.--Nothing in this section shall be construed
to prohibit bona fide qualifications based on sex that are
reasonably necessary to the normal operation of a public
institution of higher education.
(d) Notification of Attorney General.--A person may notify
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30 the Attorney General of a violation or potential violation of
this section by a public institution of higher education. The
Attorney General may file suit for a writ of mandamus compelling
the public institution of higher education to comply with this
section.
(e) Employee violations.--If a public institution of higher
education determines that an employee of the public institution
of higher education has violated this section, the public
institution of higher education shall:
(1) Take the following action against the employee:
(i) for a first violation, place the employee on
unpaid leave for the next academic year; or
(ii) for a subsequent violation, discharge the
employee.
(2) Report the determination and the action taken by the
public institution of higher education to the department.
(f) Records.--The department shall maintain and provide to
each public institution of higher education a list of persons
against whom action has been taken under subsection (e).
(g) Hiring.--A public institution of higher education may
not hire an employee who is included on the department's list
maintained under subsection (f) before:
(1) if the employee was placed on unpaid leave under
subsection (e)(1)(i), the end of the academic year for which
the employee is placed on unpaid leave; or
(2) if the employee was discharged under subsection (e)
(1)(ii), the fifth anniversary of the date on which the
employee was discharged.
(h) Penalty.--If the department determines that a public
institution of higher education has violated this section, the
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30 department shall assess an administrative penalty against the
public institution of higher education in an amount equal to the
lesser of $1,000,000 or 1% of the amount of the public
institution of higher education's operating expenses budgeted
for the State fiscal year preceding the State fiscal year in
which the violation occurred. All money received from fines
shall be deposited into the General Fund.
(i) Penalty.--An administrative penalty collected under
subsection (h) may only be appropriated to a public institution
of higher education that the department determines has not
violated this section during the two State fiscal years
preceding the State fiscal year for which the appropriation is
made.
(j) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Diversity, equity and inclusion office." An office,
division or other unit of a public institution of higher
education established for the purpose of any of the following:
(1) Influencing hiring or employment practices at the
public institution of higher education with respect to race,
sex, color or ethnicity, other than through the use of color-
blind and sex-neutral hiring processes in accordance with any
applicable Federal and State antidiscrimination laws.
(2) Promoting differential treatment of or providing
special benefits to individuals on the basis of race, color
or ethnicity.
(3) Promoting policies or procedures designed or
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30 implemented in reference to race, color or ethnicity, other
than policies or procedures approved in writing by the public
institution of higher education's General Counsel and the
Office of the Attorney General for the sole purpose of
ensuring compliance with any applicable court order or
Federal or State law.
(4) Conducting trainings, programs or activities
designed or implemented in reference to race, color,
ethnicity, gender identity or sexual orientation, other than
trainings, programs or activities developed by an attorney
and approved in writing by the public institution of higher
education's General Counsel and the Office of Attorney
General for the sole purpose of ensuring compliance with any
applicable court order or Federal or State law.
"Pu blic institution of higher education." Includes the
following:
(1) A community college operating under Article XIX-A.
(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
Commonwealth.
(4) The Thaddeus Stevens College of Technology.
(5) A college established under Article XIX-G.
"Training." As follows:
(1) The term includes a seminar, discussion group,
workshop or other instructional program, whether provided in
person, online or by any other means, with a purpose of
advising, counseling, influencing or teaching participants.
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30 (2) The term does not include:
(i) an academic course offered for credit; or
(ii) an activity of a student organization
registered with or recognized by a public institution of
higher education that affects only the student
organization's members.
Section 2007-I. Statements required to be included in mission
statement, bylaws, faculty handbook and student
handbook.
(a) Institutional mission statements.--Each public
institution of higher education shall adopt an institutional
mission statement that includes, or incorporates into the public
institution of higher education's institutional mission
statement if the public institution of higher education has
already adopted an institutional mission statement, the
following statements in whole and without interruption:
(1) "We affirm that (name of institution) will educate
students by means of free, open and rigorous intellectual
inquiry to seek the truth."
(2) "We affirm our duty to equip students with the
intellectual skills they need to reach their own informed
conclusions on matters of social and political importance."
(3) "We affirm the value of viewpoint diversity in
campus intellectual life, including in faculty recruitment
and hiring."
(4) "We affirm our duty to ensure that no aspects of
(name of institution) life, inside or outside the classroom,
require, favor, disfavor or prohibit speech or action that
supports any political, social or religious belief."
(5) "We affirm our commitment to create a community
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30 dedicated to civil and free inquiry that respects the
intellectual freedom of each member, supports individual
capacities for growth and tolerates the differences in
opinion that naturally occur in a public university
community."
(6) "We affirm the value of institutional neutrality:
that public institutions of higher education should not take
collective positions on political and social controversies of
the day."
(7) "These values take priority over any other value we
may also adopt."
(b) Institutional bylaws.--Each public institution of higher
education shall incorporate into the public institution of
higher education's bylaws, faculty handbook and student handbook
the substance of the following reports issued by the University
of Chicago:
(1) The Report of the Committee on Freedom of
Expression.
(2) The Kalven Committee Report on the University's Role
in Political and Social Action.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Public institution of higher education." Includes the
following:
(1) A community college operating under Article XIX-A.
(2) A university within the State System of Higher
Education.
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Pittsburgh, Temple University, Lincoln University or any
other institution designated as State-related by the
Commonwealth.
(4) The Thaddeus Stevens College of Technology.
(5) A college established under Article XIX-G.
Section 2008-I. Certain mandatory training prohibited.
(a) Prohibition of diversity, equity and inclusion
training.--A public institution of higher education may not
require a student, employee or applicant for employment at the
public institution of higher education to participate in
training on diversity, equity, inclusion, bias, oppression,
gender identity or related concepts as a condition of:
(1) Admission to or enrollment at the public institution
of higher education.
(2) Employment or promotion at the public institution of
higher education.
(3) Participation in any function of the public
institution of higher education.
(4) Graduation from the public institution of higher
education.
(b) Construction.--Subsection (a) shall not be construed to:
(1) limit the academic freedom of any individual faculty
member to direct the instruction of a course taught by the
faculty member; or
(2) prohibit any training:
(i) Developed by an attorney and approved in writing
by the public institution of higher education's General
Counsel and the Office of Attorney General as being
required to comply with any applicable court order or
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30 Federal or State law.
(ii) For which the materials are made publicly
available on the public institution of higher education's
Internet website.
(c) Notification of Attorney General.--A person may notify
the Attorney General of a violation or potential violation of
this section by a public institution of higher education. The
Attorney General may file suit for a writ of mandamus compelling
the public institution of higher education to comply with this
section.
(d) Student and employee recourse.--A student or employee of
a public institution of higher education who is required to
participate in training in violation of this section may bring
an action against the public institution of higher education for
injunctive or declaratory relief.
(e) Institution response to violation.--If a public
institution of higher education determines that an employee of
the public institution of higher education has violated this
section, the public institution of higher education shall:
(1) Take the following action against the employee:
(i) for the first violation, place the employee on
unpaid leave for the next academic year; or
(ii) for a subsequent violation, discharge the
employee and report the determination and the action
taken by the public institution of higher education to
the department.
(2) The department shall maintain and provide to each
public institution of higher education a list of persons
against whom action has been taken under paragraph (1).
(f) Hiring.--A public institution of higher education may
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30 not hire an employee who is included on the department's list
maintained under subsection (e) before:
(1) if the employee was placed on unpaid leave under
subsection (e)(1)(i), the end of the academic year for which
the employee is placed on unpaid leave; or
(2) if the employee was discharged under subsection (e)
(1)(ii), the fifth anniversary of the date on which the
employee was discharged.
(g) Penalty.--If the department determines that a public
institution of higher education has violated this section, the
department shall assess an administrative penalty against the
public institution of higher education in an amount equal to the
lesser of $1,000,000 or 1% of the amount of the public
institution of higher education's operating expenses budgeted
for the State fiscal year preceding the State fiscal year in
which the violation occurred.
(h) Appropriation.--An administrative penalty collected
under subsection (g) may only be appropriated to a public
institution of higher education that the department determines
has not violated this section during the two State fiscal years
preceding the State fiscal year for which the appropriation is
made.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Public institution of higher education." Includes the
following:
(1) A community college operating under Article XIX-A.
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30 (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
Commonwealth.
(4) The Thaddeus Stevens College of Technology.
(5) A college established under Article XIX-G.
"Training." As follows:
(1) The term includes a training, seminar, discussion
group, workshop or other instructional program, whether
provided in person, online or by any other means, with a
purpose of advising, counseling, influencing or teaching
participants.
(2) The term does not include:
(i) An academic course offered for credit.
(ii) An activity of a student organization
registered with or recognized by a public institution of
higher education that affects only the organization's
members.
Section 2009-I. Revoking tenure for diversity, equity and
inclusion violations.
For purposes of this section, good cause for revoking the
tenure of a faculty member includes the faculty member's
violation of section 2006-I(e)(ii) or section 2008-I(e)(ii).
Section 2010-I. Spending restricted.
A public institution of higher education may not spend money
appropriated by the General Assembly for the State fiscal year
beginning July 1, 2027, and each fiscal year thereafter, until
the public institution of higher education's governing board has
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30 filed with the department and posted on the public institution
of higher education's publicly accessible Internet website a
report that states the steps taken by the public institution of
higher education to comply with sections 2005-I, 2006-I, 2007-I,
2008-I and 2009-I.
Section 2. The addition of sections 2005-I, 2006-I, 2007-I,
2008-I and 2009-I of the act shall apply beginning with the
2026-2027 academic year.
Section 3. This act shall take effect immediately.
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