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
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," in miscellaneous provisions relating
6 to institutions of higher education, providing for
7 prohibitions regarding ideological oaths or statements, for
8 prohibition on diversity, equity and inclusion offices and
9 employees, for statements required to be included in mission
10 statement, bylaws, faculty handbook and student handbook, for
11 certain mandatory training prohibited, for revoking tenure
12 for diversity, equity and inclusion violations and for
13 spending restricted; and imposing penalties.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
17 as the Public School Code of 1949, is amended by adding sections
18 to read:
19 Section 2005-I. Prohibitions regarding ideological oaths or
20 statements.
21 (a) Purpose.--The purpose of this section is to prohibit
22 public institutions of higher education from requiring or giving
23 preferential consideration for ideological oaths or statements
 1 that undermine academic freedom and open inquiry and impede the
2 discovery, preservation and transmission of knowledge.
3 (b) Prohibitions regarding ideological oaths or
4 statements.--
5 (1) A public institution of higher education may not
6 compel, require, induce or solicit a student enrolled at the
7 public institution of higher education, an employee or
8 contractor of the public institution of higher education or
9 an applicant for admission to or employment or contracting at
10 the public institution of higher education to:
11 (i) Endorse an ideology that promotes the
12 differential treatment of an individual or group of
13 individuals based on race, color or ethnicity.
14 (ii) Provide a statement of the person's:
15 (A) Race, color, ethnicity or national origin,
16 except to record any necessary demographic
17 information.
18 (B) Views on, experience with or past or planned
19 contributions to efforts involving diversity, equity
20 and inclusion, marginalized groups, antiracism,
21 social justice, intersectionality or related
22 concepts.
23 (C) Views on or experience with race, color,
24 ethnicity, national origin or other immutable
25 characteristics.
26 (iii) Provide preferential consideration to a
27 student enrolled at the public institution of higher
28 education, an employee or contractor of the public
29 institution of higher education or an applicant for
30 admission to or employment or contracting at the public
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 1 institution of higher education on the basis of the
2 person's unsolicited statement in support of an ideology
3 described by subparagraph (i).
4 (2) This section may not be construed to:
5 (i) Restrict academic research or coursework.
6 (ii) Prevent a person from providing to a public
7 institution of higher education information described by
8 paragraph (1) on the person's own initiative separate
9 from any specific requirement or request from the public
10 institution of higher education.
11 (iii) Prevent a public institution of higher
12 education from requiring an applicant for admission to or
13 employment or contracting at the public institution of
14 higher education to:
15 (A) Disclose or discuss the content of the
16 applicant's research or artistic creations.
17 (B) Certify compliance with Federal and State
18 antidiscrimination law.
19 (C) Discuss pedagogical approaches or experience
20 with students with learning disabilities.
21 (c) Reporting.--Beginning December 1, 2025, and not later
22 than December 1 of each year thereafter, each public institution
23 of higher education shall submit to the department, President
24 pro tempore of the Senate and the Speaker of the House of
25 Representatives a report certifying the public institution of
26 higher education's compliance with this section.
27 (d) Definitions.--As used in this section, the following
28 words and phrases shall have the meanings given to them in this
29 subsection unless the context clearly indicates otherwise:
30 "Department." The Department of Education of the
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 1 Commonwealth.
2 "Public institution of higher education." Includes the
3 following:
4 (1) A community college operating under Article XIX-A.
5 (2) A university within the State System of Higher
6 Education.
7 (3) The Pennsylvania State University, the University of
8 Pittsburgh, Temple University, Lincoln University or any
9 other institution designated as State-related by the
10 Commonwealth.
11 (4) The Thaddeus Stevens College of Technology.
12 (5) A college established under Article XIX-G.
13 Section 2006-I. Prohibition on diversity, equity and inclusion
14 offices and employees.
15 (a) Prohibition on diversity, equality and inclusion
16 offices.--A public institution of higher education may not
17 establish or maintain a diversity, equity and inclusion office
18 or hire or assign an employee of the public institution of
19 higher education or contract with a third party to perform the
20 duties of a diversity, equity and inclusion office.
21 (b) Construction.--Subsection (a) shall not be construed to
22 restrict any of the following:
23 (1) Academic course instruction.
24 (2) Research or creative works by a public institution
25 of higher education's students or faculty.
26 (3) Activities of student organizations registered with
27 or recognized by a public institution of higher education.
28 (4) Guest speakers or performers who may be invited to
29 speak or perform at a public institution of higher education
30 for short-term engagements.
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 1 (5) Health services provided by licensed professionals
2 at a public institution of higher education.
3 (6) Services provided by appropriate professionals at a
4 public institution of higher education to veterans of the
5 armed forces of the United States or persons with a physical
6 or cognitive disability.
7 (7) A public institution of higher education's ability
8 to:
9 (i) Respond to a request for information from a
10 grant-making agency or athletic association.
11 (ii) Collect data.
12 (iii) Prohibit the public institution of higher
13 education from:
14 (A) establishing or maintaining a legal office
15 or other unit, hiring or assigning an employee who is
16 an attorney or contracting with a third-party
17 attorney or law firm to ensure the public institution
18 of higher education's compliance with any applicable
19 court order or Federal or State law;
20 (B) establishing or maintaining an academic
21 department that does not establish policy or
22 procedures for other departments; or
23 (C) registering or recognizing student
24 organizations at the public institution of higher
25 education.
26 (c) Prohibition.--Nothing in this section shall be construed
27 to prohibit bona fide qualifications based on sex that are
28 reasonably necessary to the normal operation of a public
29 institution of higher education.
30 (d) Notification of Attorney General.--A person may notify
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 1 the Attorney General of a violation or potential violation of
2 this section by a public institution of higher education. The
3 Attorney General may file suit for a writ of mandamus compelling
4 the public institution of higher education to comply with this
5 section.
6 (e) Employee violations.--If a public institution of higher
7 education determines that an employee of the public institution
8 of higher education has violated this section, the public
9 institution of higher education shall:
10 (1) Take the following action against the employee:
11 (i) for a first violation, place the employee on
12 unpaid leave for the next academic year; or
13 (ii) for a subsequent violation, discharge the
14 employee.
15 (2) Report the determination and the action taken by the
16 public institution of higher education to the department.
17 (f) Records.--The department shall maintain and provide to
18 each public institution of higher education a list of persons
19 against whom action has been taken under subsection (e).
20 (g) Hiring.--A public institution of higher education may
21 not hire an employee who is included on the department's list
22 maintained under subsection (f) before:
23 (1) if the employee was placed on unpaid leave under
24 subsection (e)(1)(i), the end of the academic year for which
25 the employee is placed on unpaid leave; or
26 (2) if the employee was discharged under subsection (e)
27 (1)(ii), the fifth anniversary of the date on which the
28 employee was discharged.
29 (h) Penalty.--If the department determines that a public
30 institution of higher education has violated this section, the
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 1 department shall assess an administrative penalty against the
2 public institution of higher education in an amount equal to the
3 lesser of $1,000,000 or 1% of the amount of the public
4 institution of higher education's operating expenses budgeted
5 for the State fiscal year preceding the State fiscal year in
6 which the violation occurred. All money received from fines
7 shall be deposited into the General Fund.
8 (i) Penalty.--An administrative penalty collected under
9 subsection (h) may only be appropriated to a public institution
10 of higher education that the department determines has not
11 violated this section during the two State fiscal years
12 preceding the State fiscal year for which the appropriation is
13 made.
14 (j) Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection unless the context clearly indicates otherwise:
17 "Department." The Department of Education of the
18 Commonwealth.
19 "Diversity, equity and inclusion office." An office,
20 division or other unit of a public institution of higher
21 education established for the purpose of any of the following:
22 (1) Influencing hiring or employment practices at the
23 public institution of higher education with respect to race,
24 sex, color or ethnicity, other than through the use of color-
25 blind and sex-neutral hiring processes in accordance with any
26 applicable Federal and State antidiscrimination laws.
27 (2) Promoting differential treatment of or providing
28 special benefits to individuals on the basis of race, color
29 or ethnicity.
30 (3) Promoting policies or procedures designed or
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 1 implemented in reference to race, color or ethnicity, other
2 than policies or procedures approved in writing by the public
3 institution of higher education's General Counsel and the
4 Office of the Attorney General for the sole purpose of
5 ensuring compliance with any applicable court order or
6 Federal or State law.
7 (4) Conducting trainings, programs or activities
8 designed or implemented in reference to race, color,
9 ethnicity, gender identity or sexual orientation, other than
10 trainings, programs or activities developed by an attorney
11 and approved in writing by the public institution of higher
12 education's General Counsel and the Office of Attorney
13 General for the sole purpose of ensuring compliance with any
14 applicable court order or Federal or State law.
15 "Public institution of higher education." Includes the
16 following:
17 (1) A community college operating under Article XIX-A.
18 (2) A university within the State System of Higher
19 Education.
20 (3) The Pennsylvania State University, the University of
21 Pittsburgh, Temple University, Lincoln University or any
22 other institution designated as State-related by the
23 Commonwealth.
24 (4) The Thaddeus Stevens College of Technology.
25 (5) A college established under Article XIX-G.
26 "Training." As follows:
27 (1) The term includes a seminar, discussion group,
28 workshop or other instructional program, whether provided in
29 person, online or by any other means, with a purpose of
30 advising, counseling, influencing or teaching participants.
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 1 (2) The term does not include:
2 (i) an academic course offered for credit; or
3 (ii) an activity of a student organization
4 registered with or recognized by a public institution of
5 higher education that affects only the student
6 organization's members.
7 Section 2007-I. Statements required to be included in mission
8 statement, bylaws, faculty handbook and student
9 handbook.
10 (a) Institutional mission statements.--Each public
11 institution of higher education shall adopt an institutional
12 mission statement that includes, or incorporates into the public
13 institution of higher education's institutional mission
14 statement if the public institution of higher education has
15 already adopted an institutional mission statement, the
16 following statements in whole and without interruption:
17 (1) "We affirm that (name of institution) will educate
18 students by means of free, open and rigorous intellectual
19 inquiry to seek the truth."
20 (2) "We affirm our duty to equip students with the
21 intellectual skills they need to reach their own informed
22 conclusions on matters of social and political importance."
23 (3) "We affirm the value of viewpoint diversity in
24 campus intellectual life, including in faculty recruitment
25 and hiring."
26 (4) "We affirm our duty to ensure that no aspects of
27 (name of institution) life, inside or outside the classroom,
28 require, favor, disfavor or prohibit speech or action that
29 supports any political, social or religious belief."
30 (5) "We affirm our commitment to create a community
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 1 dedicated to civil and free inquiry that respects the
2 intellectual freedom of each member, supports individual
3 capacities for growth and tolerates the differences in
4 opinion that naturally occur in a public university
5 community."
6 (6) "We affirm the value of institutional neutrality:
7 that public institutions of higher education should not take
8 collective positions on political and social controversies of
9 the day."
10 (7) "These values take priority over any other value we
11 may also adopt."
12 (b) Institutional bylaws.--Each public institution of higher
13 education shall incorporate into the public institution of
14 higher education's bylaws, faculty handbook and student handbook
15 the substance of the following reports issued by the University
16 of Chicago:
17 (1) The Report of the Committee on Freedom of
18 Expression.
19 (2) The Kalven Committee Report on the University's Role
20 in Political and Social Action.
21 (c) Definitions.--As used in this section, the following
22 words and phrases shall have the meanings given to them in this
23 subsection unless the context clearly indicates otherwise:
24 "Department." The Department of Edu