Regular Session 2021-2022 House Bill 1532 P.N. 1679

PRINTER'S NO. 1679

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1532

Session of

2021

INTRODUCED BY DIAMOND, GLEIM, METCALFE, BOROWICZ, HAMM,

KAUFFMAN, KEEFER, M. MACKENZIE, ROWE, RYAN, SMITH, STAATS,

ZIMMERMAN, MOUL, COX, LEWIS, GROVE AND MUSTELLO, JUNE 7, 2021

REFERRED TO COMMITTEE ON EDUCATION, JUNE 7, 2021

AN ACT

Providing for restrictions on racist and sexist concepts, for

contracts, for penalty and for private cause of action.

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 Teaching

Racial and Universal Equality 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:

"Contractor." An individual, organization, corporation or

business of any kind that enters into a contract, or a

subcontract pursuant to a contract, with a Commonwealth, county

or municipal agency, public school district entity or public

postsecondary educational institution.

"Postsecondary institution." As defined under section 2001-J

of the act of March 10, 1949 (P.L.30, No.14), known as the

Public School Code of 1949.

"Public postsecondary institution." A postsecondary

institution that receives funding, in any amount, from the

Commonwealth.

"Racist or sexist concept." Any of the following concepts:

(1) One race or sex is inherently superior to another

race or sex.

(2) An individual, by virtue of race or sex, is

inherently racist, sexist or oppressive, whether consciously

or unconsciously.

(3) An individual should be discriminated against or

receive adverse treatment due to the individual's race or

sex.

(4) An individual should receive favorable treatment due

to the individual's race or sex.

(5) An individual or institution cannot or should not

treat individuals without regard to race or sex.

(6) An individual's moral character is determined by the

individual's race or sex.

(7) An individual, by virtue of the individual's race or

sex, bears responsibility for actions committed in the past

by members of the individual's race or sex.

(8) Meritocracy or merit-based systems are either racist

or sexist.

(9) The United States of America or the Commonwealth of

Pennsylvania is fundamentally racist or sexist.

"School district." As defined under section 102 of the

Public School Code of 1949.

Section 3. Communication and actions by public entities.

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(a) General rule.--No communication by a Commonwealth,

county or municipal agency, school district or public

postsecondary institution, or an official representative, shall

adopt, express or promote any racist or sexist concept.

(b) Penalty prohibited.--No employee, contractor, staff

member or student in a Commonwealth, county or municipal agency,

school district or public postsecondary institution shall face a

penalty or adverse treatment due to a refusal to support,

believe, endorse, embrace, confess, act upon or otherwise assent

to an racist or sexist concept.

municipal agency, school district or public postsecondary

institution shall use any funds to express, publish, advertise

or promote any racist or sexist concept.

Section 4. Educational instruction at schools and public

postsecondary institutions receiving public funds.

The following shall apply:

(1) No instructor, teacher or professor at a public

school district or public postsecondary institution shall:

(i) teach, advocate or encourage the adoption of a

racist or sexist concept while instructing students; or

(ii) penalize or treat adversely a student who

refuses to adopt or express any racist or sexist concept.

(2) No public school district or public postsecondary

institution shall:

(i) host, pay or provide a venue for a speaker who

espouses, advocates or promotes any racist or sexist

concept; or

(ii) require a student to read, view or listen to a

book, article, video presentation, digital presentation

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or other learning material that espouses, advocates or

promotes a racist or sexist concept.

Section 5. Requirements for public contractors.

(a) General rule.--A contract entered into by a

Commonwealth, county or municipal agency, school district or

public postsecondary educational institution with a contractor

after the effective date of this section shall include the

following provision:

During the performance of this contract, the contractor shall

not engage in workplace training that teaches or encourages

the contractor's employees to engage in any form of the

following racist or sexist concepts:

(1) One race or sex is inherently superior to another

race or sex.

(2) An individual, by virtue of the individual's race or

sex, is inherently racist, sexist or oppressive, whether

consciously or unconsciously.

(3) An individual should be discriminated against or

receive adverse treatment due to the individual's race or

sex.

(4) An individual should receive favorable treatment due

to the individual's race or sex.

(5) An individual or institution cannot or should not

treat individuals without regard to race or sex.

(6) An individual's moral character is determined by the

individual's race or sex.

(7) An individual, by virtue of the individual's race or

sex, bears responsibility for actions committed in the past

by members of the individual's race or sex.

(8) Meritocracy or merit-based systems are either racist

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or sexist.

(b) Noncompliance.--In the event of a contractor's

noncompliance with the requirements of this section, or with any

rules, regulations or policies that may be promulgated in

accordance with this section, the contract may be canceled,

terminated or suspended, in whole or in part, and the contractor

may be declared ineligible for further government contracts.

provisions of this section in each subcontract, so that the

provisions shall be binding upon each subcontractor.

Section 6. Enforcement.

(a) Investigations.--The Attorney General shall investigate

any complaint by a resident of this Commonwealth that a

Commonwealth, county or municipal agency, school district entity

or public postsecondary institution has violated a provision of

this act.

(b) Publish conclusion.--The following shall apply:

(1) If the Attorney General, after conducting an

investigation of a complaint under subsection (a), finds that

the Commonwealth, county or municipal agency, school district

entity or public postsecondary institution has not violated a

provision of this act, the Attorney General shall publish

that conclusion and underlying findings.

(2) If the Attorney General, after conducting an

investigation of a complaint, concludes that the

Commonwealth, county or municipal agency, school district

entity or public postsecondary institution has violated a

provision of this act, the Attorney General shall:

(i) publish the conclusion and underlying findings;

and

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(ii) order the cessation of the transfer of

Commonwealth funds to the violating entity or institution

for the remainder of the fiscal year and for the entirety

of the next fiscal year.

appeal the Attorney General's determination in the appropriate

court of common pleas.

Section 7. Private cause of action.

The following shall apply:

(1) A resident of this Commonwealth shall have standing

and a private cause of action to file a civil complaint in a

court of common pleas against a Commonwealth, county or

municipal agency, school district entity or public

postsecondary institution claiming that the entity or

institution has violated a provision of this act.

(2) If a court finds that the Commonwealth, county or

municipal agency, school district entity or public

postsecondary institution has violated a provision of this

act, the court shall enjoin the violating entity or

institution from receiving funding from the Commonwealth in

the following fiscal year and shall award costs and attorney

fees to the complainant.

Section 8. Severability.

The provisions of this act are severable. If any provision of

this act or its application to any person or circumstance is

held invalid, the invalidity shall not affect other provisions

or applications of this act which can be given effect without

the invalid provision or application.

Section 9. Effective date.

This act shall take effect in 60 days.

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