1Amending the act of July 17, 1961 (P.L.776, No.341), entitled
2"An act declaring the policy of the Commonwealth with regard
3to discriminatory practices in educational institutions based
4upon race, religion, color, ancestry, national origin or sex;
5prohibiting such discriminatory practices; providing for
6procedure and enforcement; providing for judicial review;
7providing for administration by the Pennsylvania Human
8Relations Commission in the Department of Labor and Industry;
9and defining its functions, powers and duties hereunder.
10(Title amended Dec. 29, 1972, P.L.1682, No.360)," further
11providing for findings and declaration of policy, for unfair
12educational practices, for powers and duties of the
13commission and for construction.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. Sections 2(a), (b) and (c), 4(a)(1), (2) and (3)
17and (a.1)(1), (2) and (3), 6(4) and 9(a) and (c) of the act July
1817, 1961 (P.L.776, No.341), known as the Pennsylvania Fair
19Educational Opportunities Act, amended December 22, 1992
20(P.L.1688, No.187), are amended to read:

21Section 2. Findings and Declaration of Policy.--(a) It is
22hereby declared to be the policy of this Commonwealth that all
23persons shall have equal opportunities for education regardless

1of their race, religion, color, ancestry, sexual orientation, 
2gender identity or expression, age, national origin, sex,
3handicap or disability.

4(b) Equality of educational opportunities requires that
5students, otherwise qualified, be admitted to certain
6educational institutions without regard to race, religion,
7color, ancestry, sexual orientation, gender identity or 
8expression, age, national origin, sex, handicap or disability.

9(c) It is recognized that there is a fundamental American
10right for members of various religious faiths to establish and
11maintain educational institutions exclusively or primarily for
12students of their own religious faith. In such institutions
13students, otherwise qualified, should have equal opportunity to
14attend therein without discrimination because of race, color,
15ancestry, sexual orientation, gender identity or expression, 
16age, national origin, handicap or disability or, except as
17provided in section 9, sex.

18* * *

19Section 4. Unfair Educational Practices.--(a) Except as
20provided in section 9, it shall be an unfair educational
21practice for an educational institution--

22(1) To exclude or limit, or otherwise discriminate, because
23of race, religion, color, ancestry, sexual orientation, gender 
24identity or expression, age, national origin, sex, handicap or
25disability, against any student or students seeking admission as
26students to such institutions: Provided, That it shall not be
27unfair educational practice for any educational institution to
28use criteria other than race, religion, color, ancestry, sexual 
29orientation, gender identity or expression, age, national
30origin, sex, handicap or disability in the admission of

1students.

2(2) To make any written or oral inquiry prior to admission
3concerning or designed to elicit information as to the race,
4religion, color, ancestry, sexual orientation, gender identity 
5or expression, age, national origin, sex, handicap or disability
6of a student seeking admission to such institution.

7(3) To expel, suspend, punish, deny facilities or otherwise
8discriminate against any student because of race, religion,
9color, ancestry, sexual orientation, gender identity or 
10expression, age, national origin, sex, handicap or disability.

11* * *

12(a.1) Except as provided in section 9, it shall be an unfair
13educational practice for a religious educational institution--

14(1) To exclude or limit, or otherwise discriminate, because
15of race, color, ancestry, sexual orientation, gender identity or 
16expression, age, national origin, sex, handicap or disability,
17against any student or students seeking admission as students to
18such institutions: Provided, That it shall not be unfair
19educational practice for any religious educational institution
20to use criteria other than race, color, ancestry, sexual 
21orientation, gender identity or expression, age, national
22origin, sex, handicap or disability in the admission of
23students.

24(2) To make any written or oral inquiry prior to admission
25concerning or designed to elicit information as to the race,
26color, ancestry, sexual orientation, gender identity or 
27expression, age, national origin, sex, handicap or disability of
28a student seeking admission to such institution.

29(3) To expel, suspend, punish, deny facilities or otherwise
30discriminate against any student because of race, color,

1ancestry, sexual orientation, gender identity or expression, 
2age, national origin, sex, handicap or disability.

3* * *

4Section 6. Powers and Duties of the Commission.--Without in
5anywise detracting from, or in derogation or diminution of the
6duties of the commission as set forth in the act of October 27,
71955 (P.L.744), known as the "Pennsylvania Human Relations Act,"
8said commission is hereby vested with the following powers and
9duties--

10* * *

11(4) To formulate, recommend and carry out a comprehensive
12program designed to eliminate and prevent prejudice and
13discrimination in educational institutions, based upon race,
14religion, color, ancestry, sexual orientation, gender identity 
15or expression, age, national origin, sex, handicap or disability
16except religious discrimination in religious or denominational
17institutions and except, as to sex, as provided in section 9.

18* * *

19Section 9. Construction.--(a) The provisions of this act
20shall be construed liberally for the accomplishment of the
21purposes thereof and any law inconsistent with any provisions
22hereof shall not apply. Nothing contained in this act shall be
23deemed to repeal any of the provisions of any law of this
24Commonwealth relating to discrimination because of race,
25religion, color, ancestry, sexual orientation, gender identity 
26or expression, age, national origin, sex, handicap or
27disability. This act shall not be construed to prohibit any
28educational institution which is neither State-owned nor State-
29related, nor State-aided, from drawing its enrollment entirely
30from members of one sex or from the sexes in any proportion, nor

1shall anything herein contained prevent any educational
2institution which is State-owned, State-related or State-aided
3from requiring each applicant for admission to state in the
4application for admission such applicant's sex to supplement and
5implement the institution's facts for planning purposes but only
6for such planning purposes and not for any discriminatory
7purposes. For the purpose of this section the term "State-owned"
8institution means the institutions comprising the State System
9of Higher Education; the term "State-related" institutions means
10the University of Pittsburgh, Temple University, Lincoln
11University and the Pennsylvania State University; the term
12"State-aided" institution means the Delaware Valley College of
13Science and Agriculture, Drexel University, Hahnemann
14University, Thomas Jefferson University, the Medical College of
15Pennsylvania, University of Pennsylvania, Pennsylvania College
16of Podiatric Medicine, Pennsylvania College of Optometry,
17Philadelphia College of Osteopathic Medicine, Philadelphia
18College of Textiles and Science, and University of the Arts.

19* * *

20(c) Except as provided in section 7.1, nothing contained in
21this act shall be deemed to repeal or supersede any of the
22provisions of any existing or hereafter adopted municipal
23ordinance, municipal charter or of any law of this Commonwealth
24relating to discrimination because of race, color, ancestry,
25sexual orientation, gender identity or expression, age, sex,
26religion, national origin or handicap or disability. As to acts
27declared unlawful by section 4, the procedure provided in
28section 7.1 shall, when invoked, be exclusive. Any final
29determination under section 7.1 shall exclude any other action,
30civil or criminal, based on the same grievance without resorting

1to the procedure provided in this act, and such complainant may
2not subsequently resort to the procedure in this act. In the
3event of a conflict between the interpretation of a provision of
4this act and the interpretation of a similar provision contained
5in any municipal ordinance, the interpretation of the provision
6in this act shall apply to the municipal ordinance.

7Section 2. This act shall take effect in 60 days.