PRINTER'S NO. 1325
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
919
Session of
2021
INTRODUCED BY D. MILLER, BENHAM, HILL-EVANS, SANCHEZ,
HOHENSTEIN, D. WILLIAMS, WARREN, BRIGGS, MADDEN, SIMS AND
SCHWEYER, APRIL 21, 2021
REFERRED TO COMMITTEE ON EDUCATION, APRIL 21, 2021
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 preliminary provisions, providing
for prohibition against discrimination in athletics.
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 a
section to read:
Section 129. Prohibition Against Discrimination in
Athletics.--(a) An educational institution subject to Title IX
of the Education Amendments of 1972 (Public Law 92-318, 20
U.S.C. Ch. 38) with respect to interscholastic or
intercollegiate athletics shall:
(1) Perform an annual evaluation of compliance by the
educational institution with the regulations under 34 CFR 106.41
(relating to athletics). The following apply:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(i) Not later than November 1 of each year, the educational
institution shall report to the Department of Education the
findings of the evaluation regarding the preceding school year
or academic year.
(ii) The educational institution shall publish a
comprehensive report of the evaluation on an annual basis and
post the report on the publicly accessible Internet website of
the educational institution.
(2) Designate an employe of the educational institution as
the Title IX coordinator of the educational institution. The
educational institution shall:
(i) Provide the employe with appropriate training regarding
Title IX of the Education Amendments of 1972 .
(ii) Post the name and contact information of the employe on
the publicly accessible Internet website of the educational
institution.
(3) Suspend an athletic director from responsibilities
regarding athletics for three years if the athletic director
does not:
(i) Achieve compliance with this section before January 1,
2025.
(ii) Maintain compliance with this section for at least six
months in each twelve-month period that begins on or after
January 1, 2025.
(4) Preserve the educational institution's athletic program
standing and all athletic opportunities to the greatest extent
possible, with all other available and prudent athletic program
cost-cutting options implemented in accordance with the
requirements under Title IX of the Education Amendments of 1972 .
(b) As used in this section, the following words and phrases
20210HB0919PN1325 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Educational institution." As defined in Title IX of the
Education Amendments of 1972 (Public Law 92-318, 20 U.S.C. §
1681(c)). The term includes the following:
(1) A school entity operating within this Commonwealth,
including the following:
(i) A school district.
(ii) A public school.
(iii) A nonpublic school.
(iv) A private school.
(v) An intermediate unit.
(vi) A charter school.
(vii) A cyber charter school.
(viii) A regional charter school.
(ix) An area career and technical school.
(2) An i nstitution of higher education, including the
following:
(i) A university within the State System of Higher Education
under Article XX-A.
(ii) The Pennsylvania State University, the University of
Pittsburgh, Temple University, Lincoln University or any other
institution designated as State-related by the Commonwealth.
(iii) The Thaddeus Stevens College of Technology.
(iv) A community college under Article XIX-A.
(v) A college established under Article XIX-G.
(vi) An institution of higher education located in and
incorporated or chartered by the Commonwealth and entitled to
confer degrees as specified in 24 Pa.C.S. § 6505 (relating to
power to confer degrees) and as provided for by the standards
20210HB0919PN1325 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
and qualifications prescribed by the State Board of Education
under 24 Pa.C.S. Ch. 65 (relating to private colleges,
universities and seminaries).
(vii) A private school licensed under the act of December
15, 1986 (P.L.1585, No.174), known as the "Private Licensed
Schools Act."
(viii) A foreign corporation approved to operate an
educational enterprise under 22 Pa. Code Ch. 36 (relating to
foreign corporation standards).
Section 2. This act shall take effect in 60 days.
20210HB0919PN1325 - 4 -
1
2
3
4
5
6
7
8
9
10