Regular Session 2021-2022 House Bill 2521 P.N. 3001

PRINTER'S NO. 3001

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2521

Session of

2022

INTRODUCED BY GLEIM, HAMM, JONES, KEEFER, LEWIS DELROSSO, MOUL,

ROTHMAN, RYAN, SAYLOR AND STAMBAUGH, APRIL 18, 2022

REFERRED TO COMMITTEE ON EDUCATION, APRIL 18, 2022

AN ACT

Prohibiting public school entities from engaging in certain

communications and actions involving prohibited

indoctrination; and providing for requirements for public

contractors and for enforcement.

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 Anti-

Indoctrination in Teaching 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 that enters into a contract, or a subcontract pursuant

to a contract, with a public school entity.

"Department." The Department of Education of the

Commonwealth.

"Professional employee." As the term "professional employe"

is defined in section 1101(1) of the act of March 14, 1949

(P.L.30, No.14), known as the Public School Code of 1949.

"Public school entity." A school district, intermediate

unit, area career and technical school, charter school, cyber

charter school or regional charter school.

Section 3. Communication and actions by public school entities.

(a) Prohibited indoctrination.--No communication by a public

school entity, an official representative thereof, professional

employee or guest speaker shall compel a person to adopt,

affirm, adhere to or profess an idea in violation of Title IV

and Title VI of the Civil Rights Act of 1964 (Public Law 88-352,

78 Stat. 241), including that:

(1) People of one age, sex, gender identity, sexual

orientation, race, creed, color, marital status, familial

status, mental or physical disability, religion or national

origin, are inherently superior or inferior to people of

another age, sex, gender identity, sexual orientation, race,

creed, color, marital status, familial status, mental or

physical disability, religion or national origin.

(2) An individual should be discriminated against or

receive adverse treatment solely or partly because of the

individual's age, sex, gender identity, sexual orientation,

race, creed, color, marital status, familial status, mental

or physical disability, religion or national origin.

(3) People of one age, sex, gender identity, sexual

orientation, race, creed, color, marital status, familial

status, mental or physical disability, religion or national

origin cannot and should not attempt to treat others equally

and without regard to age, sex, gender identity, sexual

orientation, race, creed, color, marital status, familial

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status, mental or physical disability, religion or national

origin.

(b) Construction.--Nothing in this section shall be

construed to prohibit the discussion of ideas and history of the

concepts described in subsection (a) or shall be construed to

prohibit the discussion of public policy issues of the day or

ideas that individuals may find unwelcome, disagreeable or

offensive.

professional employee, contractor or student in a public school

entity may face a penalty or adverse treatment due to a refusal

to engage in prohibited indoctrination.

(d) Use of funds prohibited.--No public school entity may

use funds from any source to engage in prohibited

indoctrination.

(e) Teacher training.--The department shall develop and make

available to professional employees technical assistance,

guidance and professional development in accordance with the

following principles:

(1) For education to create citizens capable of self-

government, students need to engage with a variety of

viewpoints on challenging issues, led by a professional

employee who understands that there is greater value in

promoting independent thinking than in advancing the

employee's own beliefs.

(2) A professional employee should be prepared to engage

students in academic discussions about all topics, so long as

the employee imparts vital knowledge and skills without

imposing the employee's own beliefs.

(3) A professional employee should be prepared to

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address challenging issues in the classroom, not avoid them.

(4) A professional employee should be prepared to help

students become discerning consumers of information, to

evaluate and analyze information, to question and verify the

credibility of the information's source and to make their own

reasoned judgments supported by evidence.

Section 4. Requirements for public contractors.

(a) Statement in contract.--A contract entered into by a

public school entity with a contractor after the effective date

of this section shall include the following statement:

"During the performance of this contract, the contractor

may not engage in workplace training of a professional

employee that includes prohibited indoctrination as

defined in the Anti-Indoctrination in Teaching Act."

(b) Statement in subcontracts.--A contractor shall include

in a subcontract the statement under subsection (a) as a

contractual duty imposed on the subcontractor.

Section 5. Enforcement.

(a) Complaints and investigations.--

(1) A parent, student, professional employee or other

person interacting with a public school entity may file a

complaint with the governing board of a public school entity

alleging a violation of section 3 by a professional employee

or contractor. A complaint filed under this section is

subject to the penalties enumerated in 18 Pa.C.S. § 4904

(relating to unsworn falsification to authorities).

(2) A public school entity shall develop a policy on how

a complaint under paragraph (1) may be filed. The policy

shall be made available on the public school entity's

publicly accessible Internet website.

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(3) Upon receipt of a complaint, the governing board of

a public school entity shall provide written notice to the

professional employee or contractor detailing the complaint

and stating the time and place for a hearing. The hearing

shall be held no earlier than 15 days and not later than 30

days from the receipt of the complaint. Proceedings under

this section shall be held in accordance with 2 Pa.C.S. Ch. 5

Subch. B (relating to practice and procedure of local

agencies).

(4) A written notice of decision of the governing board

of a public school entity shall be sent by registered mail to

the professional employee or contractor and the complainant

within 10 days after such hearing is concluded.

(5) If the complainant, professional employee or

contractor disagrees with the findings of the governing board

of the public school entity, an appeal may be filed with the

Secretary of Education, within 15 days after receipt by

registered mail of the written notice of the decision of the

governing board of a public school entity. The appeal shall

be governed by 2 Pa.C.S. (relating to administrative law and

procedure). The Secretary of Education shall issue a final

ruling with detailed support for the conclusion within 60

days of receipt of the appeal.

(6) The ruling or decision of the Secretary of Education

shall be final unless an appeal is taken in accordance with 2

Pa.C.S. Ch. 7 (relating to judicial review).

(b) Penalty.--

(1) If a violation is established involving a

professional employee, the school entity involved, as well as

any involved professional employee, shall engage in

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professional development in compliance with this section. The

families of students impacted by the violation shall receive

notice and a copy of the decision and action to be taken,

which notice shall be provided by registered mail. The public

school entity shall report the violation to the department

through the Pennsylvania Information Management System.

(2) If a violation is established involving a

contractor, the contract may be canceled, terminated or

suspended, in whole or in part, and the contractor may be

declared ineligible for further government contracts for a

period of one year. The families of students impacted by the

violation shall receive notice and a copy of the decision and

actions to be taken, which notice shall be provided by

registered mail.

Section 6. Effective date.

This act shall take effect immediately.

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