HB 1948 — An Act amending Title 24 (Education) of the Pennsylvania Consolidated Statutes, prohibiting institutions of higher education that receive State grants or loans from entering into certain agreements; and providing for enforcement by the Office of Attorney General.

PRINTER'S NO.   2457

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1948
                                                Session of
                                                  2025

     INTRODUCED BY KENYATTA, KRAJEWSKI, SANCHEZ, PIELLI, WAXMAN,
        HILL-EVANS, D. WILLIAMS, CEPEDA-FREYTIZ, PROBST, SMITH-WADE-
        EL, FIEDLER AND INGLIS, OCTOBER 15, 2025

     REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 16, 2025


                                      AN ACT
 1   Amending Title 24 (Education) of the Pennsylvania Consolidated
 2      Statutes, prohibiting institutions of higher education that
 3      receive State grants or loans from entering into certain
 4      agreements; and providing for enforcement by the Office of
 5      Attorney General.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Title 24 of the Pennsylvania Consolidated
 9   Statutes is amended by adding a chapter to read:
10                                 CHAPTER 73
11                            PROHIBITED AGREEMENTS
12   Sec.
13   7301.   Short title of chapter.
14   7302.   Definitions.
15   7303.   Prohibited agreements.
16   7304.   Enforcement.
17   7305.   Applicability.
18   § 7301.   Short title of chapter.
19      This chapter shall be known and may be cited as the Protect
 1   Pennsylvania's Academic Freedom Act.
 2   § 7302.    Definitions.
 3      The following words and phrases when used in this chapter
 4   shall have the meanings given to them in this section unless the
 5   context clearly indicates otherwise:
 6      "Awarding agency."     A Commonwealth agency that awards a State
 7   grant or loan under a State grant or loan program.
 8      "Commonwealth agency."     An executive agency or independent
 9   agency.
10      "Executive agency."     The Governor and any department, board,
11   commission, authority or other agency or officer of the
12   Commonwealth. The term does not include a court or other agency
13   or officer of the unified judicial system or the General
14   Assembly and any of its agencies or officers.
15      "Independent agency."     A board, commission, authority or
16   other agency or officer of the Commonwealth that is not subject
17   to the policy supervision and control of the Governor. The term
18   does not include a court or other agency or officer of the
19   unified judicial system or the General Assembly and any of its
20   agencies or officers.
21      "Institution of higher education."     The term includes any of
22   the following:
23             (1)   A community college operating under Article XIX-A of
24      the act of March 10, 1949 (P.L.30, No.14), known as the
25      Public School Code of 1949.
26             (2)   A university within the State System of Higher
27      Education.
28             (3)   The Pennsylvania State University, the University of
29      Pittsburgh, Temple University, Lincoln University or any
30      other institution designated as State-related by the

20250HB1948PN2457                     - 2 -
 1      Commonwealth.
 2             (4)   The Thaddeus Stevens College of Technology.
 3             (5)   A college established under Article XIX-G of the
 4      Public School Code of 1949.
 5             (6)   An institution of higher education located in and
 6      incorporated or chartered by the Commonwealth and entitled to
 7      confer degrees under section 6505 (relating to power to
 8      confer degrees) and as provided for by the standards and
 9      qualifications prescribed by the State Board of Education
10      under Chapter 65 (relating to private colleges, universities
11      and seminaries).
12             (7)   A private school licensed under the act of December
13      15, 1986 (P.L.1585, No.174), known as the Private Licensed
14      Schools Act.
15             (8)   A foreign corporation approved to operate an
16      educational enterprise under 22 Pa. Code Ch. 36 (relating to
17      foreign corporation standards).
18      "State grant or loan."     A State grant or loan authorized by a
19   law of this Commonwealth. The term does not include any of the
20   following:
21             (1)   A tax benefit or tax credit as defined in section
22      1701-A.1 of the act of March 4, 1971 (P.L.6, No.2), known as
23      the Tax Reform Code of 1971.
24             (2)   A procurement as defined in 62 Pa.C.S. § 103
25      (relating to definitions).
26             (3)   Money appropriated or transferred for any other
27      purpose other than a State grant or loan.
28   § 7303.    Prohibited agreements.
29      As a condition of receipt of a State grant or loan, an
30   institution of higher education may not enter into a compact or

20250HB1948PN2457                     - 3 -
 1   other voluntary agreement with the Federal Government that,
 2   except as required under law, limits the ability of the
 3   institution of higher education to make operational decisions on
 4   any of the following matters:
 5             (1)   Admissions processes, including the admission of
 6      foreign students.
 7             (2)   Hiring decisions.
 8             (3)   Academic curriculum.
 9             (4)   Disciplinary policies.
10             (5)   Tuition policies.
11             (6)   Grading policies.
12             (7)   Freedom of speech for students and staff.
13             (8)   Treatment of students based on the student's
14      membership in a racial, ethnic, national or religious group
15      or a group based on sex, sexual orientation or gender
16      identity.
17             (9)   Establishing or abolishing institutional
18      organizations.
19   § 7304.    Enforcement.
20      This chapter shall be enforced as follows:
21             (1)   An institution of higher education that enters into
22      a compact or voluntary agreement in violation of section 7303
23      (relating to prohibited agreements) and, after the effective
24      date of this section, receives a State grant or loan shall
25      transmit a notice to the awarding agency.
26             (2)   After receipt of the notice under paragraph (1), the
27      awarding agency shall submit a notice for repayment to the
28      institution of higher education. The notice shall specify the
29      amount to be repaid and a deadline for repayment as
30      determined by the awarding agency. The repayment under this

20250HB1948PN2457                        - 4 -
 1      section shall be in the form and manner directed by the
 2      awarding agency and may include the amount of the State grant
 3      or loan and interest, income, accumulations and the monetary
 4      equivalent of any appreciation in value of real, personal or
 5      mixed property purchased with the proceeds of the State grant
 6      or loan as determined by the awarding agency.
 7             (3)   After receipt of the notice under paragraph (2), the
 8      institution of higher education shall repay the amount of the
 9      State grant or loan to the awarding agency in accordance with
10      the notice.
11             (4)   If the institution of higher education fails or
12      refuses to pay the amount demanded under paragraph (2), the
13      awarding agency may refer the matter to the Office of
14      Attorney General, which shall institute an action in an
15      appropriate court to recover the repayment.
16   § 7305.    Applicability.
17      This chapter shall apply as follows:
18             (1)   This chapter shall only apply to a State grant or
19      loan issued by an awarding agency to an institution of higher
20      education on or after the effective date of this section.
21             (2)   This chapter shall not apply to a State grant or
22      loan to the extent this chapter conflicts with Federal or
23      State law.
24      Section 2.     This act shall take effect immediately.




20250HB1948PN2457                     - 5 -