HB 987 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in miscellaneous provisions relating to institutions of higher education, providing for prohibitions regarding ideological oaths or statements, for prohibition on diversity, equity and inclusion offices and employees, for statements required to be included in mission statement, bylaws, faculty handbook and student handbook, for certain mandatory training prohibited, for revoking tenure for diversity, equity and inclusion violations and for spending restricted; and imposing penalties.

PRINTER'S NO.    1079

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 987
                                                Session of
                                                  2025

     INTRODUCED BY M. MACKENZIE, HAMM, KAUFFMAN, SCIALABBA, KUZMA,
        BANTA AND ZIMMERMAN, MARCH 24, 2025

     REFERRED TO COMMITTEE ON EDUCATION, MARCH 24, 2025


                                     AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in miscellaneous provisions relating
 6      to institutions of higher education, providing for
 7      prohibitions regarding ideological oaths or statements, for
 8      prohibition on diversity, equity and inclusion offices and
 9      employees, for statements required to be included in mission
10      statement, bylaws, faculty handbook and student handbook, for
11      certain mandatory training prohibited, for revoking tenure
12      for diversity, equity and inclusion violations and for
13      spending restricted; and imposing penalties.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
17   as the Public School Code of 1949, is amended by adding sections
18   to read:
19   Section 2005-I.    Prohibitions regarding ideological oaths or
20                 statements.
21      (a)     Purpose.--The purpose of this section is to prohibit
22   public institutions of higher education from requiring or giving
23   preferential consideration for ideological oaths or statements
 1   that undermine academic freedom and open inquiry and impede the
 2   discovery, preservation and transmission of knowledge.
 3      (b)   Prohibitions regarding ideological oaths or
 4   statements.--
 5            (1)   A public institution of higher education may not
 6      compel, require, induce or solicit a student enrolled at the
 7      public institution of higher education, an employee or
 8      contractor of the public institution of higher education or
 9      an applicant for admission to or employment or contracting at
10      the public institution of higher education to:
11                  (i)    Endorse an ideology that promotes the
12            differential treatment of an individual or group of
13            individuals based on race, color or ethnicity.
14                  (ii)    Provide a statement of the person's:
15                         (A)   Race, color, ethnicity or national origin,
16                  except to record any necessary demographic
17                  information.
18                         (B)   Views on, experience with or past or planned
19                  contributions to efforts involving diversity, equity
20                  and inclusion, marginalized groups, antiracism,
21                  social justice, intersectionality or related
22                  concepts.
23                         (C)   Views on or experience with race, color,
24                  ethnicity, national origin or other immutable
25                  characteristics.
26                  (iii)    Provide preferential consideration to a
27            student enrolled at the public institution of higher
28            education, an employee or contractor of the public
29            institution of higher education or an applicant for
30            admission to or employment or contracting at the public

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 1            institution of higher education on the basis of the
 2            person's unsolicited statement in support of an ideology
 3            described by subparagraph (i).
 4            (2)   This section may not be construed to:
 5                  (i)    Restrict academic research or coursework.
 6                  (ii)    Prevent a person from providing to a public
 7            institution of higher education information described by
 8            paragraph (1) on the person's own initiative separate
 9            from any specific requirement or request from the public
10            institution of higher education.
11                  (iii)    Prevent a public institution of higher
12            education from requiring an applicant for admission to or
13            employment or contracting at the public institution of
14            higher education to:
15                         (A)   Disclose or discuss the content of the
16                  applicant's research or artistic creations.
17                         (B)   Certify compliance with Federal and State
18                  antidiscrimination law.
19                         (C)   Discuss pedagogical approaches or experience
20                  with students with learning disabilities.
21      (c)   Reporting.--Beginning December 1, 2025, and not later
22   than December 1 of each year thereafter, each public institution
23   of higher education shall submit to the department, President
24   pro tempore of the Senate and the Speaker of the House of
25   Representatives a report certifying the public institution of
26   higher education's compliance with this section.
27      (d)   Definitions.--As used in this section, the following
28   words and phrases shall have the meanings given to them in this
29   subsection unless the context clearly indicates otherwise:
30      "Department."        The Department of Education of the

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 1   Commonwealth.
 2      "Public institution of higher education."     Includes the
 3   following:
 4            (1)   A community college operating under Article XIX-A.
 5            (2)   A university within the State System of Higher
 6      Education.
 7            (3)   The Pennsylvania State University, the University of
 8      Pittsburgh, Temple University, Lincoln University or any
 9      other institution designated as State-related by the
10      Commonwealth.
11            (4)   The Thaddeus Stevens College of Technology.
12            (5)   A college established under Article XIX-G.
13   Section 2006-I.     Prohibition on diversity, equity and inclusion
14                  offices and employees.
15      (a)   Prohibition on diversity, equality and inclusion
16   offices.--A public institution of higher education may not
17   establish or maintain a diversity, equity and inclusion office
18   or hire or assign an employee of the public institution of
19   higher education or contract with a third party to perform the
20   duties of a diversity, equity and inclusion office.
21      (b)   Construction.--Subsection (a) shall not be construed to
22   restrict any of the following:
23            (1)   Academic course instruction.
24            (2)   Research or creative works by a public institution
25      of higher education's students or faculty.
26            (3)   Activities of student organizations registered with
27      or recognized by a public institution of higher education.
28            (4)   Guest speakers or performers who may be invited to
29      speak or perform at a public institution of higher education
30      for short-term engagements.

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 1            (5)   Health services provided by licensed professionals
 2      at a public institution of higher education.
 3            (6)   Services provided by appropriate professionals at a
 4      public institution of higher education to veterans of the
 5      armed forces of the United States or persons with a physical
 6      or cognitive disability.
 7            (7)   A public institution of higher education's ability
 8      to:
 9                  (i)    Respond to a request for information from a
10            grant-making agency or athletic association.
11                  (ii)    Collect data.
12                  (iii)    Prohibit the public institution of higher
13            education from:
14                         (A)   establishing or maintaining a legal office
15                  or other unit, hiring or assigning an employee who is
16                  an attorney or contracting with a third-party
17                  attorney or law firm to ensure the public institution
18                  of higher education's compliance with any applicable
19                  court order or Federal or State law;
20                         (B)   establishing or maintaining an academic
21                  department that does not establish policy or
22                  procedures for other departments; or
23                         (C)   registering or recognizing student
24                  organizations at the public institution of higher
25                  education.
26      (c)   Prohibition.--Nothing in this section shall be construed
27   to prohibit bona fide qualifications based on sex that are
28   reasonably necessary to the normal operation of a public
29   institution of higher education.
30      (d)   Notification of Attorney General.--A person may notify

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 1   the Attorney General of a violation or potential violation of
 2   this section by a public institution of higher education. The
 3   Attorney General may file suit for a writ of mandamus compelling
 4   the public institution of higher education to comply with this
 5   section.
 6      (e)     Employee violations.--If a public institution of higher
 7   education determines that an employee of the public institution
 8   of higher education has violated this section, the public
 9   institution of higher education shall:
10            (1)   Take the following action against the employee:
11                  (i)    for a first violation, place the employee on
12            unpaid leave for the next academic year; or
13                  (ii)    for a subsequent violation, discharge the
14            employee.
15            (2)   Report the determination and the action taken by the
16      public institution of higher education to the department.
17      (f)     Records.--The department shall maintain and provide to
18   each public institution of higher education a list of persons
19   against whom action has been taken under subsection (e).
20      (g)     Hiring.--A public institution of higher education may
21   not hire an employee who is included on the department's list
22   maintained under subsection (f) before:
23            (1)   if the employee was placed on unpaid leave under
24      subsection (e)(1)(i), the end of the academic year for which
25      the employee is placed on unpaid leave; or
26            (2)   if the employee was discharged under subsection (e)
27      (1)(ii), the fifth anniversary of the date on which the
28      employee was discharged.
29      (h)     Penalty.--If the department determines that a public
30   institution of higher education has violated this section, the

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 1   department shall assess an administrative penalty against the
 2   public institution of higher education in an amount equal to the
 3   lesser of $1,000,000 or 1% of the amount of the public
 4   institution of higher education's operating expenses budgeted
 5   for the State fiscal year preceding the State fiscal year in
 6   which the violation occurred. All money received from fines
 7   shall be deposited into the General Fund.
 8      (i)   Penalty.--An administrative penalty collected under
 9   subsection (h) may only be appropriated to a public institution
10   of higher education that the department determines has not
11   violated this section during the two State fiscal years
12   preceding the State fiscal year for which the appropriation is
13   made.
14      (j)   Definitions.--As used in this section, the following
15   words and phrases shall have the meanings given to them in this
16   subsection unless the context clearly indicates otherwise:
17      "Department."    The Department of Education of the
18   Commonwealth.
19      "Diversity, equity and inclusion office."    An office,
20   division or other unit of a public institution of higher
21   education established for the purpose of any of the following:
22            (1)   Influencing hiring or employment practices at the
23      public institution of higher education with respect to race,
24      sex, color or ethnicity, other than through the use of color-
25      blind and sex-neutral hiring processes in accordance with any
26      applicable Federal and State antidiscrimination laws.
27            (2)   Promoting differential treatment of or providing
28      special benefits to individuals on the basis of race, color
29      or ethnicity.
30            (3)   Promoting policies or procedures designed or

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 1      implemented in reference to race, color or ethnicity, other
 2      than policies or procedures approved in writing by the public
 3      institution of higher education's General Counsel and the
 4      Office of the Attorney General for the sole purpose of
 5      ensuring compliance with any applicable court order or
 6      Federal or State law.
 7          (4)   Conducting trainings, programs or activities
 8      designed or implemented in reference to race, color,
 9      ethnicity, gender identity or sexual orientation, other than
10      trainings, programs or activities developed by an attorney
11      and approved in writing by the public institution of higher
12      education's General Counsel and the Office of Attorney
13      General for the sole purpose of ensuring compliance with any
14      applicable court order or Federal or State law.
15      "Public institution of higher education."   Includes the
16   following:
17          (1)   A community college operating under Article XIX-A.
18          (2)   A university within the State System of Higher
19      Education.
20          (3)   The Pennsylvania State University, the University of
21      Pittsburgh, Temple University, Lincoln University or any
22      other institution designated as State-related by the
23      Commonwealth.
24          (4)   The Thaddeus Stevens College of Technology.
25          (5)   A college established under Article XIX-G.
26      "Training."   As follows:
27          (1)   The term includes a seminar, discussion group,
28      workshop or other instructional program, whether provided in
29      person, online or by any other means, with a purpose of
30      advising, counseling, influencing or teaching participants.

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 1            (2)   The term does not include:
 2                  (i)    an academic course offered for credit; or
 3                  (ii)    an activity of a student organization
 4            registered with or recognized by a public institution of
 5            higher education that affects only the student
 6            organization's members.
 7   Section 2007-I.       Statements required to be included in mission
 8                  statement, bylaws, faculty handbook and student
 9                  handbook.
10      (a)   Institutional mission statements.--Each public
11   institution of higher education shall adopt an institutional
12   mission statement that includes, or incorporates into the public
13   institution of higher education's institutional mission
14   statement if the public institution of higher education has
15   already adopted an institutional mission statement, the
16   following statements in whole and without interruption:
17            (1)   "We affirm that (name of institution) will educate
18      students by means of free, open and rigorous intellectual
19      inquiry to seek the truth."
20            (2)   "We affirm our duty to equip students with the
21      intellectual skills they need to reach their own informed
22      conclusions on matters of social and political importance."
23            (3)   "We affirm the value of viewpoint diversity in
24      campus intellectual life, including in faculty recruitment
25      and hiring."
26            (4)   "We affirm our duty to ensure that no aspects of
27      (name of institution) life, inside or outside the classroom,
28      require, favor, disfavor or prohibit speech or action that
29      supports any political, social or religious belief."
30            (5)   "We affirm our commitment to create a community

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 1      dedicated to civil and free inquiry that respects the
 2      intellectual freedom of each member, supports individual
 3      capacities for growth and tolerates the differences in
 4      opinion that naturally occur in a public university
 5      community."
 6            (6)   "We affirm the value of institutional neutrality:
 7      that public institutions of higher education should not take
 8      collective positions on political and social controversies of
 9      the day."
10            (7)   "These values take priority over any other value we
11      may also adopt."
12      (b)   Institutional bylaws.--Each public institution of higher
13   education shall incorporate into the public institution of
14   higher education's bylaws, faculty handbook and student handbook
15   the substance of the following reports issued by the University
16   of Chicago:
17            (1)   The Report of the Committee on Freedom of
18      Expression.
19            (2)   The Kalven Committee Report on the University's Role
20      in Political and Social Action.
21      (c)   Definitions.--As used in this section, the following
22   words and phrases shall have the meanings given to them in this
23   subsection unless the context clearly indicates otherwise:
24      "Department."    The Department of Education of the
25   Commonwealth.
26      "Public institution of higher education."    Includes the
27   following:
28            (1)   A community college operating under Article XIX-A.
29            (2)   A university within the State System of Higher
30      Education.

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 1            (3)   The Pennsylvania State University, the University of
 2      Pittsburgh, Temple University, Lincoln University or any
 3      other institution designated as State-related by the
 4      Commonwealth.
 5            (4)   The Thaddeus Stevens College of Technology.
 6            (5)   A college established under Article XIX-G.
 7   Section 2008-I.      Certain mandatory training prohibited.
 8      (a)   Prohibition of diversity, equity and inclusion
 9   training.--A public institution of higher education may not
10   require a student, employee or applicant for employment at the
11   public institution of higher education to participate in
12   training on diversity, equity, inclusion, bias, oppression,
13   gender identity or related concepts as a condition of:
14            (1)   Admission to or enrollment at the public institution
15      of higher education.
16            (2)   Employment or promotion at the public institution of
17      higher education.
18            (3)   Participation in any function of the public
19      institution of higher education.
20            (4)   Graduation from the public institution of higher
21      education.
22      (b)   Construction.--Subsection (a) shall not be construed to:
23            (1)   limit the academic freedom of any individual faculty
24      member to direct the instruction of a course taught by the
25      faculty member; or
26            (2)   prohibit any training:
27                  (i)   Developed by an attorney and approved in writing
28            by the public institution of higher education's General
29            Counsel and the Office of Attorney General as being
30            required to comply with any applicable court order or

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 1            Federal or State law.
 2                  (ii)   For which the materials are made publicly
 3            available on the public institution of higher education's
 4            Internet website.
 5      (c)     Notification of Attorney General.--A person may notify
 6   the Attorney General of a violation or potential violation of
 7   this section by a public institution of higher education. The
 8   Attorney General may file suit for a writ of mandamus compelling
 9   the public institution of higher education to comply with this
10   section.
11      (d)     Student and employee recourse.--A student or employee of
12   a public institution of higher education who is required to
13   participate in training in violation of this section may bring
14   an action against the public institution of higher education for
15   injunctive or declaratory relief.
16      (e)     Institution response to violation.--If a public
17   institution of higher education determines that an employee of
18   the public institution of higher education has violated this
19   section, the public institution of higher education shall:
20            (1)   Take the following action against the employee:
21                  (i)    for the first violation, place the employee on
22            unpaid leave for the next academic year; or
23                  (ii)   for a subsequent violation, discharge the
24            employee and report the determination and the action
25            taken by the public institution of higher education to
26            the department.
27            (2)   The department shall maintain and provide to each
28      public institution of higher education a list of persons
29      against whom action has been taken under paragraph (1).
30      (f)     Hiring.--A public institution of higher education may

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 1   not hire an employee who is included on the department's list
 2   maintained under subsection (e) before:
 3            (1)   if the employee was placed on unpaid leave under
 4      subsection (e)(1)(i), the end of the academic year for which
 5      the employee is placed on unpaid leave; or
 6            (2)   if the employee was discharged under subsection (e)
 7      (1)(ii), the fifth anniversary of the date on which the
 8      employee was discharged.
 9      (g)   Penalty.--If the department determines that a public
10   institution of higher education has violated this section, the
11   department shall assess an administrative penalty against the
12   public institution of higher education in an amount equal to the
13   lesser of $1,000,000 or 1% of the amount of the public
14   institution of higher education's operating expenses budgeted
15   for the State fiscal year preceding the State fiscal year in
16   which the violation occurred.
17      (h)   Appropriation.--An administrative penalty collected
18   under subsection (g) may only be appropriated to a public
19   institution of higher education that the department determines
20   has not violated this section during the two State fiscal years
21   preceding the State fiscal year for which the appropriation is
22   made.
23      (i)   Definitions.--As used in this section, the following
24   words and phrases shall have the meanings given to them in this
25   subsection unless the context clearly indicates otherwise:
26      "Department."    The Department of Education of the
27   Commonwealth.
28      "Public institution of higher education."    Includes the
29   following:
30            (1)   A community college operating under Article XIX-A.

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 1          (2)   A university within the State System of Higher
 2      Education.
 3          (3)   The Pennsylvania State University, the University of
 4      Pittsburgh, Temple University, Lincoln University or any
 5      other institution designated as State-related by the
 6      Commonwealth.
 7          (4)   The Thaddeus Stevens College of Technology.
 8          (5)   A college established under Article XIX-G.
 9      "Training."      As follows:
10          (1)   The term includes a training, seminar, discussion
11      group, workshop or other instructional program, whether
12      provided in person, online or by any other means, with a
13      purpose of advising, counseling, influencing or teaching
14      participants.
15          (2)   The term does not include:
16                (i)    An academic course offered for credit.
17                (ii)    An activity of a student organization
18          registered with or recognized by a public institution of
19          higher education that affects only the organization's
20          members.
21   Section 2009-I.     Revoking tenure for diversity, equity and
22                inclusion violations.
23      For purposes of this section, good cause for revoking the
24   tenure of a faculty member includes the faculty member's
25   violation of section 2006-I(e)(ii) or section 2008-I(e)(ii).
26   Section 2010-I.     Spending restricted.
27      A public institution of higher education may not spend money
28   appropriated by the General Assembly for the State fiscal year
29   beginning July 1, 2027, and each fiscal year thereafter, until
30   the public institution of higher education's governing board has

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1   filed with the department and posted on the public institution
2   of higher education's publicly accessible Internet website a
3   report that states the steps taken by the public institution of
4   higher education to comply with sections 2005-I, 2006-I, 2007-I,
5   2008-I and 2009-I.
6      Section 2.   The addition of sections 2005-I, 2006-I, 2007-I,
7   2008-I and 2009-I of the act shall apply beginning with the
8   2026-2027 academic year.
9      Section 3.   This act shall take effect immediately.




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