An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in student supports, providing for policy against gender-based bullying.

PRINTER'S NO. 2890
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2199
Session of
2026
INTRODUCED BY TAKAC, HOHENSTEIN, GUENST, SMITH-WADE-EL, KHAN,
CARROLL, HILL-EVANS, McNEILL, WAXMAN, MAYES, PIELLI,
HANBIDGE, SANCHEZ, FRANKEL, RIVERA, CEPEDA-FREYTIZ, BOROWSKI,
ISAACSON, KINKEAD AND KAZEEM, FEBRUARY 4, 2026
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 5, 2026
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 student supports, providing for
policy against gender-based bullying.
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 1303.3-A . Policy Against Gender-Based Bullying.--(a)
Beginning with the 2026-2027 school year, a school entity shall
adopt a policy or amend its existing policy relating to bullying
and incorporate the policy into the school entity's code of
student conduct required under 22 Pa. Code § 12.3(c) (relating
to school rules). The policy shall delineate disciplinary
consequences for bullying against a student based on the
student's actual or perceived sex, sexual orientation, gender
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identity or gender expression and shall provide for prevention,
intervention and education programs.
(b) For a nonbinary or transgender student transitioning to
their stated gender identity, the policy shall establish best
practices and guidelines for student and family support during
the student's transitioning period, respect the student's
privacy of the transition from other students, school faculty,
and parents and include the student's stated gender identity and
pronouns when the student is being addressed.
(c) A school entity shall include the policy in the school
entity's student handbook and make the policy available on its
publicly accessible Internet website, if available, and in every
classroom. A school entity shall post the policy at a prominent
location within each school building where public notices are
usually posted. A school entity shall ensure that the policy and
procedures for reporting bullying incidents are reviewed with
students within ninety (90) days after being adopted and
thereafter at least once each school year.
(d) A school entity shall review its policy adopted under
this section every three (3) years and annually provide the
Department of Education with a copy of the policy relating to
bullying, including information related to the development and
implementation of any gender-based bullying prevention,
intervention and education programs. The information required
under this subsection shall be attached to or made part of the
annual report required under section 1319-B(b) .
(e) In its policy relating to bullying adopted or maintained
under subsection (a), a school entity shall not be prohibited
from defining bullying in such a way as to encompass an act that
occurs outside a school setting if the act meets the
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requirements contained in paragraphs (1), (3) and (4) of the
definition of "bullying" in subsection (f). If a school entity
reports an act of bullying to the Department of Education in
accordance with section 1319-B(b) , the school entity shall
report all incidents that qualify as bullying under the school
entity's adopted definition of the term.
(f) For purposes of this section:
"Bullying" shall mean an intentional electronic, written,
verbal or physical act, or a series of acts:
(1) directed at another student or students;
(2) which occurs in or out of a school setting;
(3) that is severe, persistent or pervasive; and
(4) that has the effect of doing any of the following:
(i) substantially interfering with a student's education;
(ii) creating a threatening environment; or
(iii) substantially disrupting the orderly operation of the
school.
"Gender identity or expression" shall mean an individual's
gender-related identity, appearance, mannerisms, expression or
other gender-related characteristics, regardless of the
individual's designated or perceived sex.
"Nonbinary" shall mean an individual who does not identify
solely, or at all, as either male or female.
"School setting" shall mean in a school, on school grounds,
in a school vehicle, at a designated bus stop or at any activity
sponsored, supervised or sanctioned by the school entity.
"Sexual orientation" shall mean an individual's physical,
romantic or emotional attraction to individuals of the same or
different gender.
"Transgender" shall mean an individual whose gender identity
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or expression is different from that traditionally associated
with the individual's assigned sex at birth.
Section 2. This act shall take effect in 60 days.
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