An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for safeguarding personal expression at K-12 schools.

PRINTER'S NO. 3112
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2338
Session of
2026
INTRODUCED BY GLEIM, KUZMA, ANDERSON, HAMM AND KAUFFMAN,
MARCH 30, 2026
REFERRED TO COMMITTEE ON EDUCATION, MARCH 30, 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," providing for safeguarding personal
expression at K-12 schools.
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 an
article to read:
ARTICLE XV-O
SAFEGUARDING PERSONAL EXPRESSION AT K-12 SCHOOLS
Section 1501-O. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"School entity." A school district, charter school, cyber
charter school, private school, nonpublic school, intermediate
unit or area career and technical school operating within this
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Commonwealth.
"Student." An individual who is enrolled at a school entity
on a full-time or part-time basis.
Section 1502-O. Protections for student speech and expression.
(a) Policies.--Beginning with the 2026-2027 school year, a
school entity shall adopt policies or amend the school entity's
existing policies for the purpose of complying with this
article. The policies shall include rights and responsibilities
of students in accordance with this article and 22 Pa. Code §
12.9 (relating to freedom of expression).
(b) Freedom of expression.--No student shall be
discriminated against or penalized by the school entity for
engaging in religious, political or ideological speech or
expressing a religious, political or ideological viewpoint in
the same time, place and manner and to the same extent that
other similarly situated students may engage in speech or
express views at the school entity.
(c) Protected speech or expression.--A student may engage in
protected speech or expression at a school entity, including,
but not limited to:
(1) Expressing a religious, political or ideological
viewpoint on the topic or subject of discussion or study
inside of class.
(2) Expressing religious, political or ideological
viewpoints in a homework assignment, artwork, presentation or
other written or oral assignments without discrimination or
academic penalty based on the religious, political or
ideological content of the student's submissions. The
student's work must be assessed by ordinary academic
standards of substance and relevance and against other
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legitimate pedagogical concerns identified by the school
entity.
(3) Organizing religious, political or ideological
gatherings before, during or after school to the same extent
and with the same access to school facilities as other
student-initiated gatherings are permitted.
(d) Student organizations.--One or more students may
organize religious, political or ideological clubs before,
during and after school to the same extent and with the same
access to school facilities and to all benefits and privileges
that are afforded to other clubs authorized by the school
entity. The school entity shall not discriminate against a
student club because of:
(1) the religious, political or ideological viewpoints
expressed by the students or the organization; or
(2) any requirement that the leaders or members of the
club affirm and adhere to the organization's sincerely held
beliefs, comply with the organization's standards of conduct
or further the organization's mission or purpose, as defined
by the student organization.
Section 1503-O. Limitations.
Nothing in this article shall be interpreted as preventing a
school entity from prohibiting, limiting or restricting:
(1) expression that the First Amendment of the
Constitution of the United States does not protect, such as
true threats, obscenity and expression directed to provoke
imminent lawless actions and likely to produce it;
(2) expression that is unwelcome and so severe,
pervasive and subjectively and objectively offensive that a
student is effectively denied equal access to educational
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opportunities or benefits provided by the school entity; and
(3) conduct that intentionally, materially and
substantially disrupts:
(i) the operations of the school entity; or
(ii) the expressive activity of another individual
if that activity is occurring in a space reserved for
that activity under the exclusive use or control of a
particular student, group of students or club.
Section 1504-O. Remedies for violation.
(a) Private cause of action.--A student who is harmed by a
violation of this article or whose rights under this article are
violated shall have a private cause of action against the school
entity for declaratory and injunctive relief, monetary damages,
reasonable attorney fees, costs and any other appropriate
relief.
(b) Defense or counterclaim.--A student or student
organization aggrieved by a violation of this article may assert
the violation as a defense or counterclaim in any disciplinary
action or in any civil or administrative proceedings brought
against the student or student organization.
(c) Other remedies not limited.--Nothing in this section
shall be interpreted to limit any other remedies available to a
student or student organization.
Section 1505-O. Statute of limitations.
A student or student organization shall be required to bring
suit for a violation of this article not later than two years
after the day the cause of action accrues. For purposes of
calculating the two-year limitation period, each day that the
violation persists, and each day that a policy in violation of
this article remains in effect, shall constitute a new day that
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the cause of action has accrued.
Section 1506-O. Immunity.
The State waives immunity under the Eleventh Amendment of the
Constitution of the United States and consents to suit in a
Federal court for lawsuits arising out of this article. A school
entity that violates this article is not immune from suit or
liability for the violation.
Section 2. This act shall take effect immediately.
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