HB 2199 — 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
 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 student supports, providing for
 6      policy against gender-based bullying.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
10   as the Public School Code of 1949, is amended by adding a
11   section to read:
12      Section 1303.3-A.    Policy Against Gender-Based Bullying.--(a)
13   Beginning with the 2026-2027 school year, a school entity shall
14   adopt a policy or amend its existing policy relating to bullying
15   and incorporate the policy into the school entity's code of
16   student conduct required under 22 Pa. Code § 12.3(c) (relating
17   to school rules). The policy shall delineate disciplinary
18   consequences for bullying against a student based on the
19   student's actual or perceived sex, sexual orientation, gender
 1   identity or gender expression and shall provide for prevention,
 2   intervention and education programs.
 3      (b)   For a nonbinary or transgender student transitioning to
 4   their stated gender identity, the policy shall establish best
 5   practices and guidelines for student and family support during
 6   the student's transitioning period, respect the student's
 7   privacy of the transition from other students, school faculty,
 8   and parents and include the student's stated gender identity and
 9   pronouns when the student is being addressed.
10      (c)   A school entity shall include the policy in the school
11   entity's student handbook and make the policy available on its
12   publicly accessible Internet website, if available, and in every
13   classroom. A school entity shall post the policy at a prominent
14   location within each school building where public notices are
15   usually posted. A school entity shall ensure that the policy and
16   procedures for reporting bullying incidents are reviewed with
17   students within ninety (90) days after being adopted and
18   thereafter at least once each school year.
19      (d)   A school entity shall review its policy adopted under
20   this section every three (3) years and annually provide the
21   Department of Education with a copy of the policy relating to
22   bullying, including information related to the development and
23   implementation of any gender-based bullying prevention,
24   intervention and education programs. The information required
25   under this subsection shall be attached to or made part of the
26   annual report required under section 1319-B(b).
27      (e)   In its policy relating to bullying adopted or maintained
28   under subsection (a), a school entity shall not be prohibited
29   from defining bullying in such a way as to encompass an act that
30   occurs outside a school setting if the act meets the

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 1   requirements contained in paragraphs (1), (3) and (4) of the
 2   definition of "bullying" in subsection (f). If a school entity
 3   reports an act of bullying to the Department of Education in
 4   accordance with section 1319-B(b), the school entity shall
 5   report all incidents that qualify as bullying under the school
 6   entity's adopted definition of the term.
 7      (f)    For purposes of this section:
 8      "Bullying" shall mean an intentional electronic, written,
 9   verbal or physical act, or a series of acts:
10      (1)    directed at another student or students;
11      (2)    which occurs in or out of a school setting;
12      (3)    that is severe, persistent or pervasive; and
13      (4)    that has the effect of doing any of the following:
14      (i)    substantially interfering with a student's education;
15      (ii)    creating a threatening environment; or
16      (iii)    substantially disrupting the orderly operation of the
17   school.
18      "Gender identity or expression" shall mean an individual's
19   gender-related identity, appearance, mannerisms, expression or
20   other gender-related characteristics, regardless of the
21   individual's designated or perceived sex.
22      "Nonbinary" shall mean an individual who does not identify
23   solely, or at all, as either male or female.
24      "School setting" shall mean in a school, on school grounds,
25   in a school vehicle, at a designated bus stop or at any activity
26   sponsored, supervised or sanctioned by the school entity.
27      "Sexual orientation" shall mean an individual's physical,
28   romantic or emotional attraction to individuals of the same or
29   different gender.
30      "Transgender" shall mean an individual whose gender identity

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1   or expression is different from that traditionally associated
2   with the individual's assigned sex at birth.
3      Section 2.   This act shall take effect in 60 days.




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