HB 2338 — 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
 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," providing for safeguarding personal
 6      expression at K-12 schools.
 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 an
11   article to read:
12                                ARTICLE XV-O
13           SAFEGUARDING PERSONAL EXPRESSION AT K-12 SCHOOLS
14   Section 1501-O.    Definitions.
15      The following words and phrases when used in this article
16   shall have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      "School entity."    A school district, charter school, cyber
19   charter school, private school, nonpublic school, intermediate
20   unit or area career and technical school operating within this
 1   Commonwealth.
 2      "Student."     An individual who is enrolled at a school entity
 3   on a full-time or part-time basis.
 4   Section 1502-O.    Protections for student speech and expression.
 5      (a)   Policies.--Beginning with the 2026-2027 school year, a
 6   school entity shall adopt policies or amend the school entity's
 7   existing policies for the purpose of complying with this
 8   article. The policies shall include rights and responsibilities
 9   of students in accordance with this article and 22 Pa. Code §
10   12.9 (relating to freedom of expression).
11      (b)   Freedom of expression.--No student shall be
12   discriminated against or penalized by the school entity for
13   engaging in religious, political or ideological speech or
14   expressing a religious, political or ideological viewpoint in
15   the same time, place and manner and to the same extent that
16   other similarly situated students may engage in speech or
17   express views at the school entity.
18      (c)   Protected speech or expression.--A student may engage in
19   protected speech or expression at a school entity, including,
20   but not limited to:
21            (1)   Expressing a religious, political or ideological
22      viewpoint on the topic or subject of discussion or study
23      inside of class.
24            (2)   Expressing religious, political or ideological
25      viewpoints in a homework assignment, artwork, presentation or
26      other written or oral assignments without discrimination or
27      academic penalty based on the religious, political or
28      ideological content of the student's submissions. The
29      student's work must be assessed by ordinary academic
30      standards of substance and relevance and against other

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 1      legitimate pedagogical concerns identified by the school
 2      entity.
 3            (3)   Organizing religious, political or ideological
 4      gatherings before, during or after school to the same extent
 5      and with the same access to school facilities as other
 6      student-initiated gatherings are permitted.
 7      (d)   Student organizations.--One or more students may
 8   organize religious, political or ideological clubs before,
 9   during and after school to the same extent and with the same
10   access to school facilities and to all benefits and privileges
11   that are afforded to other clubs authorized by the school
12   entity. The school entity shall not discriminate against a
13   student club because of:
14            (1)   the religious, political or ideological viewpoints
15      expressed by the students or the organization; or
16            (2)   any requirement that the leaders or members of the
17      club affirm and adhere to the organization's sincerely held
18      beliefs, comply with the organization's standards of conduct
19      or further the organization's mission or purpose, as defined
20      by the student organization.
21   Section 1503-O.    Limitations.
22      Nothing in this article shall be interpreted as preventing a
23   school entity from prohibiting, limiting or restricting:
24            (1)   expression that the First Amendment of the
25      Constitution of the United States does not protect, such as
26      true threats, obscenity and expression directed to provoke
27      imminent lawless actions and likely to produce it;
28            (2)   expression that is unwelcome and so severe,
29      pervasive and subjectively and objectively offensive that a
30      student is effectively denied equal access to educational

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 1      opportunities or benefits provided by the school entity; and
 2             (3)   conduct that intentionally, materially and
 3      substantially disrupts:
 4                   (i)    the operations of the school entity; or
 5                   (ii)    the expressive activity of another individual
 6             if that activity is occurring in a space reserved for
 7             that activity under the exclusive use or control of a
 8             particular student, group of students or club.
 9   Section 1504-O.        Remedies for violation.
10      (a)    Private cause of action.--A student who is harmed by a
11   violation of this article or whose rights under this article are
12   violated shall have a private cause of action against the school
13   entity for declaratory and injunctive relief, monetary damages,
14   reasonable attorney fees, costs and any other appropriate
15   relief.
16      (b)    Defense or counterclaim.--A student or student
17   organization aggrieved by a violation of this article may assert
18   the violation as a defense or counterclaim in any disciplinary
19   action or in any civil or administrative proceedings brought
20   against the student or student organization.
21      (c)    Other remedies not limited.--Nothing in this section
22   shall be interpreted to limit any other remedies available to a
23   student or student organization.
24   Section 1505-O.        Statute of limitations.
25      A student or student organization shall be required to bring
26   suit for a violation of this article not later than two years
27   after the day the cause of action accrues. For purposes of
28   calculating the two-year limitation period, each day that the
29   violation persists, and each day that a policy in violation of
30   this article remains in effect, shall constitute a new day that

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1   the cause of action has accrued.
2   Section 1506-O.    Immunity.
3      The State waives immunity under the Eleventh Amendment of the
4   Constitution of the United States and consents to suit in a
5   Federal court for lawsuits arising out of this article. A school
6   entity that violates this article is not immune from suit or
7   liability for the violation.
8      Section 2.     This act shall take effect immediately.




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