HB 538 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in sexual violence, dating violence, domestic violence and stalking education, prevention and response at institutions of higher education and private licensed schools, further providing for scope of article, for definitions, for education program and for follow-up; and making an editorial change.

PRINTER'S NO.   531

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 538
                                                 Session of
                                                   2025

     INTRODUCED BY LEADBETER, HAMM, STEHR, KAUFFMAN, M. BROWN, KUTZ
        AND ZIMMERMAN, FEBRUARY 10, 2025

     REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 10, 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 sexual violence, dating violence,
 6      domestic violence and stalking education, prevention and
 7      response at institutions of higher education and private
 8      licensed schools, further providing for scope of article, for
 9      definitions, for education program and for follow-up; and
10      making an editorial change.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.     Article XX-G heading and section 2001-G of the
14   act of March 10, 1949 (P.L.30, No.14), known as the Public
15   School Code of 1949, are amended to read:
16                                ARTICLE XX-G
17      SEXUAL VIOLENCE, DATING VIOLENCE, DOMESTIC VIOLENCE [AND],
18       STALKING AND HUMAN TRAFFICKING EDUCATION, PREVENTION AND
19       RESPONSE AT INSTITUTIONS OF HIGHER EDUCATION AND PRIVATE
20                              LICENSED SCHOOLS
21   Section 2001-G.    Scope of article.
22      This article relates to college and university sexual
 1   violence, dating violence, domestic violence [and], stalking and
 2   human trafficking education, prevention and response.
 3      Section 2.     The definition of "education program" in section
 4   2002-G of the act is amended and the section is amended by
 5   adding definitions to read:
 6   Section 2002-G.    Definitions.
 7      The following words and phrases when used in this article
 8   shall have the meanings given to them in this section unless the
 9   context clearly indicates otherwise:
10      * * *
11      "Education program."    An evidence-based sexual violence,
12   dating violence, domestic violence [and], stalking and human
13   trafficking prevention and awareness education program under
14   this article.
15      "Human trafficking."    As defined in 18 Pa.C.S. § 3001
16   (relating to definitions).
17      "Human trafficking organization."      A nonprofit organization
18   that specializes in outreach and education programs on human
19   trafficking.
20      * * *
21      "Involuntary servitude."       As defined in 18 Pa.C.S. § 3001.
22      * * *
23      Section 3.     Sections 2003-G(a), (b) and (c) and 2004-G of the
24   act are amended to read:
25   Section 2003-G.    Education program.
26      (a)   General rule.--Institutions of higher education and
27   private licensed schools shall establish and implement an
28   education program for all students. In developing or
29   implementing an education program, institutions of higher
30   education and private licensed schools shall consult with a

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 1   local rape crisis center [and], domestic violence program and
 2   human trafficking organization, as appropriate and if available.
 3   The department, in consultation with the Pennsylvania Coalition
 4   Against Rape [and], the Pennsylvania Coalition Against Domestic
 5   Violence and a nonprofit organization that specializes in
 6   outreach and education programs on human trafficking, shall
 7   develop an online clearinghouse of model education programs and
 8   other resources to aid institutions of higher education and
 9   private licensed schools in fulfilling this requirement. Each
10   education program shall provide the following:
11          (1)     A discussion of sexual violence, dating violence,
12      domestic violence [and], stalking and human trafficking.
13          (2)     A discussion of consent, including an explanation
14      that the victim is not at fault.
15          (3)     A discussion of drug and alcohol-facilitated sexual
16      violence.
17          (4)     Information relating to risk education and personal
18      protection.
19          (5)     Information on where and how to get assistance,
20      including the importance of medical treatment and evidence
21      collection, and how to report sexual violence to campus
22      authorities and local law enforcement.
23          (6)     The possibility of pregnancy and transmission of
24      sexual diseases.
25          (7)     Introduction of members of the educational community
26      from:
27                (i)    Campus police or security and local law
28          enforcement.
29                (ii)    Campus health center, women's center and rape
30          crisis center.

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 1                   (iii)   Campus counseling service or any service
 2            responsible for psychological counseling and student
 3            affairs.
 4            (8)    A promise of discretion and dignity.
 5            (9)    A promise of confidentiality for victims of sexual
 6      assault to the extent allowable by law.
 7            (10)    Information regarding confidential resources and
 8      services available for victims of sexual violence, dating
 9      violence, domestic violence [and], stalking and human
10      trafficking.
11      (b)   [(Reserved).] Human trafficking subject matter.--
12   Beginning with the 2027-2028 school year, the human trafficking
13   prevention component of an education program shall provide
14   students with, at a minimum, the following instruction:
15            (1)    Current Federal and State laws relating to human
16      trafficking.
17            (2)    Facts and statistics relating to human trafficking
18      in this Commonwealth and throughout the United States.
19            (3)    Methods by which human traffickers compel or coerce
20      victims to engage in involuntary servitude, including the
21      recruitment of potential victims over social media platforms
22      and the Internet.
23            (4)    Risk factors that may make an individual more
24      vulnerable to human trafficking.
25            (5)    How to identify potential victims of sexual
26      servitude and involuntary servitude and what to do when a
27      victim is identified.
28      (c)   Notification of rights, accommodations and protective
29   measures.--A concise notification of rights, accommodations and
30   protective measures shall be made available in writing and on

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 1   the institution of higher education's or private licensed
 2   school's publicly accessible Internet website to students and
 3   employees, including victims of dating violence, domestic
 4   violence, sexual violence [and], stalking and human trafficking,
 5   regardless of where the incidences occurred, including
 6   information regarding:
 7          (1)   Existing counseling, mental health, health care,
 8      victim advocacy, legal assistance and other services
 9      available for victims, both within the institution or school
10      and in the community.
11          (2)   Available options and assistance regarding how to
12      report to the institution or school, report to law
13      enforcement, obtain protections from abuse and sexual
14      violence protection orders, file for crime victims'
15      compensation and assistance program and request protective
16      measures or changes to academic, living, transportation,
17      working situations or other educational activities.
18      * * *
19   Section 2004-G.   Follow-up.
20      An institution of higher education and private licensed
21   school shall conduct at least one follow-up program for the
22   students in the education program. The follow-up program may
23   consist of the following:
24          (1)   Lecturers and interactive learning programs relating
25      to sexual violence, dating violence, domestic violence [and],
26      stalking and human trafficking prevention and awareness.
27          (2)   Institutional activities relating to sexual
28      violence, dating violence, domestic violence [and], stalking
29      and human trafficking prevention and awareness.
30          (3)   Videos and other educational materials relating to

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1     sexual violence, dating violence, domestic violence [and],
2     stalking and human trafficking prevention and awareness.
3     Section 4.    This act shall take effect in 60 days.




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