HB 94 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in school health services, providing for face covering or mask mandate opt out.

PRINTER'S NO.    77

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 94
                                               Session of
                                                 2025

     INTRODUCED BY BOROWICZ, M. BROWN, HAMM, KAUFFMAN, M. MACKENZIE,
        KRUPA, LEADBETER, WATRO, STAATS, SMITH, BERNSTINE, SCIALABBA,
        ZIMMERMAN AND FRITZ, JANUARY 14, 2025

     REFERRED TO COMMITTEE ON HEALTH, JANUARY 14, 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 school health services, providing
 6      for face covering or mask mandate opt out.
 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 1419.1.    Face Covering or Mask Mandate Opt Out.--(a)
13   A parent or legal guardian of a child of school age may opt out
14   the child from wearing a face covering or mask, which the
15   child's school imposes as a result of a recommendation or
16   mandate from the Secretary of Health or a local board or
17   department of health, that is primarily responsible for the
18   prevention and control of communicable and noncommunicable
19   disease, including disease control in public and private schools
 1   under section 3 of the act of April 23, 1956 (1955 P.L.1510,
 2   No.500), known as the "Disease Prevention and Control Law of
 3   1955."
 4      (b)   A parent or legal guardian of a child of school age may
 5   opt out the child from wearing a face covering or mask, which
 6   the child's school imposes as a result of a recommendation or
 7   mandate from the school board.
 8      (c)   The child's school shall be required to develop and
 9   post, on the school's publicly accessible Internet website, a
10   form to allow for a parent or legal guardian of the child to opt
11   out the child from wearing a face covering or mask. The form may
12   not require the parent or legal guardian to provide an excuse
13   for the opt out.
14      (d)   The form shall also state that a child of school age
15   whose parent or legal guardian has opted out the child from
16   wearing a face covering or mask shall not be subject to any
17   harassment or discriminatory treatment, including being:
18      (1)   Relegated to certain physical locations.
19      (2)   Isolated during school activities.
20      (3)   Excluded from any school-sponsored events or activities.
21      (e)   As used in this section, the following words and phrases
22   shall have the meanings given to them in this subsection unless
23   the context clearly indicates otherwise:
24      "Face covering or mask" means material covering the nose and
25   mouth that is secured to the head with ties, straps or loops
26   over the ears or is wrapped around the lower face. The face
27   covering may be made of a variety of synthetic or natural
28   fabrics, including cotton, silk or linen. The face covering may
29   be factory-made, sewn by hand or be improvised from household
30   items, including scarfs, bandanas, t-shirts, sweatshirts or

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1   towels.
2      "Local board or department of health" means the term as
3   defined under section 2(f) of the "Disease Prevention and
4   Control Law of 1955."
5      Section 2.   This act shall take effect immediately.




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