PA HB2338

Requires all Pennsylvania school entities (including public, charter, private, and nonpublic schools) to adopt policies protecting student religious, political, and ideological speech beginning with the 2026-2027 school year

Prohibits schools from discriminating against or penalizing students for expressing religious, political, or ideological viewpoints in class discussions, homework assignments, artwork, presentations, or other schoolwork

Allows students to organize religious, political, or ideological clubs and gatherings with equal access to school facilities and privileges as other student groups, including the right to require members to adhere to the organization's beliefs and standards

Schools may still restrict speech not protected by the First Amendment (true threats, obscenity, incitement), expression constituting severe harassment that denies educational access, and conduct that substantially disrupts school operations

Creates a private right of action allowing students to sue school entities for violations, with remedies including monetary damages, attorney fees, and injunctive relief, subject to a two-year statute of limitations with the state waiving Eleventh Amendment immunity