Bill Text: IA HF2396 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act prohibiting school districts and charter schools from taking disciplinary action against employees, contractors, or students for the use of legal names, the use of student names as listed in school registration forms or records, or for the failure to use personal pronouns in official communications, and providing civil penalties.(Formerly HF 2139.)

Spectrum: Committee Bill

Status: (Introduced) 2024-02-08 - Introduced, placed on calendar. H.J. 225. [HF2396 Detail]

Download: Iowa-2023-HF2396-Introduced.html
House File 2396 - Introduced HOUSE FILE 2396 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 2139) A BILL FOR An Act prohibiting school districts and charter schools from 1 taking disciplinary action against employees, contractors, 2 or students for the use of legal names, the use of student 3 names as listed in school registration forms or records, 4 or for the failure to use personal pronouns in official 5 communications, and providing civil penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5927HV (2) 90 jda/jh
H.F. 2396 Section 1. Section 256E.7, subsection 2, Code 2024, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0r. Be subject to and comply with the 3 requirements of section 279.84 relating to the prohibition 4 on disciplinary action for the use of legal names, the use 5 of student names as listed in school registration forms 6 or records, and for the failure to use personal pronouns 7 in official communications in the same manner as a school 8 district. 9 Sec. 2. NEW SECTION . 279.84 Prohibition on disciplinary 10 action —— use of legal names or names of record —— failure to use 11 personal pronouns. 12 1. a. The board of directors of each school district shall 13 not take any disciplinary action against an employee of the 14 school district, a contractor hired by the school district, 15 or a student enrolled in the school district for addressing 16 other employees, contractors, or students using the employee’s, 17 contractor’s, or student’s legal name. 18 b. The board of directors of each school district shall 19 not take any disciplinary action against an employee of the 20 school district, a contractor hired by the school district, or 21 a student enrolled in the school district for addressing other 22 students using the student’s name as it is listed in the school 23 district’s registration forms or records. 24 2. The board of directors of each school district shall not 25 take any disciplinary action against an employee of the school 26 district, a contractor hired by the school district, or a 27 student enrolled in the school district for failing to disclose 28 or use any personal pronouns in the greeting or signature block 29 of any form of official communication, including letters, 30 forms, notes, or electronic mail. 31 3. An employee whose employment is terminated in violation 32 of this section may enforce this section through a civil action 33 under section 70A.29, subsection 3. 34 4. For purposes of this section, “disciplinary action” 35 -1- LSB 5927HV (2) 90 jda/jh 1/ 3
H.F. 2396 includes termination of employment or the contractual 1 relationship, suspension from employment or the contractual 2 relationship, demotion, expulsion from school, suspension from 3 school, detention, financial penalties, and written or verbal 4 reprimands. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill prohibits school districts and charter schools 9 from taking disciplinary action against employees, contractors, 10 or students for the use of legal names, the use of student 11 names as listed in school registration forms or records, 12 or for the failure to use personal pronouns in official 13 communications. 14 The bill prohibits the board of directors of school 15 districts and the governing boards of charter schools from 16 taking any disciplinary action against an employee, contractor, 17 or student for addressing other employees, contractors, or 18 students using the employee’s, contractor’s, or student’s legal 19 name. The bill also prohibits the boards of directors of 20 school districts and the governing boards of charter schools 21 from taking any disciplinary action against an employee, 22 contractor, or student for addressing other students using the 23 student’s name as it is listed in the school’s registration 24 forms or records. 25 The bill prohibits the board of directors of school 26 districts and the governing boards of charter schools from 27 taking any disciplinary action against an employee, contractor, 28 or student for failing to disclose or use any personal pronouns 29 in the greeting or signature block of any form of official 30 communication. 31 The bill allows an employee whose employment is terminated 32 in violation of these provisions to enforce the provisions 33 through a civil action which allows the aggrieved employee to 34 receive reinstatement, with or without back pay, civil damages 35 -2- LSB 5927HV (2) 90 jda/jh 2/ 3
H.F. 2396 in an amount not to exceed three times the aggrieved employee’s 1 annual wages and benefits, and any other equitable relief the 2 court deems appropriate, including attorney fees and costs. 3 Injunctive relief is also available. 4 The bill defines “disciplinary action” to include 5 termination of employment or the contractual relationship, 6 suspension from employment or the contractual relationship, 7 demotion, expulsion from school, suspension from school, 8 detention, financial penalties, and written or verbal 9 reprimands. 10 -3- LSB 5927HV (2) 90 jda/jh 3/ 3
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