Bill Text: IA HF616 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act prohibiting institutions of higher learning governed by the state board of regents from expending moneys to fund diversity, equity, and inclusion offices or to hire individuals to serve as diversity, equity, and inclusion officers, creating a private cause of action, and including effective date provisions.(Formerly HSB 218.)
Spectrum: Committee Bill
Status: (Introduced) 2023-05-04 - Rereferred to Education. H.J. 1030. [HF616 Detail]
Download: Iowa-2023-HF616-Introduced.html
House
File
616
-
Introduced
HOUSE
FILE
616
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HSB
218)
A
BILL
FOR
An
Act
prohibiting
institutions
of
higher
learning
governed
1
by
the
state
board
of
regents
from
expending
moneys
to
2
fund
diversity,
equity,
and
inclusion
offices
or
to
hire
3
individuals
to
serve
as
diversity,
equity,
and
inclusion
4
officers,
creating
a
private
cause
of
action,
and
including
5
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
261J.1
Definitions.
1
As
used
in
this
chapter:
2
1.
“Diversity,
equity,
and
inclusion”
includes
all
of
the
3
following:
4
a.
Any
effort
to
manipulate
or
otherwise
influence
the
5
composition
of
the
faculty
or
student
body
with
reference
to
6
race,
sex,
color,
or
ethnicity,
apart
from
ensuring
colorblind
7
and
sex-neutral
admissions
and
hiring
in
accordance
with
state
8
and
federal
anti-discrimination
laws.
9
b.
Any
effort
to
promote
differential
treatment
of
or
10
provide
special
benefits
to
individuals
on
the
basis
of
race,
11
color,
or
ethnicity.
12
c.
Any
effort
to
promote
or
promulgate
policies
and
13
procedures
designed
or
implemented
with
reference
to
race,
14
color,
or
ethnicity.
15
d.
Any
effort
to
promote
or
promulgate
trainings,
16
programming,
or
activities
designed
or
implemented
with
17
reference
to
race,
color,
ethnicity,
gender
identity,
or
sexual
18
orientation.
19
e.
Any
effort
to
promote,
as
the
official
position
of
20
the
public
institution
of
higher
education,
a
particular,
21
widely
contested
opinion
referencing
unconscious
or
implicit
22
bias,
cultural
appropriation,
allyship,
transgender
ideology,
23
microaggressions,
group
marginalization,
anti-racism,
systemic
24
oppression,
social
justice,
intersectionality,
neo-pronouns,
25
heteronormativity,
disparate
impact,
gender
theory,
racial
26
privilege,
sexual
privilege,
or
any
related
formulation
of
27
these
concepts.
28
2.
“Diversity,
equity,
and
inclusion
office”
means
any
29
division,
office,
center,
or
other
unit
of
a
public
institution
30
of
higher
education
that
is
responsible
for
creating,
31
developing,
designing,
implementing,
organizing,
planning,
32
or
promoting
policies,
programming,
training,
practices,
33
activities,
or
procedures
related
to
diversity,
equity,
and
34
inclusion.
“Diversity,
equity,
and
inclusion
office”
does
not
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include
any
of
the
following:
1
a.
An
office
staffed
exclusively
by
licensed
attorneys
and
2
paralegal
and
secretarial
support
for
the
licensed
attorneys,
3
and
certified
by
the
attorney
general
as
operating
with
the
4
sole
and
exclusive
mission
of
ensuring
legal
compliance
with
5
the
public
institution
of
higher
education’s
obligations
under
6
Tit.
IX
of
the
federal
Education
Amendments
Act
of
1972,
20
7
U.S.C.
§1681
et
seq.,
as
amended,
the
federal
Americans
with
8
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
seq.,
as
amended,
9
the
federal
Age
Discrimination
in
Employment
Act
of
1967,
29
10
U.S.C.
§621
et
seq.,
as
amended,
the
federal
Civil
Rights
11
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
or
any
other
12
applicable
federal
or
state
law
or
a
court
order.
13
b.
An
academic
department
within
a
public
institution
of
14
higher
education
that
exists
primarily
for
the
purpose
of
15
offering
courses
for
degree
credit
and
that
does
not
establish
16
a
policy
or
procedures
to
which
other
departments
of
the
public
17
institution
of
higher
education
are
subject.
18
c.
An
office
solely
engaged
in
new
student
recruitment.
19
d.
A
registered
student
organization.
20
e.
An
office
that
a
public
institution
of
higher
education
21
is
required
to
maintain
pursuant
to
a
contract
or
agreement
22
with
a
federal
governmental
entity.
23
3.
“Diversity,
equity,
and
inclusion
officer”
means
an
24
individual
who
is
either
employed
by
a
public
institution
of
25
higher
education
or
who
is
an
independent
contractor
of
a
26
public
institution
of
higher
education
and
whose
duties
include
27
coordinating,
creating,
developing,
designing,
implementing,
28
organizing,
planning,
or
promoting
policies,
programming,
29
training,
practices,
activities,
and
procedures
relating
to
30
diversity,
equity,
and
inclusion.
“Diversity,
equity,
and
31
inclusion
officer”
does
not
include
any
of
the
following:
32
a.
Any
employee
who
is
a
licensed
attorney
and
whose
sole
33
job
duties
related
to
diversity,
equity,
and
inclusion
are
34
to
ensure
compliance
with
the
public
institution
of
higher
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education’s
obligations
under
Tit.
IX
of
the
federal
Education
1
Amendments
Act
of
1972,
20
U.S.C.
§1681
et
seq.,
as
amended,
2
the
federal
Americans
with
Disabilities
Act
of
1990,
42
U.S.C.
3
§12101
et
seq.,
as
amended,
the
federal
Age
Discrimination
in
4
Employment
Act
of
1967,
29
U.S.C.
§621
et
seq.,
as
amended,
5
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
6
amended,
or
any
other
applicable
federal
or
state
law
or
a
7
court
order.
8
b.
Any
faculty
member
while
engaged
in
teaching,
research,
9
or
the
production
of
creative
works,
the
dissemination
of
the
10
faculty
member’s
research
or
creative
works,
or
advising
a
11
registered
student
organization.
12
c.
A
guest
speaker
or
performer
with
a
short-term
13
engagement.
14
d.
Any
employee
that
a
public
institution
of
higher
15
education
is
required
to
employ
pursuant
to
a
contract
or
16
agreement
with
a
federal
governmental
entity.
17
4.
“Gender
identity”
means
the
same
as
defined
in
section
18
216.2.
19
5.
“Public
institution
of
higher
education”
means
an
20
institution
of
higher
learning
governed
by
the
state
board
of
21
regents.
22
6.
“Sexual
orientation”
means
the
same
as
defined
in
section
23
216.2.
24
Sec.
2.
NEW
SECTION
.
261J.2
Restrictions
on
use
of
moneys.
25
1.
A
public
institution
of
higher
education
shall
not
expend
26
any
moneys
appropriated
by
the
general
assembly
or
any
other
27
moneys
derived
from
bequests,
charges,
deposits,
donations,
28
endowments,
fees,
grants,
gifts,
income,
receipts,
tuition,
29
or
any
other
source
to
establish,
sustain,
support,
or
staff
30
a
diversity,
equity,
and
inclusion
office,
or
to
contract,
31
employ,
engage,
or
hire
an
individual
to
serve
as
a
diversity,
32
equity,
and
inclusion
officer.
33
2.
Subsection
1
shall
not
be
construed
to
cover
or
affect
a
34
public
institution
of
higher
education’s
funding
of
any
of
the
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following:
1
a.
Academic
course
instruction.
2
b.
Research
or
creative
works
by
the
public
institution
3
of
higher
education’s
students,
faculty,
or
other
research
4
personnel,
and
the
dissemination
of
such
research
or
creative
5
works.
6
c.
Activities
of
registered
student
organizations.
7
d.
Arrangements
for
guest
speakers
and
performers
with
8
short-term
engagements.
9
e.
Mental
or
physical
health
services
provided
by
licensed
10
professionals.
11
f.
Policies,
programming,
training,
practices,
activities,
12
or
procedures
related
to
diversity,
equity,
and
inclusion
that
13
are
required
pursuant
to
a
contract
or
agreement
with
a
federal
14
governmental
entity.
15
3.
Subsection
1
shall
not
be
construed
as
prohibiting
bona
16
fide
qualifications
based
on
sex
that
are
reasonably
necessary
17
to
the
normal
operation
of
public
higher
education.
18
4.
a.
A
public
institution
of
higher
education
shall
not
19
expend
any
moneys
appropriated
by
the
general
assembly
for
20
a
fiscal
year
beginning
on
or
after
July
1,
2023,
until
the
21
public
institution
of
higher
education
files
with
the
state
22
board
of
regents
a
report
that
discloses
all
of
the
following:
23
(1)
The
steps
taken
by
the
public
institution
of
higher
24
education
and
its
staff,
administration,
and
faculty
to
comply
25
with
subsection
1.
26
(2)
The
amount
and
job
titles
of
the
individuals
deemed
27
to
be
required
by
the
public
institution
of
higher
education
28
to
comply
with
Tit.
IX
of
the
federal
Education
Amendments
29
Act
of
1972,
20
U.S.C.
§1681
et
seq.,
as
amended,
the
federal
30
Americans
with
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
31
seq.,
as
amended,
the
federal
Age
Discrimination
in
Employment
32
Act
of
1967,
29
U.S.C.
§621
et
seq.,
as
amended,
the
federal
33
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
or
34
any
other
applicable
federal
or
state
law
or
a
court
order.
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b.
The
report
described
in
paragraph
“a”
shall
certify
that
1
the
public
institution
of
higher
education
is
fully
compliant
2
with
subsection
1.
3
c.
The
public
institution
of
higher
education
shall
publish
4
the
report
described
in
paragraph
“a”
on
the
public
institution
5
of
higher
education’s
internet
page.
6
Sec.
3.
NEW
SECTION
.
261J.3
Enforcement
——
venue.
7
1.
Any
person
may
notify
the
attorney
general
of
a
public
8
institution
of
higher
education’s
potential
violation
of
9
section
261J.2.
The
attorney
general
may
bring
an
action
10
against
a
public
institution
of
higher
education
for
a
writ
of
11
mandamus
to
compel
the
public
institution
of
higher
education
12
to
comply
with
section
261J.2.
13
2.
A
student
enrolled
in
a
public
institution
of
higher
14
education,
a
faculty
member
of
a
public
institution
of
higher
15
education,
or
an
alumnus
of
a
public
institution
of
higher
16
education
alleging
a
violation
of
section
261J.2
may
bring
17
a
civil
action
for
injunctive
relief
against
the
public
18
institution
of
higher
education
to
prohibit
the
public
19
institution
of
higher
education
from
continuing
such
violation.
20
3.
An
action
brought
under
this
section
may
be
brought
in
21
any
of
the
following:
22
a.
The
county
in
which
all
or
a
substantial
part
of
the
23
events
or
omissions
giving
rise
to
the
action
occurred.
24
b.
The
county
in
which
the
principal
office
of
the
public
25
institution
of
higher
education
is
located.
26
c.
The
county
in
which
the
claimant
resides,
if
the
claimant
27
is
an
individual
and
resides
in
this
state.
28
d.
The
county
in
which
a
defendant
resides,
if
the
defendant
29
is
an
individual
and
resides
in
this
state.
30
Sec.
4.
FY
2022-2023
APPROPRIATIONS
——
REALLOCATION.
31
Public
institutions
of
higher
education
shall
reallocate
all
32
unexpended
moneys
appropriated
by
the
general
assembly
in
FY
33
2022-2023
that
would
have
been
expended
on
diversity,
equity,
34
and
inclusion
offices
or
diversity,
equity,
and
inclusion
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officers
on
or
after
the
effective
date
of
this
Act
to
merit
1
scholarships
for
lower-income
and
middle-income
students
and
to
2
reduce
tuition
and
mandatory
fees
for
resident
students.
3
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
4
importance,
takes
effect
upon
enactment.
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
institutions
of
higher
learning
governed
9
by
the
state
board
of
regents
(public
institutions
of
higher
10
education)
from
expending
moneys
to
fund
diversity,
equity,
and
11
inclusion
offices
or
to
hire
individuals
to
serve
as
diversity,
12
equity,
and
inclusion
officers.
13
The
bill
prohibits
public
institutions
of
higher
education
14
from
expending
any
moneys
appropriated
by
the
general
assembly
15
or
any
other
moneys
derived
from
bequests,
charges,
deposits,
16
donations,
endowments,
fees,
grants,
gifts,
income,
receipts,
17
tuition,
or
any
other
source
to
establish,
sustain,
support,
18
or
staff
a
diversity,
equity,
and
inclusion
office,
or
to
19
contract,
employ,
engage,
or
hire
an
individual
to
serve
as
a
20
diversity,
equity,
and
inclusion
officer.
The
bill
provides
21
that
this
prohibition
does
not
affect
a
public
institution
of
22
higher
education’s
funding
of
academic
course
instruction,
23
research
or
creative
works,
activities
of
registered
student
24
organizations,
arrangements
for
guest
speakers
and
performers
25
with
short-term
engagements,
mental
or
physical
health
services
26
provided
by
licensed
professionals,
or
policies
or
procedures
27
related
to
diversity,
equity,
and
inclusion
that
are
required
28
pursuant
to
a
contract
with
a
federal
governmental
entity.
The
29
bill
also
provides
that
this
prohibition
shall
not
be
construed
30
as
prohibiting
bona
fide
qualifications
based
on
sex
that
are
31
reasonably
necessary
to
the
normal
operation
of
public
higher
32
education.
33
The
bill
prohibits
public
institutions
of
higher
education
34
from
expending
any
moneys
appropriated
by
the
general
assembly
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for
a
fiscal
year
beginning
on
or
after
July
1,
2023,
until
1
the
public
institution
of
higher
education
files
with
the
2
state
board
of
regents
a
report
that
details
the
institution’s
3
compliance
with
the
bill’s
provisions.
4
The
bill
authorizes
the
attorney
general
to
bring
an
action
5
against
a
public
institution
of
higher
education
for
a
writ
of
6
mandamus
to
compel
the
public
institution
of
higher
education
7
to
comply
with
these
prohibitions.
The
bill
also
authorizes
a
8
student,
faculty
member,
or
alumnus
of
a
public
institution
of
9
higher
education
alleging
a
violation
of
the
bill’s
provisions
10
to
bring
a
civil
action
for
injunctive
relief
against
the
11
public
institution
of
higher
education
to
prohibit
the
public
12
institution
of
higher
education
from
continuing
such
violation.
13
The
bill
establishes
the
venue
in
which
such
actions
may
be
14
brought.
15
The
bill
requires
public
institutions
of
higher
education
to
16
reallocate
all
unexpended
moneys
appropriated
by
the
general
17
assembly
in
FY
2022-2023
that
would
have
been
expended
on
18
diversity,
equity,
and
inclusion
offices
or
diversity,
equity,
19
and
inclusion
officers
on
or
after
the
effective
date
of
the
20
bill
to
merit
scholarships
for
lower-income
and
middle-income
21
students
and
to
reduce
tuition
and
mandatory
fees
for
resident
22
students.
23
The
bill
defines
“diversity,
equity,
and
inclusion”,
24
“diversity,
equity,
and
inclusion
office”,
“diversity,
equity,
25
and
inclusion
officer”,
“gender
identity”,
“public
institution
26
of
higher
education”,
and
“sexual
orientation”.
27
The
bill
takes
effect
upon
enactment.
28
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