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: 7 TLSB 1636HV (2) 90 jda/jh

H.F. 616 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 35 -1- LSB 1636HV (2) 90 jda/jh 1/ 7

H.F. 616 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 35 -2- LSB 1636HV (2) 90 jda/jh 2/ 7

H.F. 616 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 35 -3- LSB 1636HV (2) 90 jda/jh 3/ 7

H.F. 616 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. 35 -4- LSB 1636HV (2) 90 jda/jh 4/ 7

H.F. 616 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 35 -5- LSB 1636HV (2) 90 jda/jh 5/ 7

H.F. 616 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 35 -6- LSB 1636HV (2) 90 jda/jh 6/ 7

H.F. 616 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 -7- LSB 1636HV (2) 90 jda/jh 7/ 7