Bill Text: IA HF744 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act providing for training, prohibitions, and requirements relating to first amendment rights at school districts and public institutions of higher education. (Formerly HSB 237.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-05-20 - Signed by Governor. H.J. 1210. [HF744 Detail]
Download: Iowa-2021-HF744-Enrolled.html
House
File
744
-
Enrolled
House
File
744
AN
ACT
PROVIDING
FOR
TRAINING,
PROHIBITIONS,
AND
REQUIREMENTS
RELATING
TO
FIRST
AMENDMENT
RIGHTS
AT
SCHOOL
DISTRICTS
AND
PUBLIC
INSTITUTIONS
OF
HIGHER
EDUCATION.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
261H.2,
Code
2021,
is
amended
to
read
as
follows:
261H.2
Policy
adoption
Public
institutions
of
higher
education
——
duties
.
1.
The
state
board
of
regents
and
the
board
of
directors
of
each
community
college
shall
adopt
a
policy
that
includes
all
of
the
following
statements:
1.
a.
That
the
primary
function
of
an
institution
of
higher
education
is
the
discovery,
improvement,
transmission,
and
dissemination
of
knowledge
by
means
of
research,
teaching,
discussion,
and
debate.
This
statement
shall
provide
that,
to
fulfill
this
function,
the
institution
must
strive
to
ensure
the
fullest
degree
of
intellectual
freedom
and
free
expression
allowed
under
the
first
amendment
to
the
Constitution
of
the
United
States.
2.
a.
b.
(1)
That
it
is
not
the
proper
role
of
an
institution
of
higher
education
to
shield
individuals
from
speech
protected
by
the
first
amendment
to
the
Constitution
of
the
United
States,
which
may
include
ideas
and
opinions
the
individual
finds
unwelcome,
disagreeable,
or
even
offensive.
b.
(2)
That
it
is
the
proper
role
of
an
institution
of
House
File
744,
p.
2
higher
education
to
encourage
diversity
of
thoughts,
ideas,
and
opinions
and
to
encourage,
within
the
bounds
of
the
first
amendment
to
the
Constitution
of
the
United
States,
the
peaceful,
respectful,
and
safe
exercise
of
first
amendment
rights.
3.
c.
That
students
and
faculty
have
the
freedom
to
discuss
any
problem
that
presents
itself,
assemble,
and
engage
in
spontaneous
expressive
activity
on
campus,
within
the
bounds
of
established
principles
of
the
first
amendment
to
the
Constitution
of
the
United
States,
and
subject
to
reasonable
time,
place,
and
manner
restrictions
that
are
consistent
with
established
first
amendment
principles.
4.
d.
That
the
outdoor
areas
of
campus
of
an
institution
of
higher
education
are
public
forums,
open
on
the
same
terms
to
any
invited
speaker
subject
to
reasonable
time,
place,
and
manner
restrictions
that
are
consistent
with
established
principles
of
the
first
amendment
to
the
Constitution
of
the
United
States.
2.
The
state
board
of
regents
shall
develop
materials,
programs,
and
procedures
to
ensure
that
those
persons
who
are
responsible
for
discipline,
instruction,
or
administration
of
the
campus
community,
or
who
have
oversight
of
student
government
organizations,
or
distribute
activity
fee
funds,
including
but
not
limited
to
presidents,
vice-presidents,
deans,
department
directors,
administrators,
campus
police
officers,
residence
life
officials,
faculty,
and
members
of
student
government
organizations,
understand
the
policies,
regulations,
and
duties
of
the
institution
regarding
free
expression
on
campus
consistent
with
this
chapter.
3.
a.
Each
public
institution
of
higher
education
shall
protect
the
first
amendment
rights
of
the
institution’s
students,
staff,
and
faculty
and
shall
establish
and
publicize
policies
that
prohibit
institutional
restrictions
and
penalties
based
on
protected
speech,
including
political
speech,
to
the
fullest
extent
required
by
the
first
amendment
to
the
Constitution
of
the
United
States.
A
public
institution
of
higher
education
shall
not
retaliate
against
a
member
of
the
campus
community
who
files
a
complaint
for
a
violation
of
this
subsection
pursuant
to
section
261H.5.
House
File
744,
p.
3
b.
If
it
is
determined,
after
exhaustion
of
all
available
administrative
and
judicial
appeals,
that
a
faculty
member
knowingly
and
intentionally
restricts
the
protected
speech
or
otherwise
penalizes
a
student
in
violation
of
this
subsection,
the
faculty
member
shall
be
subject
to
discipline
by
the
institution
through
the
normal
disciplinary
processes
of
the
institution,
and
such
discipline
may
include
termination
depending
on
the
totality
of
the
facts.
If
the
faculty
member
is
licensed
by
the
board
of
educational
examiners
under
chapter
272,
the
board
of
educational
examiners
shall
conduct
a
hearing
pursuant
to
section
272.13,
and
the
faculty
member
may
be
subject
to
disciplinary
action
by
the
board.
Sec.
2.
NEW
SECTION
.
261H.6
Training
——
first
amendment
to
the
Constitution
of
the
United
States.
Each
public
institution
of
higher
education
shall
provide
training
on
free
speech
under
the
first
amendment
to
the
Constitution
of
the
United
States
to
all
students,
faculty,
and
staff
on
an
annual
basis,
which
elected
officials
and
staff
shall
be
permitted
to
attend.
Sec.
3.
NEW
SECTION
.
261H.7
Student
government
organizations
——
student
fees
——
appeals
——
liability.
1.
Each
institution
of
higher
education
governed
by
the
state
board
of
regents
shall
make
a
student
government
organization’s
access
to
and
authority
over
any
moneys
disbursed
to
the
student
government
organization
by
the
institution
contingent
upon
the
student
government
organization’s
compliance
with
the
first
amendment
to
the
Constitution
of
the
United
States
and
the
provisions
of
this
chapter.
2.
If,
after
exhaustion
of
all
administrative
appeals,
it
is
determined
that
a
student
government
organization
knowingly
and
intentionally
violated
the
first
amendment
rights
of
a
member
of
the
campus
community
or
that
an
action
or
decision
of
a
student
government
organization
is
in
violation
of
this
section,
the
institution
shall
suspend
the
student
government
organization’s
authority
to
manage
and
disburse
student
fees
for
a
period
of
one
year.
During
this
period
of
suspension,
such
student
fees
shall
be
managed
and
disbursed
by
the
institution.
House
File
744,
p.
4
Sec.
4.
Section
272.2,
subsection
14,
Code
2021,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
e.
The
board
may
deny
a
license
to
or
revoke
the
license
of
a
person
upon
the
board’s
finding
by
a
preponderance
of
evidence
that
the
person
knowingly
and
intentionally
discriminated
against
a
student
in
violation
of
section
261H.2,
subsection
3,
or
section
279.73.
Sec.
5.
NEW
SECTION
.
279.73
Intellectual
freedom
——
protection
——
complaints.
1.
The
board
of
directors
of
each
school
district
shall
protect
the
intellectual
freedom
of
the
school
district’s
students
and
practitioners
and
shall
establish
and
publicize
policies
that
protect
students
and
faculty
from
discrimination
based
on
speech.
A
person
shall
not
retaliate
against
a
person
who
files
a
complaint
for
a
violation
of
this
section.
If
the
person
who
files
a
complaint
for
a
violation
of
this
section
is
an
employee
of
the
school
district,
the
provisions
of
section
70A.29
shall
apply.
2.
If
the
board
of
directors
of
the
school
district
or
a
court
finds
that
an
employee
of
the
school
district
who
holds
a
license,
certificate,
statement
of
recognition,
or
authorization
issued
by
the
board
of
educational
examiners
under
chapter
272
discriminated
against
a
student
or
employee
in
violation
of
this
section,
the
employee
found
to
be
in
violation
under
this
section
shall
be
subject
to
a
hearing
conducted
by
the
board
of
educational
examiners
pursuant
to
section
272.2,
subsection
14,
which
may
result
in
disciplinary
action
and
the
employee’s
employment
may
be
terminated.
Sec.
6.
Section
280.22,
subsections
4
and
5,
Code
2021,
are
amended
to
read
as
follows:
4.
Each
board
of
directors
of
a
public
school
shall
adopt
rules
in
the
form
of
a
written
publications
code,
which
shall
include
reasonable
provisions
for
the
time,
place,
and
manner
of
conducting
such
activities
within
its
jurisdiction.
The
code
shall
incorporate
all
of
the
provisions
of
this
section.
The
board
shall
make
the
code
available
to
the
students
and
their
parents.
5.
Student
editors
of
official
school
publications
shall
assign
and
edit
the
news,
editorial,
and
feature
content
of
House
File
744,
p.
5
their
publications
subject
to
the
limitations
of
this
section
.
Journalism
advisers
of
students
producing
official
school
publications
shall
supervise
the
production
of
the
student
staff
,
in
order
to
maintain
professional
standards
of
English
and
journalism
,
and
to
comply
with
this
section
.
Sec.
7.
Section
280.22,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6A.
A
public
school
employee
or
official,
acting
within
the
scope
of
the
person’s
professional
ethics,
if
any,
shall
not
be
dismissed,
suspended,
disciplined,
reassigned,
transferred,
subject
to
termination
or
nonrenewal
of
a
teaching
contract
issued
under
section
279.13
or
an
extracurricular
contract
issued
under
section
279.19A,
or
otherwise
retaliated
against
for
acting
to
protect
a
student
for
engaging
in
conduct
authorized
under
this
section,
or
refusing
to
infringe
upon
student
conduct
that
is
protected
by
this
section,
the
first
amendment
to
the
Constitution
of
the
United
States,
or
Article
I,
section
7,
of
the
Constitution
of
the
State
of
Iowa.
Sec.
8.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
3,
shall
not
apply
to
this
Act.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
744,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
