House
File
802
-
Introduced
HOUSE
FILE
802
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
258)
A
BILL
FOR
An
Act
providing
for
requirements
related
to
racism
or
sexism
1
trainings
at,
and
diversity
and
inclusion
efforts
by,
school
2
districts
and
public
postsecondary
educational
institutions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
261H.7
Race
and
sex
stereotyping
——
1
training
by
institution
prohibited.
2
1.
For
purposes
of
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Divisive
concepts”
includes
all
of
the
following:
5
(1)
That
one
race
or
sex
is
inherently
superior
to
another
6
race
or
sex.
7
(2)
That
the
United
States
of
America
and
the
state
of
Iowa
8
are
fundamentally
or
systemically
racist
or
sexist.
9
(3)
That
an
individual,
by
virtue
of
the
individual’s
race
10
or
sex,
is
inherently
racist,
sexist,
or
oppressive,
whether
11
consciously
or
unconsciously.
12
(4)
That
an
individual
should
be
discriminated
against
13
or
receive
adverse
treatment
solely
or
partly
because
of
the
14
individual’s
race
or
sex.
15
(5)
That
members
of
one
race
or
sex
cannot
and
should
not
16
attempt
to
treat
others
without
respect
to
race
or
sex.
17
(6)
That
an
individual’s
moral
character
is
necessarily
18
determined
by
the
individual’s
race
or
sex.
19
(7)
That
an
individual,
by
virtue
of
the
individual’s
race
20
or
sex,
bears
responsibility
for
actions
committed
in
the
past
21
by
other
members
of
the
same
race
or
sex.
22
(8)
That
any
individual
should
feel
discomfort,
guilt,
23
anguish,
or
any
other
form
of
psychological
distress
on
account
24
of
that
individual’s
race
or
sex.
25
(9)
That
meritocracy
or
traits
such
as
a
hard
work
ethic
26
are
racist
or
sexist,
or
were
created
by
a
particular
race
to
27
oppress
another
race.
28
(10)
Any
other
form
of
race
or
sex
scapegoating
or
any
other
29
form
of
race
or
sex
stereotyping.
30
b.
“Race
or
sex
scapegoating”
means
assigning
fault,
blame,
31
or
bias
to
a
race
or
sex,
or
to
members
of
a
race
or
sex
32
because
of
their
race
or
sex,
or
claiming
that,
consciously
or
33
unconsciously,
and
by
virtue
of
persons’
race
or
sex,
members
34
of
any
race
are
inherently
racist
or
are
inherently
inclined
to
35
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802
oppress
others,
or
that
members
of
a
sex
are
inherently
sexist
1
or
inclined
to
oppress
others.
2
c.
“Race
or
sex
stereotyping”
means
ascribing
character
3
traits,
values,
moral
and
ethical
codes,
privileges,
status,
4
or
beliefs
to
a
race
or
sex,
or
to
an
individual
because
of
the
5
individual’s
race
or
sex.
6
2.
Each
public
institution
of
higher
education
may
continue
7
training
that
fosters
a
workplace
and
learning
environment
that
8
is
respectful
of
all
employees
and
students.
However,
the
9
president,
vice
presidents,
deans,
and
department
directors
of
10
a
public
institution
of
higher
education
shall
ensure
that
any
11
mandatory
staff
or
student
training
provided
by
an
employee
of
12
the
institution
or
by
a
contractor
hired
by
the
institution
13
does
not
teach,
advocate,
act
upon,
or
promote
divisive
14
concepts.
This
subsection
shall
not
be
construed
as
preventing
15
an
employee
or
contractor
who
provides
mandatory
training
from
16
responding
to
questions
regarding
divisive
concepts
raised
by
17
participants
in
the
training.
18
3.
Institution
diversity
and
inclusion
efforts
shall
19
discourage
employees
and
students
of
the
institution
from
20
discriminating
against
another
by
color,
race,
ethnicity,
sex,
21
political
ideology,
or
any
other
characteristic
protected
under
22
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
23
amended,
and
applicable
state
law.
24
4.
This
section
shall
not
be
construed
to
do
any
of
the
25
following:
26
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
27
or
faculty,
or
undermine
a
public
institution
of
higher
28
education’s
duty
to
protect
to
the
fullest
degree
intellectual
29
freedom
and
free
expression.
The
intellectual
vitality
of
30
students
and
faculty
shall
not
be
infringed
under
this
section.
31
b.
Prevent
a
public
institution
of
higher
education
32
from
promoting
racial,
cultural,
ethnic,
intellectual,
or
33
academic
diversity
or
inclusiveness,
provided
such
efforts
are
34
consistent
with
the
provisions
of
this
section.
35
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c.
Prohibit
discussing
divisive
concepts
as
part
of
a
larger
1
course
of
academic
instruction.
2
d.
Create
any
right
or
benefit,
substantive
or
procedural,
3
enforceable
at
law
or
in
equity
by
any
party
against
the
state
4
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
5
employees,
or
agents,
or
any
other
person.
6
Sec.
2.
NEW
SECTION
.
279.74
Race
and
sex
stereotyping
——
7
training
and
curriculum
prohibited.
8
1.
For
purposes
of
this
section,
unless
the
context
9
otherwise
requires:
10
a.
“Divisive
concepts”
means
the
same
as
defined
in
section
11
261H.7.
12
b.
“Race
or
sex
scapegoating”
means
the
same
as
defined
in
13
section
261H.7.
14
c.
“Race
or
sex
stereotyping”
means
the
same
as
defined
in
15
section
261H.7.
16
2.
Each
school
district
may
continue
training
that
fosters
17
a
workplace
and
learning
environment
that
is
respectful
of
18
all
employees
and
students.
However,
the
superintendent
of
19
each
school
district
shall
ensure
that
any
curriculum
or
20
mandatory
staff
or
student
training
provided
by
an
employee
21
of
the
school
district
or
by
a
contractor
hired
by
the
school
22
district
does
not
teach,
advocate,
act
upon,
or
promote
23
divisive
concepts.
This
subsection
shall
not
be
construed
as
24
preventing
an
employee
or
contractor
who
teaches
any
curriculum
25
or
who
provides
mandatory
training
from
responding
to
questions
26
regarding
divisive
concepts
raised
by
participants
in
the
27
training.
28
3.
School
district
diversity
and
inclusion
efforts
shall
29
discourage
employees
and
students
of
the
school
district
from
30
discriminating
against
another
by
color,
race,
ethnicity,
sex,
31
political
ideology,
or
any
other
characteristic
protected
under
32
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
33
amended,
and
applicable
state
law.
34
4.
This
section
shall
not
be
construed
to
do
any
of
the
35
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802
following:
1
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
2
or
faculty,
or
undermine
a
school
district’s
duty
to
protect
to
3
the
fullest
degree
intellectual
freedom
and
free
expression.
4
The
intellectual
vitality
of
students
and
faculty
shall
not
be
5
infringed
under
this
section.
6
b.
Prevent
a
school
district
from
promoting
racial,
7
cultural,
ethnic,
intellectual,
or
academic
diversity
or
8
inclusiveness,
provided
such
efforts
are
consistent
with
the
9
provisions
of
this
section.
10
c.
Prohibit
discussing
divisive
concepts
as
part
of
a
larger
11
course
of
academic
instruction.
12
d.
Create
any
right
or
benefit,
substantive
or
procedural,
13
enforceable
at
law
or
in
equity
by
any
party
against
the
state
14
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
15
employees,
or
agents,
or
any
other
person.
16
Sec.
3.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
17
3,
shall
not
apply
to
this
Act.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
provides
requirements
related
to
racism
or
22
sexism
trainings,
and
to
diversity
and
inclusion
efforts,
at
23
or
by
school
districts
and
public
postsecondary
educational
24
institutions.
25
Each
school
district
and
each
public
institution
of
higher
26
learning
may
continue
all
training
that
fosters
a
workplace
27
that
is
respectful
of
all
employees
and
students,
but
the
28
superintendent
of
the
school
district
or
the
president
of
the
29
institution
must
ensure
that
any
mandatory
staff
or
student
30
training
provided
by
an
employee
of
the
school
district
or
the
31
institution
or
by
a
contractor
hired
by
the
school
district
or
32
the
institution
does
not
teach,
advocate,
act
upon,
or
promote
33
divisive
concepts,
which
the
bill
defines
to
include
that
34
one
race
or
sex
is
inherently
superior
to
another;
that
Iowa
35
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or
the
United
States
is
fundamentally
or
systemically
racist
1
or
sexist;
that
an
individual,
by
virtue
of
the
individual’s
2
race
or
sex,
is
inherently
racist,
sexist,
or
oppressive;
3
that
an
individual
should
be
discriminated
against
or
receive
4
adverse
treatment
solely
or
partly
because
of
his
or
her
race
5
or
sex;
that
members
of
one
race
or
sex
cannot
and
should
not
6
attempt
to
treat
others
without
respect
to
race
or
sex;
that
an
7
individual’s
moral
character
is
necessarily
determined
by
his
8
or
her
race
or
sex;
that
an
individual
bears
responsibility
for
9
actions
committed
in
the
past
by
other
members
of
the
same
race
10
or
sex;
that
any
individual
should
feel
psychological
distress
11
on
account
of
that
individual’s
race
or
sex;
that
meritocracy
12
or
traits
such
as
a
hard
work
ethic
are
racist
or
sexist,
or
13
were
created
by
a
particular
race
to
oppress
another
race;
and
14
any
other
form
of
race
or
sex
scapegoating
or
any
other
form
of
15
race
or
sex
stereotyping.
16
In
addition,
a
school
district
must
ensure
that
curriculum
17
provided
does
not
teach,
advocate,
act
upon,
or
promote
18
divisive
concepts.
19
The
bill
defines
“race
or
sex
scapegoating”
as
assigning
20
fault,
blame,
or
bias
to
a
race
or
sex;
or
to
members
of
a
21
race
or
sex
because
of
their
race
or
sex;
or
claiming
that,
22
consciously
or
unconsciously,
and
by
virtue
of
persons’
race
23
or
sex,
members
of
any
race
are
inherently
racist
or
are
24
inherently
inclined
to
oppress
others,
or
that
members
of
a
25
sex
are
inherently
sexist
or
inclined
to
oppress
others;
and
26
defines
“race
or
sex
stereotyping”
as
ascribing
character
27
traits,
values,
moral
and
ethical
codes,
privileges,
status,
28
or
beliefs
to
a
race
or
sex,
or
to
an
individual
because
of
the
29
individual’s
race
or
sex.
30
Institution
diversity
and
inclusion
efforts
must
discourage
31
employees
and
students
of
the
school
district
or
institution
32
from
discriminating
against
another
by
color,
race,
ethnicity,
33
sex,
political
ideology,
or
any
other
characteristic
protected
34
under
the
federal
Civil
Rights
Act
of
1964
or
applicable
state
35
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802
law.
1
Nothing
in
the
bill
shall
be
construed
to
inhibit
or
violate
2
the
first
amendment
rights
of
students
or
faculty
or
undermine
3
the
institution’s
or
school
district’s
duty
to
protect
4
intellectual
freedom
and
free
expression;
prevent
a
school
5
district
or
public
postsecondary
institution
from
promoting
6
racial,
cultural,
ethnic,
intellectual,
or
academic
diversity
7
or
inclusiveness;
to
prohibit
discussing
divisive
concepts
as
8
part
of
a
larger
course
of
academic
instruction;
or
to
create
9
any
right
or
benefit,
substantive
or
procedural,
enforceable
10
at
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
11
departments,
agencies,
or
entities,
its
officers,
employees,
12
or
agents,
or
any
other
person.
13
The
bill
may
include
a
state
mandate
as
defined
in
Code
14
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
15
subsection
3,
which
would
relieve
a
political
subdivision
from
16
complying
with
a
state
mandate
if
funding
for
the
cost
of
17
the
state
mandate
is
not
provided
or
specified.
Therefore,
18
political
subdivisions
are
required
to
comply
with
any
state
19
mandate
included
in
the
bill.
20
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