Bill Text: IA HF802 | 2021-2022 | 89th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act providing for requirements related to racism or sexism trainings at, and diversity and inclusion efforts by, governmental agencies and entities, school districts, and public postsecondary educational institutions. (Formerly HSB 258.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-06-08 - Signed by Governor. H.J. 1211. [HF802 Detail]
Download: Iowa-2021-HF802-Amended.html
Bill Title: A bill for an act providing for requirements related to racism or sexism trainings at, and diversity and inclusion efforts by, governmental agencies and entities, school districts, and public postsecondary educational institutions. (Formerly HSB 258.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-06-08 - Signed by Governor. H.J. 1211. [HF802 Detail]
Download: Iowa-2021-HF802-Amended.html
House
File
802
-
Reprinted
HOUSE
FILE
802
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
258)
(As
Amended
and
Passed
by
the
House
March
16,
2021
)
A
BILL
FOR
An
Act
providing
for
requirements
related
to
racism
or
sexism
1
trainings
at,
and
diversity
and
inclusion
efforts
by,
2
governmental
agencies
and
entities,
school
districts,
and
3
public
postsecondary
educational
institutions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
HF
802
(3)
89
kh/jh/md
H.F.
802
Section
1.
NEW
SECTION
.
25A.1
Race
and
sex
stereotyping
——
1
training
prohibited
by
state
and
local
governments.
2
1.
For
purposes
of
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Agency”
or
“state
agency”
means
the
same
as
defined
in
5
section
8A.101.
6
b.
“Divisive
concepts”
means
the
same
as
defined
in
section
7
261H.7,
subsection
1.
8
c.
“Governmental
entity”
means
any
unit
of
government
in
9
the
executive,
legislative,
or
judicial
branch
of
government;
10
an
agency
or
political
subdivision;
any
unit
of
another
state
11
government,
including
its
political
subdivisions;
or
any
12
association
or
other
organization
whose
membership
consists
13
primarily
of
one
or
more
of
any
of
the
foregoing.
14
d.
“Governmental
subdivision”
means
a
county
or
city
or
15
combination
thereof.
16
e.
“Race
or
sex
scapegoating”
means
the
same
as
defined
in
17
section
261H.7,
subsection
1.
18
f.
“Race
or
sex
stereotyping”
means
the
same
as
defined
in
19
section
261H.7,
subsection
1.
20
2.
Each
agency,
governmental
entity,
or
governmental
21
subdivision
may
continue
training
that
fosters
a
workplace
22
and
learning
environment
that
is
respectful
of
all
employees.
23
However,
the
head
of
an
agency,
governmental
entity,
or
24
governmental
subdivision
shall
ensure
that
any
mandatory
staff
25
training
provided
by
an
employee
of
an
agency,
governmental
26
entity,
or
governmental
subdivision,
or
by
a
contractor
hired
27
by
the
agency,
governmental
entity,
or
governmental
subdivision
28
does
not
teach,
advocate,
act
upon,
or
promote
divisive
29
concepts.
This
section
shall
not
be
construed
as
preventing
30
an
employee
or
contractor
who
provides
mandatory
training
from
31
responding
to
questions
regarding
divisive
concepts
raised
by
32
participants
in
the
training.
33
3.
Each
agency,
governmental
entity,
or
governmental
34
subdivision
shall
prohibit
its
employees
from
discriminating
35
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802
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7
H.F.
802
against
other
employees
by
color,
race,
ethnicity,
sex,
1
gender,
or
any
other
characteristic
protected
under
the
federal
2
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
and
3
applicable
state
law.
4
4.
This
section
shall
not
be
construed
to
do
any
of
the
5
following:
6
a.
Prevent
an
agency,
governmental
entity,
or
governmental
7
subdivision
from
promoting
racial,
cultural,
ethnic,
or
8
intellectual
diversity
or
inclusiveness,
provided
such
efforts
9
are
consistent
with
the
provisions
of
this
section.
10
b.
Create
any
right
or
benefit,
substantive
or
procedural,
11
enforceable
at
law
or
in
equity
by
any
party
against
the
state
12
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
13
employees,
or
agents,
or
any
other
person.
14
c.
Prohibit
a
state
or
federal
court
or
agency
of
15
competent
jurisdiction
from
ordering
a
training
or
remedial
16
action
containing
discussions
of
divisive
concepts
as
a
17
remedial
action
due
to
a
finding
of
discrimination,
including
18
discrimination
based
on
race
or
sex.
19
Sec.
2.
NEW
SECTION
.
261H.7
Race
and
sex
stereotyping
——
20
training
by
institution
prohibited.
21
1.
For
purposes
of
this
section,
unless
the
context
22
otherwise
requires:
23
a.
“Divisive
concepts”
includes
all
of
the
following:
24
(1)
That
one
race
or
sex
is
inherently
superior
to
another
25
race
or
sex.
26
(2)
That
the
United
States
of
America
and
the
state
of
Iowa
27
are
fundamentally
or
systemically
racist
or
sexist.
28
(3)
That
an
individual,
by
virtue
of
the
individual’s
race
29
or
sex,
is
inherently
racist,
sexist,
or
oppressive,
whether
30
consciously
or
unconsciously.
31
(4)
That
an
individual
should
be
discriminated
against
32
or
receive
adverse
treatment
solely
or
partly
because
of
the
33
individual’s
race
or
sex.
34
(5)
That
members
of
one
race
or
sex
cannot
and
should
not
35
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802
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802
attempt
to
treat
others
without
respect
to
race
or
sex.
1
(6)
That
an
individual’s
moral
character
is
necessarily
2
determined
by
the
individual’s
race
or
sex.
3
(7)
That
an
individual,
by
virtue
of
the
individual’s
race
4
or
sex,
bears
responsibility
for
actions
committed
in
the
past
5
by
other
members
of
the
same
race
or
sex.
6
(8)
That
any
individual
should
feel
discomfort,
guilt,
7
anguish,
or
any
other
form
of
psychological
distress
on
account
8
of
that
individual’s
race
or
sex.
9
(9)
That
meritocracy
or
traits
such
as
a
hard
work
ethic
10
are
racist
or
sexist,
or
were
created
by
a
particular
race
to
11
oppress
another
race.
12
(10)
Any
other
form
of
race
or
sex
scapegoating
or
any
other
13
form
of
race
or
sex
stereotyping.
14
b.
“Race
or
sex
scapegoating”
means
assigning
fault,
blame,
15
or
bias
to
a
race
or
sex,
or
to
members
of
a
race
or
sex
16
because
of
their
race
or
sex,
or
claiming
that,
consciously
or
17
unconsciously,
and
by
virtue
of
persons’
race
or
sex,
members
18
of
any
race
are
inherently
racist
or
are
inherently
inclined
to
19
oppress
others,
or
that
members
of
a
sex
are
inherently
sexist
20
or
inclined
to
oppress
others.
21
c.
“Race
or
sex
stereotyping”
means
ascribing
character
22
traits,
values,
moral
and
ethical
codes,
privileges,
status,
23
or
beliefs
to
a
race
or
sex,
or
to
an
individual
because
of
the
24
individual’s
race
or
sex.
25
2.
Each
public
institution
of
higher
education
may
continue
26
training
that
fosters
a
workplace
and
learning
environment
that
27
is
respectful
of
all
employees
and
students.
However,
the
28
president,
vice
presidents,
deans,
department
directors,
or
any
29
other
administrator
of
a
public
institution
of
higher
education
30
shall
ensure
that
any
mandatory
staff
or
student
training
31
provided
by
an
employee
of
the
institution
or
by
a
contractor
32
hired
by
the
institution
does
not
teach,
advocate,
act
upon,
33
or
promote
divisive
concepts.
This
subsection
shall
not
be
34
construed
as
preventing
an
employee
or
contractor
who
provides
35
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H.F.
802
mandatory
training
from
responding
to
questions
regarding
1
divisive
concepts
raised
by
participants
in
the
training.
2
3.
Institution
diversity
and
inclusion
efforts
shall
3
discourage
students
of
a
public
institution
of
higher
education
4
from
discriminating
against
another
by
color,
race,
ethnicity,
5
sex,
gender,
political
ideology,
or
any
other
characteristic
6
protected
under
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
7
No.
88-352,
as
amended,
and
applicable
state
law.
Each
public
8
institution
of
higher
education
shall
prohibit
its
employees
9
from
discriminating
against
students
or
employees
by
color,
10
race,
ethnicity,
sex,
gender,
political
ideology,
or
any
other
11
characteristic
protected
under
the
federal
Civil
Rights
Act
of
12
1964,
Pub.
L.
No.
88-352,
as
amended,
and
applicable
state
law.
13
4.
This
section
shall
not
be
construed
to
do
any
of
the
14
following:
15
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
16
or
faculty,
or
undermine
a
public
institution
of
higher
17
education’s
duty
to
protect
to
the
fullest
degree
intellectual
18
freedom
and
free
expression.
The
intellectual
vitality
of
19
students
and
faculty
shall
not
be
infringed
under
this
section.
20
b.
Prevent
a
public
institution
of
higher
education
21
from
promoting
racial,
cultural,
ethnic,
intellectual,
or
22
academic
diversity
or
inclusiveness,
provided
such
efforts
are
23
consistent
with
the
provisions
of
this
section,
chapter
216,
24
and
other
applicable
law.
25
c.
Prohibit
discussing
divisive
concepts
as
part
of
a
larger
26
course
of
academic
instruction.
27
d.
Create
any
right
or
benefit,
substantive
or
procedural,
28
enforceable
at
law
or
in
equity
by
any
party
against
the
state
29
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
30
employees,
or
agents,
or
any
other
person.
31
e.
Prohibit
a
state
or
federal
court
or
agency
of
32
competent
jurisdiction
from
ordering
a
training
or
remedial
33
action
containing
discussions
of
divisive
concepts
as
a
34
remedial
action
due
to
a
finding
of
discrimination,
including
35
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HF
802
(3)
89
kh/jh/md
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7
H.F.
802
discrimination
based
on
race
or
sex.
1
Sec.
3.
NEW
SECTION
.
279.74
Race
and
sex
stereotyping
——
2
training
and
curriculum
prohibited.
3
1.
For
purposes
of
this
section,
unless
the
context
4
otherwise
requires:
5
a.
“Divisive
concepts”
means
the
same
as
defined
in
section
6
261H.7.
7
b.
“Race
or
sex
scapegoating”
means
the
same
as
defined
in
8
section
261H.7.
9
c.
“Race
or
sex
stereotyping”
means
the
same
as
defined
in
10
section
261H.7.
11
2.
Each
school
district
may
continue
training
that
fosters
12
a
workplace
and
learning
environment
that
is
respectful
of
13
all
employees
and
students.
However,
the
superintendent
of
14
each
school
district
shall
ensure
that
any
curriculum
or
15
mandatory
staff
or
student
training
provided
by
an
employee
16
of
the
school
district
or
by
a
contractor
hired
by
the
school
17
district
does
not
teach,
advocate,
act
upon,
or
promote
18
divisive
concepts.
This
subsection
shall
not
be
construed
as
19
preventing
an
employee
or
contractor
who
teaches
any
curriculum
20
or
who
provides
mandatory
training
from
responding
to
questions
21
regarding
divisive
concepts
raised
by
participants
in
the
22
training.
23
3.
School
district
diversity
and
inclusion
efforts
shall
24
discourage
students
of
the
school
district
from
discriminating
25
against
another
by
color,
race,
ethnicity,
sex,
gender,
26
political
ideology,
or
any
other
characteristic
protected
under
27
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
28
amended,
and
applicable
state
law.
Each
school
district
shall
29
prohibit
its
employees
from
discriminating
against
students
or
30
employees
by
color,
race,
ethnicity,
sex,
gender,
political
31
ideology,
or
any
other
characteristic
protected
under
the
32
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,
chapter
216,
and
other
applicable
10
law.
11
c.
Prohibit
discussing
divisive
concepts
as
part
of
a
larger
12
course
of
academic
instruction.
13
d.
Create
any
right
or
benefit,
substantive
or
procedural,
14
enforceable
at
law
or
in
equity
by
any
party
against
the
state
15
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
16
employees,
or
agents,
or
any
other
person.
17
e.
Prohibit
a
state
or
federal
court
or
agency
of
18
competent
jurisdiction
from
ordering
a
training
or
remedial
19
action
containing
discussions
of
divisive
concepts
as
a
20
remedial
action
due
to
a
finding
of
discrimination,
including
21
discrimination
based
on
race
or
sex.
22
Sec.
4.
Section
280.22,
subsections
4
and
5,
Code
2021,
are
23
amended
to
read
as
follows:
24
4.
Each
board
of
directors
of
a
public
school
shall
adopt
25
rules
in
the
form
of
a
written
publications
code,
which
shall
26
include
reasonable
provisions
for
the
time,
place,
and
manner
27
of
conducting
such
activities
within
its
jurisdiction.
The
28
code
shall
incorporate
all
of
the
provisions
of
this
section.
29
The
board
shall
make
the
code
available
to
the
students
and
30
their
parents.
31
5.
Student
editors
of
official
school
publications
shall
32
assign
and
edit
the
news,
editorial,
and
feature
content
of
33
their
publications
subject
to
the
limitations
of
this
section
.
34
Journalism
advisers
of
students
producing
official
school
35
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802
publications
shall
supervise
the
production
of
the
student
1
staff
,
in
order
to
maintain
professional
standards
of
English
2
and
journalism
,
and
to
comply
with
this
section
.
3
Sec.
5.
Section
280.22,
Code
2021,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
6A.
A
public
school
employee
or
official,
6
acting
within
the
scope
of
the
person’s
professional
ethics,
7
if
any,
shall
not
be
dismissed,
suspended,
disciplined,
8
reassigned,
transferred,
subject
to
termination
or
nonrenewal
9
of
a
teaching
contract
issued
under
section
279.13
or
an
10
extracurricular
contract
issued
under
section
279.19A,
or
11
otherwise
retaliated
against
for
acting
to
protect
a
student
12
for
engaging
in
conduct
authorized
under
this
section,
or
13
refusing
to
infringe
upon
student
conduct
that
is
protected
by
14
this
section,
the
first
amendment
to
the
Constitution
of
the
15
United
States,
or
Article
I,
section
7,
of
the
Constitution
of
16
the
State
of
Iowa.
17
Sec.
6.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
18
3,
shall
not
apply
to
this
Act.
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