Bill Text: IA HF802 | 2021-2022 | 89th General Assembly | Enrolled
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-Enrolled.html
House
File
802
-
Enrolled
House
File
802
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.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
25A.1
Race
and
sex
stereotyping
——
training
prohibited
by
state
and
local
governments.
1.
For
purposes
of
this
section,
unless
the
context
otherwise
requires:
a.
“Agency”
or
“state
agency”
means
the
same
as
defined
in
section
8A.101.
b.
“Governmental
entity”
means
any
unit
of
government
in
the
executive,
legislative,
or
judicial
branch
of
government;
an
agency
or
political
subdivision;
any
unit
of
state
government,
including
its
political
subdivisions;
or
any
association
or
other
organization
whose
membership
consists
primarily
of
one
or
more
of
any
of
the
foregoing
and
whose
budget
is
comprised
primarily
of
tax-generated
revenue.
c.
“Governmental
subdivision”
means
a
county
or
city
or
combination
thereof.
d.
“Race
or
sex
scapegoating”
means
the
same
as
defined
in
section
261H.7,
subsection
1.
e.
“Race
or
sex
stereotyping”
means
the
same
as
defined
in
section
261H.7,
subsection
1.
House
File
802,
p.
2
f.
“Specific
defined
concepts”
means
the
same
as
defined
in
section
261H.7.
2.
Each
agency,
governmental
entity,
or
governmental
subdivision
may
continue
training
that
fosters
a
workplace
and
learning
environment
that
is
respectful
of
all
employees.
However,
the
head
of
an
agency,
governmental
entity,
or
governmental
subdivision
shall
ensure
that
any
mandatory
staff
training
provided
by
an
employee
of
an
agency,
governmental
entity,
or
governmental
subdivision,
or
by
a
contractor
hired
by
the
agency,
governmental
entity,
or
governmental
subdivision
does
not
teach,
advocate,
encourage,
promote,
or
act
upon
stereotyping,
scapegoating,
or
prejudice
toward
others
on
the
basis
of
demographic
group
membership
or
identity.
This
subsection
shall
not
be
construed
as
preventing
an
employee
or
contractor
who
provides
mandatory
training
from
responding
to
questions
regarding
stereotyping,
scapegoating,
or
prejudice
raised
by
participants
in
the
training.
3.
Each
agency,
governmental
entity,
or
governmental
subdivision
shall
prohibit
its
employees
from
discriminating
against
other
employees
by
any
characteristic
protected
under
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
and
applicable
state
law.
4.
This
section
shall
not
be
construed
to
do
any
of
the
following:
a.
Prevent
an
agency,
governmental
entity,
or
governmental
subdivision
from
promoting
racial,
cultural,
ethnic,
or
intellectual
diversity
or
inclusiveness,
provided
such
efforts
are
consistent
with
the
provisions
of
this
section.
b.
Create
any
right
or
benefit,
substantive
or
procedural,
enforceable
at
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
employees,
or
agents,
or
any
other
person.
c.
Prohibit
a
state
or
federal
court
or
agency
of
competent
jurisdiction
from
ordering
a
training
or
remedial
action
containing
discussions
of
specific
defined
concepts
as
a
remedial
action
due
to
a
finding
of
discrimination,
including
discrimination
based
on
race
or
sex.
d.
Prohibit
the
use
of
curriculum
that
teaches
the
topics
of
sexism,
slavery,
racial
oppression,
racial
segregation,
House
File
802,
p.
3
or
racial
discrimination,
including
topics
relating
to
the
enactment
and
enforcement
of
laws
resulting
in
sexism,
racial
oppression,
segregation,
and
discrimination.
Sec.
2.
NEW
SECTION
.
261H.7
Race
and
sex
stereotyping
——
training
by
institution
prohibited.
1.
For
purposes
of
this
section,
unless
the
context
otherwise
requires:
a.
“Race
or
sex
scapegoating”
means
assigning
fault,
blame,
or
bias
to
a
race
or
sex,
or
to
members
of
a
race
or
sex
because
of
their
race
or
sex,
or
claiming
that,
consciously
or
unconsciously,
and
by
virtue
of
persons’
race
or
sex,
members
of
any
race
are
inherently
racist
or
are
inherently
inclined
to
oppress
others,
or
that
members
of
a
sex
are
inherently
sexist
or
inclined
to
oppress
others.
b.
“Race
or
sex
stereotyping”
means
ascribing
character
traits,
values,
moral
and
ethical
codes,
privileges,
status,
or
beliefs
to
a
race
or
sex,
or
to
an
individual
because
of
the
individual’s
race
or
sex.
c.
“Specific
defined
concepts”
includes
all
of
the
following:
(1)
That
one
race
or
sex
is
inherently
superior
to
another
race
or
sex.
(2)
That
the
United
States
of
America
and
the
state
of
Iowa
are
fundamentally
or
systemically
racist
or
sexist.
(3)
That
an
individual,
solely
because
of
the
individual’s
race
or
sex,
is
inherently
racist,
sexist,
or
oppressive,
whether
consciously
or
unconsciously.
(4)
That
an
individual
should
be
discriminated
against
or
receive
adverse
treatment
solely
or
partly
because
of
the
individual’s
race
or
sex.
(5)
That
members
of
one
race
or
sex
cannot
and
should
not
attempt
to
treat
others
without
respect
to
race
or
sex.
(6)
That
an
individual’s
moral
character
is
necessarily
determined
by
the
individual’s
race
or
sex.
(7)
That
an
individual,
by
virtue
of
the
individual’s
race
or
sex,
bears
responsibility
for
actions
committed
in
the
past
by
other
members
of
the
same
race
or
sex.
(8)
That
any
individual
should
feel
discomfort,
guilt,
anguish,
or
any
other
form
of
psychological
distress
on
account
House
File
802,
p.
4
of
that
individual’s
race
or
sex.
(9)
That
meritocracy
or
traits
such
as
a
hard
work
ethic
are
racist
or
sexist,
or
were
created
by
a
particular
race
to
oppress
another
race.
(10)
Any
other
form
of
race
or
sex
scapegoating
or
any
other
form
of
race
or
sex
stereotyping.
2.
Each
public
institution
of
higher
education
may
continue
training
that
fosters
a
workplace
and
learning
environment
that
is
respectful
of
all
employees
and
students.
However,
the
president,
vice
presidents,
deans,
department
directors,
or
any
other
administrator
of
a
public
institution
of
higher
education
shall
ensure
that
any
mandatory
staff
or
student
training
provided
by
an
employee
of
the
institution
or
by
a
contractor
hired
by
the
institution
does
not
teach,
advocate,
act
upon,
or
promote
specific
defined
concepts.
This
subsection
shall
not
be
construed
as
preventing
an
employee
or
contractor
who
provides
mandatory
training
from
responding
to
questions
regarding
specific
defined
concepts
raised
by
participants
in
the
training.
3.
Institution
diversity
and
inclusion
efforts
shall
discourage
students
of
a
public
institution
of
higher
education
from
discriminating
against
another
by
political
ideology
or
any
characteristic
protected
under
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
and
applicable
state
law.
Each
public
institution
of
higher
education
shall
prohibit
its
employees
from
discriminating
against
students
and
employees
by
political
ideology
or
any
characteristic
protected
under
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
and
applicable
state
law.
4.
This
section
shall
not
be
construed
to
do
any
of
the
following:
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
or
faculty,
or
undermine
a
public
institution
of
higher
education’s
duty
to
protect
to
the
fullest
degree
intellectual
freedom
and
free
expression.
The
intellectual
vitality
of
students
and
faculty
shall
not
be
infringed
under
this
section.
b.
Prevent
a
public
institution
of
higher
education
from
promoting
racial,
cultural,
ethnic,
intellectual,
or
academic
diversity
or
inclusiveness,
provided
such
efforts
are
House
File
802,
p.
5
consistent
with
the
provisions
of
this
section,
chapter
216,
and
other
applicable
law.
c.
Prohibit
discussing
specific
defined
concepts
as
part
of
a
larger
course
of
academic
instruction.
d.
Create
any
right
or
benefit,
substantive
or
procedural,
enforceable
at
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
employees,
or
agents,
or
any
other
person.
e.
Prohibit
a
state
or
federal
court
or
agency
of
competent
jurisdiction
from
ordering
a
training
or
remedial
action
containing
discussions
of
specific
defined
concepts
as
a
remedial
action
due
to
a
finding
of
discrimination,
including
discrimination
based
on
race
or
sex.
f.
Prohibit
the
use
of
curriculum
that
teaches
the
topics
of
sexism,
slavery,
racial
oppression,
racial
segregation,
or
racial
discrimination,
including
topics
relating
to
the
enactment
and
enforcement
of
laws
resulting
in
sexism,
racial
oppression,
segregation,
and
discrimination.
Sec.
3.
NEW
SECTION
.
279.74
Race
and
sex
stereotyping
——
training
and
curriculum
prohibited.
1.
For
purposes
of
this
section,
unless
the
context
otherwise
requires:
a.
“Race
or
sex
scapegoating”
means
the
same
as
defined
in
section
261H.7.
b.
“Race
or
sex
stereotyping”
means
the
same
as
defined
in
section
261H.7.
c.
“Specific
defined
concepts”
means
the
same
as
defined
in
section
261H.7.
2.
Each
school
district
may
continue
training
that
fosters
a
workplace
and
learning
environment
that
is
respectful
of
all
employees
and
students.
However,
the
superintendent
of
each
school
district
shall
ensure
that
any
curriculum
or
mandatory
staff
or
student
training
provided
by
an
employee
of
the
school
district
or
by
a
contractor
hired
by
the
school
district
does
not
teach,
advocate,
encourage,
promote,
or
act
upon
specific
stereotyping
and
scapegoating
toward
others
on
the
basis
of
demographic
group
membership
or
identity.
This
subsection
shall
not
be
construed
as
preventing
an
employee
or
contractor
who
teaches
any
curriculum
or
who
provides
mandatory
training
House
File
802,
p.
6
from
responding
to
questions
regarding
specific
defined
concepts
raised
by
participants
in
the
training.
3.
School
district
diversity
and
inclusion
efforts
shall
discourage
students
of
the
school
district
from
discriminating
against
another
by
political
ideology
or
any
characteristic
protected
under
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
and
applicable
state
law.
Each
school
district
shall
prohibit
its
employees
from
discriminating
against
students
or
employees
by
political
ideology
or
any
characteristic
protected
under
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
and
applicable
state
law.
4.
This
section
shall
not
be
construed
to
do
any
of
the
following:
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
or
faculty,
or
undermine
a
school
district’s
duty
to
protect
to
the
fullest
degree
intellectual
freedom
and
free
expression.
The
intellectual
vitality
of
students
and
faculty
shall
not
be
infringed
under
this
section.
b.
Prevent
a
school
district
from
promoting
racial,
cultural,
ethnic,
intellectual,
or
academic
diversity
or
inclusiveness,
provided
such
efforts
are
consistent
with
the
provisions
of
this
section,
chapter
216,
and
other
applicable
law.
c.
Prohibit
discussing
specific
defined
concepts
as
part
of
a
larger
course
of
academic
instruction.
d.
Create
any
right
or
benefit,
substantive
or
procedural,
enforceable
at
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
employees,
or
agents,
or
any
other
person.
e.
Prohibit
a
state
or
federal
court
or
agency
of
competent
jurisdiction
from
ordering
a
training
or
remedial
action
containing
discussions
of
specific
defined
concepts
as
a
remedial
action
due
to
a
finding
of
discrimination,
including
discrimination
based
on
race
or
sex.
f.
Prohibit
the
use
of
curriculum
that
teaches
the
topics
of
sexism,
slavery,
racial
oppression,
racial
segregation,
or
racial
discrimination,
including
topics
relating
to
the
enactment
and
enforcement
of
laws
resulting
in
sexism,
racial
oppression,
segregation,
and
discrimination.
House
File
802,
p.
7
Sec.
4.
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
802,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
