Bill Text: IA SF478 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act providing for training, prohibitions, and requirements relating to first amendment rights at school districts and public postsecondary educational institutions.(Formerly SSB 1205.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2021-03-12 - Rereferred to Judiciary. H.J. 730. [SF478 Detail]
Download: Iowa-2021-SF478-Introduced.html
Senate
File
478
-
Introduced
SENATE
FILE
478
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SSB
1205)
A
BILL
FOR
An
Act
providing
for
training,
prohibitions,
and
requirements
1
relating
to
first
amendment
rights
at
school
districts
and
2
public
postsecondary
educational
institutions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
261H.2,
Code
2021,
is
amended
to
read
as
1
follows:
2
261H.2
Policy
adoption
Public
institutions
of
higher
3
education
——
duties
.
4
1.
The
state
board
of
regents
and
the
board
of
directors
of
5
each
community
college
shall
adopt
a
policy
that
includes
all
6
of
the
following
statements:
7
1.
a.
That
the
primary
function
of
an
institution
of
higher
8
education
is
the
discovery,
improvement,
transmission,
and
9
dissemination
of
knowledge
by
means
of
research,
teaching,
10
discussion,
and
debate.
This
statement
shall
provide
that,
to
11
fulfill
this
function,
the
institution
must
strive
to
ensure
12
the
fullest
degree
of
intellectual
freedom
and
free
expression
13
allowed
under
the
first
amendment
to
the
Constitution
of
the
14
United
States.
15
2.
a.
b.
(1)
That
it
is
not
the
proper
role
of
an
16
institution
of
higher
education
to
shield
individuals
from
17
speech
protected
by
the
first
amendment
to
the
Constitution
of
18
the
United
States,
which
may
include
ideas
and
opinions
the
19
individual
finds
unwelcome,
disagreeable,
or
even
offensive.
20
b.
(2)
That
it
is
the
proper
role
of
an
institution
of
21
higher
education
to
encourage
diversity
of
thoughts,
ideas,
22
and
opinions
and
to
encourage,
within
the
bounds
of
the
23
first
amendment
to
the
Constitution
of
the
United
States,
the
24
peaceful,
respectful,
and
safe
exercise
of
first
amendment
25
rights.
26
3.
c.
That
students
and
faculty
have
the
freedom
to
27
discuss
any
problem
that
presents
itself,
assemble,
and
engage
28
in
spontaneous
expressive
activity
on
campus,
within
the
29
bounds
of
established
principles
of
the
first
amendment
to
the
30
Constitution
of
the
United
States,
and
subject
to
reasonable
31
time,
place,
and
manner
restrictions
that
are
consistent
with
32
established
first
amendment
principles.
33
4.
d.
That
the
outdoor
areas
of
campus
of
an
institution
34
of
higher
education
are
public
forums,
open
on
the
same
terms
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to
any
invited
speaker
subject
to
reasonable
time,
place,
1
and
manner
restrictions
that
are
consistent
with
established
2
principles
of
the
first
amendment
to
the
Constitution
of
the
3
United
States.
4
2.
Each
public
institution
of
higher
education
shall
5
develop
materials,
programs,
and
procedures
to
ensure
6
that
those
persons
who
are
responsible
for
discipline,
7
instruction,
or
administration
of
the
campus
community,
or
8
who
have
oversight
of
student
government
organizations,
or
9
distribute
activity
fee
funds,
including
but
not
limited
10
to
administrators,
campus
police
officers,
residence
life
11
officials,
faculty,
and
members
of
student
government
12
organizations,
understand
the
policies,
regulations,
and
13
duties
of
the
institution
regarding
free
expression
on
campus
14
consistent
with
this
chapter.
15
3.
a.
Each
public
institution
of
higher
education
shall
16
protect
the
first
amendment
rights
of
the
institution’s
17
students,
staff,
and
faculty
and
shall
establish
and
publicize
18
policies
that
prohibit
institutional
restrictions
and
penalties
19
based
on
protected
speech,
including
political
speech,
to
20
the
fullest
extent
required
by
the
first
amendment
to
the
21
Constitution
of
the
United
States.
A
public
institution
of
22
higher
education
shall
not
retaliate
against
a
member
of
the
23
campus
community
who
files
a
complaint
for
a
violation
of
this
24
subsection
pursuant
to
section
261H.5.
25
b.
If
it
is
determined,
after
exhaustion
of
all
available
26
administrative
and
judicial
appeals,
that
a
faculty
member
27
knowingly
and
intentionally
restricts
the
protected
speech
or
28
otherwise
penalizes
a
student
in
violation
of
this
subsection,
29
the
faculty
member
shall
be
subject
to
discipline
by
the
30
institution
through
the
normal
disciplinary
processes
of
the
31
institution,
and
such
discipline
may
include
termination
32
depending
on
the
totality
of
the
facts.
If
the
faculty
member
33
is
licensed
by
the
board
of
educational
examiners
under
chapter
34
272,
the
board
of
educational
examiners
shall
conduct
a
hearing
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pursuant
to
section
272.13,
and
the
faculty
member
may
be
1
subject
to
disciplinary
action
by
the
board.
2
Sec.
2.
NEW
SECTION
.
261H.6
Training
——
first
amendment
to
3
the
Constitution
of
the
United
States.
4
Each
public
institution
of
higher
education
shall
provide
5
to
each
member
of
the
institution’s
student
government
6
organization
instruction
and
training
on
the
first
amendment
to
7
the
Constitution
of
the
United
States,
including
descriptions
8
of
what
is
or
is
not
protected
under
the
amendment.
9
Sec.
3.
NEW
SECTION
.
261H.7
Race
and
sex
stereotyping
——
10
training
by
institution
prohibited.
11
1.
For
purposes
of
this
section,
unless
the
context
12
otherwise
requires:
13
a.
“Divisive
concepts”
includes
all
of
the
following:
14
(1)
That
one
race
or
sex
is
inherently
superior
to
another
15
race
or
sex.
16
(2)
That
the
state
of
Iowa
is
fundamentally
racist
or
17
sexist.
18
(3)
That
an
individual,
by
virtue
of
the
individual’s
race
19
or
sex,
is
inherently
racist,
sexist,
or
oppressive,
whether
20
consciously
or
unconsciously.
21
(4)
That
an
individual
should
be
discriminated
against
22
or
receive
adverse
treatment
solely
or
partly
because
of
the
23
individual’s
race
or
sex.
24
(5)
That
members
of
one
race
or
sex
cannot
and
should
not
25
attempt
to
treat
others
without
respect
to
race
or
sex.
26
(6)
That
an
individual’s
moral
character
is
necessarily
27
determined
by
the
individual’s
race
or
sex.
28
(7)
That
an
individual,
by
virtue
of
the
individual’s
race
29
or
sex,
bears
responsibility
for
actions
committed
in
the
past
30
by
other
members
of
the
same
race
or
sex.
31
(8)
That
any
individual
should
feel
discomfort,
guilt,
32
anguish,
or
any
other
form
of
psychological
distress
on
account
33
of
that
individual’s
race
or
sex.
34
(9)
That
meritocracy
or
traits
such
as
a
hard
work
ethic
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are
racist
or
sexist,
or
were
created
by
a
particular
race
to
1
oppress
another
race.
2
b.
“Race
or
sex
stereotyping”
includes
any
of
the
following:
3
(1)
Ascribing
character
traits,
values,
moral
and
ethical
4
codes,
status,
or
beliefs
to
a
race
or
sex,
or
to
an
individual
5
because
of
the
individual’s
race
or
sex.
6
(2)
Assigning
fault,
blame,
or
bias
to
a
race
or
sex,
or
7
to
members
of
a
race
or
sex
because
of
their
race
or
sex,
or
8
claiming
that,
consciously
or
unconsciously,
and
by
virtue
of
9
persons’
race
or
sex,
members
of
any
race
are
inherently
racist
10
or
are
inherently
inclined
to
oppress
others,
or
that
members
11
of
a
sex
are
inherently
sexist
or
inclined
to
oppress
others.
12
2.
Each
public
institution
of
higher
education
may
continue
13
training
that
fosters
a
workplace
and
learning
environment
that
14
is
respectful
of
all
employees
and
students.
However,
the
15
president
of
a
public
institution
of
higher
education
shall
16
ensure
that
any
mandatory
staff
or
student
training
provided
17
by
an
employee
of
the
institution
or
by
a
contractor
hired
by
18
the
institution
does
not
teach,
advocate,
act
upon,
or
promote
19
divisive
concepts.
This
subsection
shall
not
be
construed
as
20
preventing
an
employee
or
contractor
who
provides
mandatory
21
training
from
responding
to
questions
regarding
divisive
22
concepts
raised
by
participants
in
the
training.
23
3.
Institution
diversity
and
inclusion
efforts
shall
24
discourage
students
of
the
institution
from
discriminating
25
against
another
for
any
characteristic
protected
under
26
chapter
216
or
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
27
No.
88-352,
as
amended.
Each
public
institution
of
higher
28
education
shall
prohibit
its
employees
from
discriminating
29
against
students
for
any
characteristic
protected
under
chapter
30
216
or
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
31
88-352,
as
amended.
32
4.
This
section
shall
not
be
construed
to
do
any
of
the
33
following:
34
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
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or
faculty,
or
undermine
a
public
institution
of
higher
1
education’s
duty
to
protect
to
the
fullest
degree
intellectual
2
freedom
and
free
expression.
The
intellectual
vitality
of
3
students
and
faculty
shall
not
be
infringed
under
this
section.
4
b.
Prevent
a
public
institution
of
higher
education
from
5
promoting
diversity
or
inclusiveness,
provided
such
efforts
are
6
consistent
with
the
provisions
of
this
section,
chapter
216,
7
and
other
applicable
law.
8
c.
Prohibit
discussing
divisive
concepts
as
part
of
a
larger
9
course
of
academic
instruction.
10
d.
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
e.
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.
4.
NEW
SECTION
.
261H.8
Student
government
20
organizations
——
student
fees
——
appeals
——
liability.
21
1.
Each
institution
of
higher
education
governed
by
22
the
state
board
of
regents
shall
make
a
student
government
23
organization’s
access
to
and
authority
over
any
moneys
24
disbursed
to
the
student
government
organization
by
25
the
institution
contingent
upon
the
student
government
26
organization’s
compliance
with
the
first
amendment
to
the
27
Constitution
of
the
United
States
and
the
provisions
of
this
28
chapter.
29
2.
If,
after
exhaustion
of
all
administrative
or
30
judicial
appeals,
it
is
determined
that
a
student
government
31
organization
knowingly
and
intentionally
violated
the
first
32
amendment
rights
of
a
member
of
the
campus
community
or
that
33
an
action
or
decision
of
a
student
government
organization
is
34
in
violation
of
this
section,
the
institution
shall
suspend
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the
student
government
organization’s
authority
to
manage
and
1
disburse
student
fees
for
a
period
of
one
year.
During
this
2
period
of
suspension,
such
student
fees
shall
be
managed
and
3
disbursed
by
the
institution.
4
Sec.
5.
Section
262.9,
Code
2021,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
39.
Appoint
annually
from
among
its
7
membership
a
three-member
nonpartisan
free
speech
committee
8
that
shall
receive
complaints
under
section
261H.5
relating
9
to
the
institutions
of
higher
learning
governed
by
the
state
10
board.
11
Sec.
6.
Section
272.2,
subsection
14,
Code
2021,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
e.
The
board
may
deny
a
license
to
or
14
revoke
the
license
of
a
person
upon
the
board’s
finding
by
a
15
preponderance
of
evidence
that
the
person
discriminated
against
16
a
student
in
violation
of
section
261H.2,
subsection
3,
or
17
section
279.73.
18
Sec.
7.
NEW
SECTION
.
279.73
Intellectual
freedom
——
19
protection
——
complaints.
20
1.
The
board
of
directors
of
each
school
district
shall
21
protect
the
intellectual
freedom
of
the
school
district’s
22
students
and
practitioners
and
shall
establish
and
publicize
23
policies
that
protect
students
and
faculty
from
discrimination
24
based
on
political
bias.
A
person
shall
not
retaliate
against
25
a
person
who
files
a
complaint
for
a
violation
of
this
section.
26
If
the
person
who
files
a
complaint
for
a
violation
of
this
27
section
is
an
employee
of
the
school
district,
the
provisions
28
of
section
70A.29
shall
apply.
29
2.
If
the
board
of
directors
of
the
school
district
or
30
a
court
finds
that
an
employee
of
the
school
district
who
31
holds
a
license,
certificate,
statement
of
recognition,
or
32
authorization
issued
by
the
board
of
educational
examiners
33
under
chapter
272
discriminated
against
a
student
in
violation
34
of
this
section,
the
board
of
educational
examiners
shall
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conduct
a
hearing
pursuant
to
section
272.13,
and
the
1
employee
may
be
subject
to
disciplinary
action
by
the
board
of
2
educational
examiners
pursuant
to
section
272.2,
subsection
14.
3
Sec.
8.
NEW
SECTION
.
279.74
Race
and
sex
stereotyping
——
4
training
prohibited.
5
1.
For
purposes
of
this
section,
unless
the
context
6
otherwise
requires:
7
a.
“Divisive
concepts”
means
the
same
as
defined
in
section
8
261H.7.
9
b.
“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
mandatory
staff
or
15
student
training
provided
by
an
employee
of
the
school
district
16
or
by
a
contractor
hired
by
the
school
district
does
not
17
teach,
advocate,
act
upon,
or
promote
divisive
concepts.
This
18
subsection
shall
not
be
construed
as
preventing
an
employee
or
19
contractor
who
provides
mandatory
training
from
responding
to
20
questions
regarding
divisive
concepts
raised
by
participants
in
21
the
training.
22
3.
School
district
diversity
and
inclusion
efforts
shall
23
discourage
students
of
the
school
district
from
discriminating
24
against
another
for
any
other
characteristic
protected
under
25
chapter
216
or
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
26
No.
88-352,
as
amended.
Each
school
district
shall
prohibit
27
its
employees
from
discriminating
against
students
for
any
28
characteristic
protected
under
chapter
216
or
the
federal
Civil
29
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended.
30
4.
This
section
shall
not
be
construed
to
do
any
of
the
31
following:
32
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
33
or
faculty,
or
undermine
a
school
district’s
duty
to
protect
to
34
the
fullest
degree
intellectual
freedom
and
free
expression.
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The
intellectual
vitality
of
students
and
faculty
shall
not
be
1
infringed
under
this
section.
2
b.
Prevent
a
school
district
from
promoting
diversity
or
3
inclusiveness,
provided
such
efforts
are
consistent
with
the
4
provisions
of
this
section,
chapter
216,
and
other
applicable
5
law.
6
c.
Prohibit
discussing
divisive
concepts
as
part
of
a
larger
7
course
of
academic
instruction.
8
d.
Create
any
right
or
benefit,
substantive
or
procedural,
9
enforceable
at
law
or
in
equity
by
any
party
against
the
state
10
of
Iowa,
its
departments,
agencies,
or
entities,
its
officers,
11
employees,
or
agents,
or
any
other
person.
12
e.
Prohibit
a
state
or
federal
court
or
agency
of
13
competent
jurisdiction
from
ordering
a
training
or
remedial
14
action
containing
discussions
of
divisive
concepts
as
a
15
remedial
action
due
to
a
finding
of
discrimination,
including
16
discrimination
based
on
race
or
sex.
17
Sec.
9.
Section
280.22,
subsections
4
and
5,
Code
2021,
are
18
amended
to
read
as
follows:
19
4.
Each
board
of
directors
of
a
public
school
shall
adopt
20
rules
in
the
form
of
a
written
publications
code,
which
shall
21
include
reasonable
provisions
for
the
time,
place,
and
manner
22
of
conducting
such
activities
within
its
jurisdiction.
The
23
code
shall
incorporate
all
of
the
provisions
of
this
section.
24
The
board
shall
make
the
code
available
to
the
students
and
25
their
parents.
26
5.
Student
editors
of
official
school
publications
shall
27
assign
and
edit
the
news,
editorial,
and
feature
content
of
28
their
publications
subject
to
the
limitations
of
this
section
.
29
Journalism
advisers
of
students
producing
official
school
30
publications
shall
supervise
the
production
of
the
student
31
staff
,
in
order
to
maintain
professional
standards
of
English
32
and
journalism
,
and
to
comply
with
this
section
.
33
Sec.
10.
Section
280.22,
Code
2021,
is
amended
by
adding
the
34
following
new
subsection:
35
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NEW
SUBSECTION
.
6A.
A
public
school
employee
or
official,
1
acting
within
the
scope
of
the
person’s
professional
ethics,
2
if
any,
shall
not
be
dismissed,
suspended,
disciplined,
3
reassigned,
transferred,
subject
to
termination
or
nonrenewal
4
of
a
teaching
contract
issued
under
section
279.13
or
an
5
extracurricular
contract
issued
under
section
279.19A,
or
6
otherwise
retaliated
against
for
acting
to
protect
a
student
7
for
engaging
in
conduct
authorized
under
this
section,
or
8
refusing
to
infringe
upon
student
conduct
that
is
protected
by
9
this
section,
the
first
amendment
to
the
Constitution
of
the
10
United
States,
or
Article
I,
section
7,
of
the
Constitution
of
11
the
State
of
Iowa.
12
Sec.
11.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
13
3,
shall
not
apply
to
this
Act.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
provides
for
first
amendment
rights
training,
18
prohibitions,
and
requirements
at
or
by
school
districts
and
19
public
postsecondary
educational
institutions.
20
Each
public
institution
of
higher
education
must
develop
21
materials,
programs,
and
procedures
to
ensure
that
those
22
persons
who
are
responsible
for
discipline,
instruction,
or
23
administration
of
the
campus
community,
and
who
have
oversight
24
of
student
government
organizations,
or
distribute
activity
fee
25
funds,
understand
the
policies,
regulations,
and
duties
of
the
26
institution
regarding
free
expression
on
campus.
27
Each
such
public
institution
of
higher
education
must
28
protect
the
first
amendment
rights
of
its
students,
staff,
and
29
faculty
and
must
establish
and
publicize
policies
that
prohibit
30
institutional
restrictions
and
penalties
based
on
protected
31
speech.
An
institution
shall
not
retaliate
against
a
person
32
filing
a
discrimination
complaint.
33
If
it
is
determined
that
a
faculty
member
knowingly
and
34
intentionally
restricts
the
protected
speech
or
otherwise
35
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penalizes
a
student,
the
faculty
member
shall
be
subject
to
1
discipline
by
the
institution.
The
bill
establishes
similar
2
requirements
for
school
districts.
If
the
faculty
member
or
in
3
the
case
of
a
school
district,
the
school
employee,
is
licensed
4
by
the
board
of
educational
examiners,
the
faculty
member
or
5
school
employee,
as
appropriate,
may
be
subject
to
disciplinary
6
action
by
the
board.
7
If
it
is
determined
that
a
student
government
organization
8
knowingly
and
intentionally
violated
the
first
amendment
9
rights
of
a
member
of
the
campus
community
or
is
in
violation
10
of
the
provisions
of
the
bill,
the
institution
shall
suspend
11
the
student
government
organization’s
authority
to
manage
and
12
disburse
student
fees
for
a
period
of
two
years,
during
which
13
time
the
student
fees
shall
be
managed
and
disbursed
by
the
14
institution.
15
Each
public
institution
of
higher
education
must
provide
16
to
each
student
and
each
student
government
organization
17
instruction
and
training
on
the
first
amendment
to
the
18
Constitution
of
the
United
States,
including
descriptions
of
19
what
is
or
is
not
protected
under
the
amendment.
20
Each
school
district
and
each
public
institution
of
higher
21
learning
may
continue
all
training
that
fosters
a
workplace
22
that
is
respectful
of
all
employees
and
students,
but
the
23
superintendent
of
the
school
district
or
the
president
of
the
24
institution
must
ensure
that
any
mandatory
staff
or
student
25
training
provided
by
an
employee
of
the
school
district
or
the
26
institution
or
by
a
contractor
hired
by
the
school
district
27
or
the
institution
does
not
teach,
advocate,
act
upon,
or
28
promote
divisive
concepts,
which
the
bill
defines
to
include
29
that
one
race
or
sex
is
inherently
superior
to
another;
that
30
Iowa
is
fundamentally
racist
or
sexist;
that
an
individual,
31
by
virtue
of
the
individual’s
race
or
sex,
is
inherently
32
racist,
sexist,
or
oppressive;
that
an
individual
should
be
33
discriminated
against
or
receive
adverse
treatment
solely
or
34
partly
because
of
his
or
her
race
or
sex;
that
members
of
one
35
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race
or
sex
cannot
and
should
not
attempt
to
treat
others
1
without
respect
to
race
or
sex;
that
an
individual’s
moral
2
character
is
necessarily
determined
by
his
or
her
race
or
sex;
3
that
an
individual
bears
responsibility
for
actions
committed
4
in
the
past
by
other
members
of
the
same
race
or
sex;
that
any
5
individual
should
feel
psychological
distress
on
account
of
6
that
individual’s
race
or
sex;
and
that
meritocracy
or
traits
7
such
as
a
hard
work
ethic
are
racist
or
sexist,
or
were
created
8
by
a
particular
race
to
oppress
another
race.
9
The
bill
defines
“race
or
sex
stereotyping”
as
ascribing
10
character
traits,
values,
moral
and
ethical
codes,
status,
or
11
beliefs
to
a
race
or
sex,
or
to
an
individual
because
of
the
12
individual’s
race
or
sex;
assigning
fault,
blame,
or
bias
to
13
a
race
or
sex;
or
to
members
of
a
race
or
sex
because
of
their
14
race
or
sex;
or
claiming
that,
consciously
or
unconsciously,
15
and
by
virtue
of
persons’
race
or
sex,
members
of
any
race
are
16
inherently
racist
or
are
inherently
inclined
to
oppress
others,
17
or
that
members
of
a
sex
are
inherently
sexist
or
inclined
to
18
oppress
others.
19
Institution
diversity
and
inclusion
efforts
must
discourage
20
students
of
the
school
district
or
institution
from
21
discriminating
against
another
for
any
characteristic
protected
22
under
Code
chapter
216
or
the
federal
Civil
Rights
Act
of
1964.
23
Nothing
in
the
provisions
relating
to
training
prohibitions
24
shall
be
construed
to
inhibit
or
violate
the
first
amendment
25
rights
of
students
or
faculty
or
undermine
the
institution’s
or
26
school
district’s
duty
to
protect
intellectual
freedom
and
free
27
expression;
prevent
a
school
district
or
public
postsecondary
28
institution
from
promoting
diversity
or
inclusiveness;
to
29
prohibit
discussing
divisive
concepts
as
part
of
a
larger
30
course
of
academic
instruction;
to
create
any
right
or
benefit,
31
substantive
or
procedural,
enforceable
at
law
or
in
equity
32
by
any
party
against
the
state
of
Iowa,
its
departments,
33
agencies,
or
entities,
its
officers,
employees,
or
agents,
or
34
any
other
person;
or
to
prohibit
a
state
or
federal
court
or
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agency
of
competent
jurisdiction
from
ordering
a
training
or
1
remedial
action
due
to
a
finding
of
discrimination,
including
2
discrimination
based
on
race
or
sex.
3
Each
regents
university
shall
make
student
government
4
organization
access
to
and
authority
over
any
moneys
disbursed
5
to
the
student
government
organization
by
the
university
6
contingent
upon
the
student
government
organization’s
7
compliance
with
the
first
amendment
to
the
Constitution
of
the
8
United
States
and
with
Code
chapter
261H.
9
If,
after
the
exhaustion
of
administrative
or
judicial
10
appeals,
it
is
determined
that
a
student
government
11
organization
knowingly
and
intentionally
violated
the
first
12
amendment
rights
of
a
member
of
the
campus
community
or
that
13
an
action
of
a
student
government
organization
violated
the
14
provisions
of
the
bill,
the
institution
shall
suspend
the
15
student
government
organization’s
authority
to
manage
and
16
disburse
student
fees
for
one
year.
During
this
period
of
17
suspension,
such
student
fees
shall
be
managed
and
disbursed
18
by
the
institution.
19
The
state
board
of
regents
must
annually
appoint
from
among
20
its
membership
a
three-member
nonpartisan
free
speech
appeals
21
committee
to
receive
complaints
under
Code
section
261H.5
22
relating
to
the
institutions
of
higher
learning
governed
by
the
23
state
board.
24
Code
section
280.22
provides
that
public
school
students
25
have
the
right
to
exercise
freedom
of
speech,
including
the
26
right
of
expression
in
official
school
publications,
with
27
exceptions
for
materials
that
are
obscene,
libelous,
or
28
slanderous,
or
encourage
students
to
commit
unlawful
acts,
29
violate
lawful
school
regulations,
or
cause
the
material
30
and
substantial
disruption
of
the
orderly
operation
of
the
31
school.
Prior
restraint
of
permitted
materials
is
prohibited.
32
Expression
made
by
students
in
the
exercise
of
free
speech
33
shall
not
be
deemed
to
be
an
expression
of
school
policy,
and
a
34
public
school
is
not
liable
for
such
expression.
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The
bill
provides
that
a
public
school
employee
or
official
1
shall
not
be
dismissed,
suspended,
disciplined,
reassigned,
2
transferred,
subject
to
termination
or
nonrenewal
of
a
3
teaching
contract
or
an
extracurricular
contract,
or
otherwise
4
retaliated
against
for
acting
to
protect
a
student
for
engaging
5
in
conduct
authorized
under
Iowa
law
pertaining
to
freedom
of
6
expression
of
public
school
students,
or
refusing
to
infringe
7
upon
student
conduct
that
is
protected
by
such
Iowa
law,
the
8
first
amendment
to
the
Constitution
of
the
United
States,
or
9
Article
I,
section
7,
of
the
Constitution
of
the
State
of
Iowa.
10
The
bill
modifies
a
requirement
that
journalism
advisers
11
of
students
producing
official
school
publications
supervise
12
the
production
of
the
student
staff
in
order
to
maintain
the
13
professional
standards.
14
The
bill
provides
that
the
written
publications
code
that
15
each
school
board
is
required
to
adopt
under
Code
section
16
280.22
shall
incorporate
all
of
the
provisions
of
that
Code
17
section.
18
The
bill
may
include
a
state
mandate
as
defined
in
Code
19
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
20
subsection
3,
which
would
relieve
a
political
subdivision
from
21
complying
with
a
state
mandate
if
funding
for
the
cost
of
22
the
state
mandate
is
not
provided
or
specified.
Therefore,
23
political
subdivisions
are
required
to
comply
with
any
state
24
mandate
included
in
the
bill.
25
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