Text: HF02343 Text: HF02345 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. FINDINGS AND PURPOSE. 1 2 1. The general assembly finds and declares that students 1 3 in this state have a right to attend campuses that are safe, 1 4 secure, and peaceful. It is incumbent on the citizens and 1 5 officials of this state to ensure that all students attending 1 6 schools and colleges in this state are protected from violent 1 7 or potentially violent discrimination. Educators witnessing 1 8 the effects of violence on students know that students cannot 1 9 focus on learning if they are concerned for their safety. One 1 10 consequence of the fear, or actual occurrence, of violent 1 11 discrimination is teen suicide, the incidence of which must be 1 12 reduced. 1 13 2. To combat violent and potentially violent 1 14 discrimination and the resultant ill effects on students in 1 15 this state, immediate action must be taken to ensure that all 1 16 students are provided equal protection from discrimination 1 17 under Iowa law. The purpose of this Act is to provide such 1 18 protection to individual students in this state as well as to 1 19 the institutions of learning in this state. 1 20 Sec. 2. Section 216.9, unnumbered paragraph 1, Code 1999, 1 21 is amended to read as follows: 1 22 It is an unfair or discriminatory practice for any 1 23 educational institution to discriminate on the basis of race, 1 24 creed, color, sex, national origin, religion, or disability in 1 25 any program or activity; or on any basis listed in section 1 26 729A.1 as a violation of an individual's rights. Such 1 27 discriminatory practices shall include but not be limited to 1 28 the following practices: 1 29 Sec. 3. Section 216.9, unnumbered paragraph 2, Code 1999, 1 30 is amended to read as follows: 1 31 For the purpose of this section, "educational institution" 1 32 includes any preschool, elementary, secondary, or community 1 33 college, area education agency, or postsecondary college or 1 34 university and their governing boards. This section does not 1 35 prohibit an educational institution from maintaining separate 2 1 toilet facilities, locker rooms, or living facilities for the 2 2 different sexes so long as comparable facilities are provided. 2 3 Nothing in this section shall be construed as prohibiting any 2 4 bona fide religious institution from imposing qualifications 2 5 based on religion when such qualifications are related to a 2 6 bona fide religious purpose or any institution from admitting 2 7 students of only one sex. This section shall not be construed 2 8 to require the inclusion of any curriculum, textbook, 2 9 presentation, or other material in any program or activity 2 10 conducted by an educational institution. 2 11 Sec. 4. Section 261.9, subsection 1, paragraph e, Code 2 12 1999, is amended to read as follows: 2 13 e. Which adheres to the provisions of chapter 216 and 2 14 which promotes equal opportunity and affirmative action 2 15 efforts in the recruitment, appointment, assignment, and 2 16 advancement of personnel at the institution. In carrying out 2 17 this responsibility the institution shall do all of the 2 18 following: 2 19 Sec. 5. Section 261A.4, subsection 12, paragraph d, Code 2 20 1999, is amended to read as follows: 2 21 d. Does not discriminate in the admission of students on 2 22 the basis of age, race, creed, color, sex, national origin, 2 23 religion,ordisability; or on any basis listed in section 2 24 729A.1 as a violation of an individual's rights. 2 25 EXPLANATION 2 26 This bill prohibits an educational institution from denying 2 27 equal access to education to any individual on any basis that 2 28 is contained in the statutory hate crimes provision in Code 2 29 chapter 729A, which prohibits the violation of an individual's 2 30 rights. The bill includes a statement of findings that Iowa's 2 31 students have a right to attend campuses that are safe, 2 32 secure, and peaceful and declares the purpose of the bill is 2 33 to ensure students equal protection from discrimination under 2 34 Iowa law. 2 35 Code section 216.9, within the Code chapter governing the 3 1 civil rights commission, currently establishes that it is an 3 2 unfair or discriminatory practice for any educational 3 3 institution to discriminate on the basis of race, creed, 3 4 color, sex, national origin, religion, or disability in any 3 5 program or activity. To this list of discriminatory 3 6 practices, the bill adds any basis listed in Code section 3 7 729A.1, which is the hate crimes provision in the Code that 3 8 states that persons within the state have the right to be free 3 9 from any violence or intimidation by threat or violence, 3 10 committed against their persons or property because of their 3 11 race, color, religion, ancestry, national origin, political 3 12 affiliation, sex, sexual orientation, age, or disability. The 3 13 bill, however, exempts from the provision educational 3 14 institutions controlled by a religious organization when 3 15 application of the provision would be inconsistent with the 3 16 religious tenets of that organization. The bill specifies in 3 17 an amendment to Code section 216.9 that the bill does not 3 18 require the inclusion of any curriculum, textbook, 3 19 presentation, or other material in any program or activity 3 20 conducted by an educational institution. 3 21 Institutions that do not adhere to the provision are 3 22 subject to the procedures and remedies provided for and 3 23 available to the civil rights commission by law and 3 24 administrative rule. 3 25 The bill also amends Code section 261.9 to provide that a 3 26 private postsecondary educational institution that does not 3 27 adhere to the provisions in the civil rights chapter of the 3 28 Code does not meet the definition of "accredited private 3 29 institution", which is necessary in order to qualify its 3 30 students for state tuition grants. A similar change is made 3 31 to the definition of "institution", under the Iowa higher 3 32 education loan authority Act in Code section 261A.4. 3 33 LSB 6164HH 78 3 34 kh/cls/14
Text: HF02343 Text: HF02345 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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