House File 744 H-1206 Amend House File 744 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 261H.2, Code 2021, is amended to read 4 as follows: 5 261H.2 Policy adoption Public institutions of higher 6 education —— duties . 7 1. The state board of regents and the board of directors of 8 each community college shall adopt a policy that includes all 9 of the following statements: 10 1. a. That the primary function of an institution of higher 11 education is the discovery, improvement, transmission, and 12 dissemination of knowledge by means of research, teaching, 13 discussion, and debate. This statement shall provide that, to 14 fulfill this function, the institution must strive to ensure 15 the fullest degree of intellectual freedom and free expression 16 allowed under the first amendment to the Constitution of the 17 United States. 18 2. a. b. (1) That it is not the proper role of an 19 institution of higher education to shield individuals from 20 speech protected by the first amendment to the Constitution of 21 the United States, which may include ideas and opinions the 22 individual finds unwelcome, disagreeable, or even offensive. 23 b. (2) That it is the proper role of an institution of 24 higher education to encourage diversity of thoughts, ideas, 25 and opinions and to encourage, within the bounds of the 26 first amendment to the Constitution of the United States, the 27 peaceful, respectful, and safe exercise of first amendment 28 rights. 29 3. c. That students and faculty have the freedom to 30 discuss any problem that presents itself, assemble, and engage 31 in spontaneous expressive activity on campus, within the 32 bounds of established principles of the first amendment to the 33 Constitution of the United States, and subject to reasonable 34 time, place, and manner restrictions that are consistent with 35 -1- HF744.1350 (2) 89 kh/jh 1/ 4 #1.

established first amendment principles. 1 4. d. That the outdoor areas of campus of an institution 2 of higher education are public forums, open on the same terms 3 to any invited speaker subject to reasonable time, place, 4 and manner restrictions that are consistent with established 5 principles of the first amendment to the Constitution of the 6 United States. 7 2. The state board of regents shall develop materials, 8 programs, and procedures to ensure that those persons who are 9 responsible for discipline, instruction, or administration 10 of the campus community, or who have oversight of student 11 government organizations, or distribute activity fee funds, 12 including but not limited to presidents, vice-presidents, 13 deans, department directors, administrators, campus police 14 officers, residence life officials, faculty, and members of 15 student government organizations, understand the policies, 16 regulations, and duties of the institution regarding free 17 expression on campus consistent with this chapter. 18 3. a. Each public institution of higher education shall 19 protect the first amendment rights of the institution’s 20 students, staff, and faculty and shall establish and publicize 21 policies that prohibit institutional restrictions and penalties 22 based on protected speech, including political speech, to 23 the fullest extent required by the first amendment to the 24 Constitution of the United States. A public institution of 25 higher education shall not retaliate against a member of the 26 campus community who files a complaint for a violation of this 27 subsection pursuant to section 261H.5. 28 b. If it is determined, after exhaustion of all available 29 administrative and judicial appeals, that a faculty member 30 knowingly and intentionally restricts the protected speech or 31 otherwise penalizes a student in violation of this subsection, 32 the faculty member shall be subject to discipline by the 33 institution through the normal disciplinary processes of the 34 institution, and such discipline may include termination 35 -2- HF744.1350 (2) 89 kh/jh 2/ 4

depending on the totality of the facts. If the faculty member 1 is licensed by the board of educational examiners under chapter 2 272, the board of educational examiners shall conduct a hearing 3 pursuant to section 272.13, and the faculty member may be 4 subject to disciplinary action by the board. 5 Sec. 2. NEW SECTION . 261H.6 Training —— first amendment to 6 the Constitution of the United States. 7 Each public institution of higher education shall provide 8 training on free speech under the first amendment to the 9 Constitution of the United States to all students, faculty, and 10 staff on an annual basis, which elected officials and staff 11 shall be permitted to attend. 12 Sec. 3. NEW SECTION . 279.73 Intellectual freedom —— 13 protection —— complaints. 14 1. The board of directors of each school district shall 15 protect the intellectual freedom of the school district’s 16 students and practitioners and shall establish and publicize 17 policies that protect students and faculty from discrimination 18 based on speech. A person shall not retaliate against a person 19 who files a complaint for a violation of this section. If the 20 person who files a complaint for a violation of this section is 21 an employee of the school district, the provisions of section 22 70A.29 shall apply. 23 2. If the board of directors of the school district or 24 a court finds that an employee of the school district who 25 holds a license, certificate, statement of recognition, or 26 authorization issued by the board of educational examiners 27 under chapter 272 discriminated against a student or employee 28 in violation of this section, the employee found to be in 29 violation under this section shall be subject to a hearing 30 conducted by the board of educational examiners pursuant to 31 section 272.2, subsection 14, which may result in disciplinary 32 action and the employee’s employment may be terminated. > 33 2. Title page, by striking line 3 and inserting < public 34 institutions of higher education. > 35 -3- HF744.1350 (2) 89 kh/jh 3/ 4