House File 802 H-1207 Amend House File 802 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 25A.1 Race and sex stereotyping 4 —— training prohibited by state and local governments. 5 1. For purposes of this section, unless the context 6 otherwise requires: 7 a. “Agency” or “state agency” means the same as defined in 8 section 8A.101. 9 b. “Divisive concepts” means the same as defined in section 10 261H.7, subsection 1. 11 c. “Governmental entity” means any unit of government in 12 the executive, legislative, or judicial branch of government; 13 an agency or political subdivision; any unit of another state 14 government, including its political subdivisions; or any 15 association or other organization whose membership consists 16 primarily of one or more of any of the foregoing. 17 d. “Governmental subdivision” means a county or city or 18 combination thereof. 19 e. “Race or sex scapegoating” means the same as defined in 20 section 261H.7, subsection 1. 21 f. “Race or sex stereotyping” means the same as defined in 22 section 261H.7, subsection 1. 23 2. Each agency, governmental entity, or governmental 24 subdivision may continue training that fosters a workplace 25 and learning environment that is respectful of all employees. 26 However, the head of an agency, governmental entity, or 27 governmental subdivision shall ensure that any mandatory staff 28 training provided by an employee of an agency, governmental 29 entity, or governmental subdivision, or by a contractor hired 30 by the agency, governmental entity, or governmental subdivision 31 does not teach, advocate, act upon, or promote divisive 32 concepts. This section shall not be construed as preventing 33 an employee or contractor who provides mandatory training from 34 responding to questions regarding divisive concepts raised by 35 -1- HF802.1373 (2) 89 kh/jh 1/ 7 #1.
participants in the training. 1 3. Each agency, governmental entity, or governmental 2 subdivision shall prohibit its employees from discriminating 3 against other employees by color, race, ethnicity, sex, 4 gender, or any other characteristic protected under the federal 5 Civil Rights Act of 1964, Pub. L. No. 88-352, as amended, and 6 applicable state law. 7 4. This section shall not be construed to do any of the 8 following: 9 a. Prevent an agency, governmental entity, or governmental 10 subdivision from promoting racial, cultural, ethnic, or 11 intellectual diversity or inclusiveness, provided such efforts 12 are consistent with the provisions of this section. 13 b. 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 c. 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. 2. NEW SECTION . 261H.7 Race and sex stereotyping —— 23 training by institution prohibited. 24 1. For purposes of this section, unless the context 25 otherwise requires: 26 a. “Divisive concepts” includes all of the following: 27 (1) That one race or sex is inherently superior to another 28 race or sex. 29 (2) That the United States of America and the state of Iowa 30 are fundamentally or systemically racist or sexist. 31 (3) That an individual, by virtue of the individual’s race 32 or sex, is inherently racist, sexist, or oppressive, whether 33 consciously or unconsciously. 34 (4) That an individual should be discriminated against 35 -2- HF802.1373 (2) 89 kh/jh 2/ 7
or receive adverse treatment solely or partly because of the 1 individual’s race or sex. 2 (5) That members of one race or sex cannot and should not 3 attempt to treat others without respect to race or sex. 4 (6) That an individual’s moral character is necessarily 5 determined by the individual’s race or sex. 6 (7) That an individual, by virtue of the individual’s race 7 or sex, bears responsibility for actions committed in the past 8 by other members of the same race or sex. 9 (8) That any individual should feel discomfort, guilt, 10 anguish, or any other form of psychological distress on account 11 of that individual’s race or sex. 12 (9) That meritocracy or traits such as a hard work ethic 13 are racist or sexist, or were created by a particular race to 14 oppress another race. 15 (10) Any other form of race or sex scapegoating or any other 16 form of race or sex stereotyping. 17 b. “Race or sex scapegoating” means assigning fault, blame, 18 or bias to a race or sex, or to members of a race or sex 19 because of their race or sex, or claiming that, consciously or 20 unconsciously, and by virtue of persons’ race or sex, members 21 of any race are inherently racist or are inherently inclined to 22 oppress others, or that members of a sex are inherently sexist 23 or inclined to oppress others. 24 c. “Race or sex stereotyping” means ascribing character 25 traits, values, moral and ethical codes, privileges, status, 26 or beliefs to a race or sex, or to an individual because of the 27 individual’s race or sex. 28 2. Each public institution of higher education may continue 29 training that fosters a workplace and learning environment that 30 is respectful of all employees and students. However, the 31 president, vice presidents, deans, department directors, or any 32 other administrator of a public institution of higher education 33 shall ensure that any mandatory staff or student training 34 provided by an employee of the institution or by a contractor 35 -3- HF802.1373 (2) 89 kh/jh 3/ 7
hired by the institution does not teach, advocate, act upon, 1 or promote divisive concepts. This subsection shall not be 2 construed as preventing an employee or contractor who provides 3 mandatory training from responding to questions regarding 4 divisive concepts raised by participants in the training. 5 3. Institution diversity and inclusion efforts shall 6 discourage students of a public institution of higher education 7 from discriminating against another by color, race, ethnicity, 8 sex, gender, political ideology, or any other characteristic 9 protected under the federal Civil Rights Act of 1964, Pub. L. 10 No. 88-352, as amended, and applicable state law. Each public 11 institution of higher education shall prohibit its employees 12 from discriminating against students or employees by color, 13 race, ethnicity, sex, gender, political ideology, or any other 14 characteristic protected under the federal Civil Rights Act of 15 1964, Pub. L. No. 88-352, as amended, and applicable state law. 16 4. This section shall not be construed to do any of the 17 following: 18 a. Inhibit or violate the first amendment rights of students 19 or faculty, or undermine a public institution of higher 20 education’s duty to protect to the fullest degree intellectual 21 freedom and free expression. The intellectual vitality of 22 students and faculty shall not be infringed under this section. 23 b. Prevent a public institution of higher education 24 from promoting racial, cultural, ethnic, intellectual, or 25 academic diversity or inclusiveness, provided such efforts are 26 consistent with the provisions of this section, chapter 216, 27 and other applicable law. 28 c. Prohibit discussing divisive concepts as part of a larger 29 course of academic instruction. 30 d. Create any right or benefit, substantive or procedural, 31 enforceable at law or in equity by any party against the state 32 of Iowa, its departments, agencies, or entities, its officers, 33 employees, or agents, or any other person. 34 e. Prohibit a state or federal court or agency of 35 -4- HF802.1373 (2) 89 kh/jh 4/ 7
competent jurisdiction from ordering a training or remedial 1 action containing discussions of divisive concepts as a 2 remedial action due to a finding of discrimination, including 3 discrimination based on race or sex. 4 Sec. 3. NEW SECTION . 279.74 Race and sex stereotyping —— 5 training and curriculum prohibited. 6 1. For purposes of this section, unless the context 7 otherwise requires: 8 a. “Divisive concepts” means the same as defined in section 9 261H.7. 10 b. “Race or sex scapegoating” means the same as defined in 11 section 261H.7. 12 c. “Race or sex stereotyping” means the same as defined in 13 section 261H.7. 14 2. Each school district may continue training that fosters 15 a workplace and learning environment that is respectful of 16 all employees and students. However, the superintendent of 17 each school district shall ensure that any curriculum or 18 mandatory staff or student training provided by an employee 19 of the school district or by a contractor hired by the school 20 district does not teach, advocate, act upon, or promote 21 divisive concepts. This subsection shall not be construed as 22 preventing an employee or contractor who teaches any curriculum 23 or who provides mandatory training from responding to questions 24 regarding divisive concepts raised by participants in the 25 training. 26 3. School district diversity and inclusion efforts shall 27 discourage students of the school district from discriminating 28 against another by color, race, ethnicity, sex, gender, 29 political ideology, or any other characteristic protected under 30 the federal Civil Rights Act of 1964, Pub. L. No. 88-352, as 31 amended, and applicable state law. Each school district shall 32 prohibit its employees from discriminating against students or 33 employees by color, race, ethnicity, sex, gender, or any other 34 characteristic protected under the federal Civil Rights Act of 35 -5- HF802.1373 (2) 89 kh/jh 5/ 7
1964, Pub. L. No. 88-352, as amended, and applicable state law. 1 4. This section shall not be construed to do any of the 2 following: 3 a. Inhibit or violate the first amendment rights of students 4 or faculty, or undermine a school district’s duty to protect to 5 the fullest degree intellectual freedom and free expression. 6 The intellectual vitality of students and faculty shall not be 7 infringed under this section. 8 b. Prevent a school district from promoting racial, 9 cultural, ethnic, intellectual, or academic diversity or 10 inclusiveness, provided such efforts are consistent with the 11 provisions of this section, chapter 216, and other applicable 12 law. 13 c. Prohibit discussing divisive concepts as part of a larger 14 course of academic instruction. 15 d. Create any right or benefit, substantive or procedural, 16 enforceable at law or in equity by any party against the state 17 of Iowa, its departments, agencies, or entities, its officers, 18 employees, or agents, or any other person. 19 e. Prohibit a state or federal court or agency of 20 competent jurisdiction from ordering a training or remedial 21 action containing discussions of divisive concepts as a 22 remedial action due to a finding of discrimination, including 23 discrimination based on race or sex. 24 Sec. 4. Section 280.22, subsections 4 and 5, Code 2021, are 25 amended to read as follows: 26 4. Each board of directors of a public school shall adopt 27 rules in the form of a written publications code, which shall 28 include reasonable provisions for the time, place, and manner 29 of conducting such activities within its jurisdiction. The 30 code shall incorporate all of the provisions of this section. 31 The board shall make the code available to the students and 32 their parents. 33 5. Student editors of official school publications shall 34 assign and edit the news, editorial, and feature content of 35 -6- HF802.1373 (2) 89 kh/jh 6/ 7
their publications subject to the limitations of this section . 1 Journalism advisers of students producing official school 2 publications shall supervise the production of the student 3 staff , in order to maintain professional standards of English 4 and journalism , and to comply with this section . 5 Sec. 5. Section 280.22, Code 2021, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 6A. A public school employee or official, 8 acting within the scope of the person’s professional ethics, 9 if any, shall not be dismissed, suspended, disciplined, 10 reassigned, transferred, subject to termination or nonrenewal 11 of a teaching contract issued under section 279.13 or an 12 extracurricular contract issued under section 279.19A, or 13 otherwise retaliated against for acting to protect a student 14 for engaging in conduct authorized under this section, or 15 refusing to infringe upon student conduct that is protected by 16 this section, the first amendment to the Constitution of the 17 United States, or Article I, section 7, of the Constitution of 18 the State of Iowa. 19 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3, 20 shall not apply to this Act. > 21 2. Title page, line 2, after < by, > by inserting 22 < governmental agencies and entities, > 23 3. Title page, line 3, by striking < districts > and inserting 24 < districts, > 25 ______________________________ HOLT of Crawford -7- HF802.1373 (2) 89 kh/jh 7/ 7 #2. #3.