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
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#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
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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
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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
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89
kh/jh
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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
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(2)
89
kh/jh
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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
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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
______________________________
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of
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#2.
#3.