Senate amendment to House File 744 H-1359 Amend House File 744, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 3, after line 9 by inserting: 3 < Sec. ___. NEW SECTION . 261H.7 Student government 4 organizations —— student fees —— appeals —— liability. 5 1. Each institution of higher education governed by 6 the state board of regents shall make a student government 7 organization’s access to and authority over any moneys 8 disbursed to the student government organization by 9 the institution contingent upon the student government 10 organization’s compliance with the first amendment to the 11 Constitution of the United States and the provisions of this 12 chapter. 13 2. If, after exhaustion of all administrative or 14 judicial appeals, it is determined that a student government 15 organization knowingly and intentionally violated the first 16 amendment rights of a member of the campus community or that 17 an action or decision of a student government organization is 18 in violation of this section, the institution shall suspend 19 the student government organization’s authority to manage and 20 disburse student fees for a period of one year. During this 21 period of suspension, such student fees shall be managed and 22 disbursed by the institution. 23 Sec. ___. Section 262.9, Code 2021, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 39. Appoint annually from among its 26 membership a three-member nonpartisan free speech committee 27 that shall receive complaints under section 261H.5 relating 28 to the institutions of higher learning governed by the state 29 board. 30 Sec. ___. Section 272.2, subsection 14, Code 2021, is 31 amended by adding the following new paragraph: 32 NEW PARAGRAPH . e. The board may deny a license to or 33 revoke the license of a person upon the board’s finding by a 34 preponderance of evidence that the person discriminated against 35 -1- HF744.1845.S (1) 89 mb 1/ 3 #1.

a student in violation of section 261H.2, subsection 3, or 1 section 279.73. > 2 2. Page 3, after line 30 by inserting: 3 < Sec. ___. Section 280.22, subsections 4 and 5, Code 2021, 4 are amended to read as follows: 5 4. Each board of directors of a public school shall adopt 6 rules in the form of a written publications code, which shall 7 include reasonable provisions for the time, place, and manner 8 of conducting such activities within its jurisdiction. The 9 code shall incorporate all of the provisions of this section. 10 The board shall make the code available to the students and 11 their parents. 12 5. Student editors of official school publications shall 13 assign and edit the news, editorial, and feature content of 14 their publications subject to the limitations of this section . 15 Journalism advisers of students producing official school 16 publications shall supervise the production of the student 17 staff , in order to maintain professional standards of English 18 and journalism , and to comply with this section . 19 Sec. ___. Section 280.22, Code 2021, is amended by adding 20 the following new subsection: 21 NEW SUBSECTION . 6A. A public school employee or official, 22 acting within the scope of the person’s professional ethics, 23 if any, shall not be dismissed, suspended, disciplined, 24 reassigned, transferred, subject to termination or nonrenewal 25 of a teaching contract issued under section 279.13 or an 26 extracurricular contract issued under section 279.19A, or 27 otherwise retaliated against for acting to protect a student 28 for engaging in conduct authorized under this section, or 29 refusing to infringe upon student conduct that is protected by 30 this section, the first amendment to the Constitution of the 31 United States, or Article I, section 7, of the Constitution of 32 the State of Iowa. 33 Sec. ___. IMPLEMENTATION OF ACT. Section 25B.2, subsection 34 3, shall not apply to this Act. > 35 -2- HF744.1845.S (1) 89 mb 2/ 3 #2.