S-3109

   Amend House File 744, as amended, passed, and reprinted by the House, as follows:
   1.  Page 3, after line 9 by inserting: 
   <Sec. ___.  NEW SECTION.  261H.7  Student government organizations —— student fees —— appeals —— liability.
   1.  Each institution of higher education governed by the state board of regents shall make a student government organization’s access to and authority over any moneys disbursed to the student government organization by the institution contingent upon the student government organization’s compliance with the first amendment to the Constitution of the United States and the provisions of this chapter.
   2.  If, after exhaustion of all administrative or judicial appeals, it is determined that a student government organization knowingly and intentionally violated the first amendment rights of a member of the campus community or that an action or decision of a student government organization is in violation of this section, the institution shall suspend the student government organization’s authority to manage and disburse student fees for a period of one year. During this period of suspension, such student fees shall be managed and disbursed by the institution.
   Sec. ___.  Section 262.9, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  39.  Appoint annually from among its membership a three-member nonpartisan free speech committee that shall receive complaints under section 261H.5 relating to the institutions of higher learning governed by the state board.
   Sec. ___.  Section 272.2, subsection 14, Code 2021, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  The board may deny a license to or revoke the license of a person upon the board’s finding by a preponderance of evidence that the person discriminated against a student in violation of section 261H.2, subsection 3, or section 279.73.>
   2.  Page 3, after line 30 by inserting: 
   <Sec. ___.  Section 280.22, subsections 4 and 5, Code 2021, are amended to read as follows:
   4.  Each board of directors of a public school shall adopt rules in the form of a written publications code, which shall include reasonable provisions for the time, place, and manner of conducting such activities within its jurisdiction.  The code shall incorporate all of the provisions of this section. The board shall make the code available to the students and their parents.
   5.  Student editors of official school publications shall assign and edit the news, editorial, and feature content of their publications subject to the limitations of this section. Journalism advisers of students producing official school publications shall supervise the production of the student staff, in order to maintain professional standards of English and journalism, and to comply with this section.
   Sec. ___.  Section 280.22, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  A public school employee or official, acting within the scope of the person’s professional ethics, if any, shall not be dismissed, suspended, disciplined, reassigned, transferred, subject to termination or nonrenewal of a teaching contract issued under section 279.13 or an extracurricular contract issued under section 279.19A, or otherwise retaliated against for acting to protect a student for engaging in conduct authorized under this section, or refusing to infringe upon student conduct that is protected by this section, the first amendment to the Constitution of the United States, or Article I, section 7, of the Constitution of the State of Iowa.
   Sec. ___.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.>
   3.  By renumbering as necessary.

______________________________
COMMITTEE ON EDUCATION

AMY SINCLAIR, CHAIRPERSON