House File 856 H-1094 Amend House File 856 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 STATE ENTITIES —— DIVERSITY, EQUITY, AND INCLUSION ACTIVITIES 4 PROHIBITED > 5 2. Page 3, lines 16 and 17, by striking < the same as defined 6 in section 216.2 > and inserting < a gender-related identity of a 7 person, regardless of the person’s assigned sex at birth > 8 3. Page 5, line 3, after < This > by inserting < division of 9 this > 10 4. Page 5, after line 4 by inserting: 11 < DIVISION ___ 12 COMMUNITY COLLEGES —— DIVERSITY, EQUITY, AND INCLUSION 13 ACTIVITIES PROHIBITED 14 Sec. ___. Section 261J.1, subsection 2, paragraph a, as 15 enacted by 2024 Iowa Acts, chapter 1152, section 31, is amended 16 to read as follows: 17 a. (1) An With respect to an institution of higher 18 learning governed by the state board of regents, an office 19 staffed exclusively by licensed attorneys and paralegal and 20 secretarial support for the licensed attorneys, and certified 21 by the attorney general as operating with the sole and 22 exclusive mission of ensuring legal compliance with the public 23 institution of higher education’s obligations under Tit. IX of 24 the federal Education Amendments Act of 1972, 20 U.S.C. §1681 25 et seq., as amended, the federal Americans with Disabilities 26 Act of 1990, 42 U.S.C. §12101 et seq., as amended, the federal 27 Age Discrimination in Employment Act of 1967, 29 U.S.C. §621 et 28 seq., as amended, the federal Civil Rights Act of 1964, Pub. 29 L. No. 88-352, as amended, or any other applicable federal or 30 state law or a court order. 31 (2) With respect to a community college, an office ensuring 32 legal compliance. 33 Sec. ___. Section 261J.1, subsection 3, as enacted by 2024 34 Iowa Acts, chapter 1152, section 31, is amended to read as 35 -1- HF 856.981 (2) 91 je/ns 1/ 6 #1. #2. #3. #4.

follows: 1 3. “Public institution of higher education” means an 2 institution of higher learning governed by the state board of 3 regents or a community college . 4 Sec. ___. Section 261J.4, as enacted by 2024 Iowa Acts, 5 chapter 1152, section 34, is amended to read as follows: 6 261J.4 Reporting. 7 Each public institution of higher education governed by 8 the state board of regents shall, on or before December 1 of 9 each year, submit an annual report to the general assembly and 10 the governor that certifies the public institution of higher 11 education’s institution’s compliance with this chapter . 12 Sec. ___. 2024 Iowa Acts, chapter 1152, section 36, is 13 amended to read as follows: 14 SEC. 36. FY 2025-2026 APPROPRIATIONS —— REALLOCATION. At 15 the close of the fiscal year beginning July 1, 2025, all 16 unexpended moneys appropriated by the general assembly for the 17 fiscal year that would have been expended by an institution 18 of higher learning governed by the state board of regents on 19 diversity, equity, and inclusion offices or diversity, equity, 20 and inclusion officers on or after the effective date of this 21 division of this Act are reallocated to the Iowa workforce 22 grant and incentive program fund established pursuant to 23 section 256.230, subsection 8 . 24 DIVISION ___ 25 PRIVATE INSTITUTIONS OF HIGHER EDUCATION —— DIVERSITY, EQUITY, 26 AND INCLUSION ACTIVITIES PROHIBITED 27 Sec. ___. Section 256.183, subsection 1, unnumbered 28 paragraph 1, Code 2025, is amended to read as follows: 29 “Accredited private institution” means an institution of 30 higher learning located in Iowa which is operated privately 31 and not controlled or administered by any state agency or 32 any subdivision of the state and which meets the criteria in 33 paragraphs “a” and “b” and all of the criteria in paragraphs “d” 34 through “j” “k” , except that institutions defined in paragraph 35 -2- HF 856.981 (2) 91 je/ns 2/ 6

“c” of this subsection are exempt from the requirements of 1 paragraphs “a” and “b” : 2 Sec. ___. Section 256.183, subsection 1, Code 2025, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . k. Adopt a policy for compliance with 5 chapter 261K. 6 Sec. ___. Section 256.183, subsection 3, Code 2025, is 7 amended to read as follows: 8 3. “Eligible institution” means an institution of higher 9 learning located in Iowa which is operated privately and 10 not controlled or administered by any state agency or any 11 subdivision of the state, which is not exempt from taxation 12 under section 501(c)(3) of the Internal Revenue Code, and which 13 meets all of the criteria in subsection 1 , paragraphs “d” 14 through “j” “k” , and is a school of barbering and cosmetology 15 arts and sciences licensed under chapter 157 and is accredited 16 by a national accrediting agency recognized by the United 17 States department of education. For the fiscal year beginning 18 July 1, 2017, such a school of barbering and cosmetology arts 19 and sciences shall provide a matching aggregate amount of 20 institutional financial aid equal to at least seventy-five 21 percent of the amount received by the institution’s students 22 for Iowa tuition grant assistance under section 256.191 . For 23 the fiscal year beginning July 1, 2018, the school of barbering 24 and cosmetology arts and sciences shall provide a matching 25 aggregate amount of institutional financial aid equal to at 26 least eighty-five percent of the amount received in that fiscal 27 year. Commencing with the fiscal year beginning July 1, 2019, 28 and each succeeding fiscal year, the matching aggregate amount 29 of institutional financial aid shall be at least equal to the 30 match provided by eligible institutions under section 261.9, 31 subsection 3 , paragraph “a” , Code 2023. 32 Sec. ___. NEW SECTION . 261K.1 Definitions. 33 As used in this chapter, unless the context otherwise 34 requires: 35 -3- HF 856.981 (2) 91 je/ns 3/ 6

1. “Department” means the department of education. 1 2. “Diversity, equity, and inclusion” includes all of the 2 following: 3 a. Any effort to manipulate or otherwise influence the 4 composition of the faculty or student body with reference to 5 race, sex, color, or ethnicity, apart from ensuring colorblind 6 and sex-neutral admissions and hiring in accordance with state 7 and federal antidiscrimination laws. 8 b. Any effort to promote differential treatment of or 9 provide special benefits to individuals on the basis of race, 10 color, or ethnicity. 11 c. Any effort to promote or promulgate policies and 12 procedures designed or implemented with reference to race, 13 color, or ethnicity. 14 d. Any effort to promote or promulgate trainings, 15 programming, or activities designed or implemented with 16 reference to race, color, ethnicity, gender identity, or sexual 17 orientation. 18 3. “Diversity, equity, and inclusion office” means 19 any division, office, center, or other unit of a private 20 institution of higher education that is responsible for 21 creating, developing, designing, implementing, organizing, 22 planning, or promoting policies, programming, training, 23 practices, activities, or procedures related to diversity, 24 equity, and inclusion. “Diversity, equity, and inclusion office” 25 does not include any of the following: 26 a. An office ensuring legal compliance. 27 b. An academic department within a private institution 28 of higher education that exists primarily for the purpose of 29 offering courses for degree credit and that does not establish 30 a policy or procedures to which other departments of the 31 private institution of higher education are subject. 32 c. An office solely engaged in new student recruitment. 33 d. A registered student organization. 34 4. “Private institution of higher education” means an 35 -4- HF 856.981 (2) 91 je/ns 4/ 6

accredited private institution as defined in section 256.183 or 1 and eligible institution as defined in section 256.183. 2 Sec. ___. NEW SECTION . 261K.2 Diversity, equity, and 3 inclusion office prohibited. 4 1. A private institution of higher education shall not, 5 except as otherwise provided by federal or state law or 6 accreditation standards, establish, sustain, support, or staff 7 a diversity, equity, and inclusion office. 8 2. Subsection 1 shall not be construed to cover or affect a 9 private institution of higher education’s funding of any of the 10 following: 11 a. Academic course instruction. 12 b. Research or creative works by the private institution 13 of higher education’s students, faculty, or other research 14 personnel, and the dissemination of such research or creative 15 works. 16 c. Activities of registered student organizations. 17 d. Arrangements for guest speakers and performers with 18 short-term engagements. 19 e. Mental or physical health services provided by licensed 20 professionals. 21 3. Subsection 1 shall not be construed as prohibiting bona 22 fide qualifications based on sex that are reasonably necessary 23 to the normal operation of private higher education. 24 Sec. ___. NEW SECTION . 261K.3 Enforcement. 25 1. Any person may report a private institution of higher 26 education’s potential violation of section 261K.2 to the 27 attorney general. The attorney general shall provide notice 28 of such report to the department and the institution within 29 fifteen days. No later than thirty days after receiving such 30 notice, the institution shall do one of the following: 31 a. Correct the violation and provide documentation of the 32 correction to the attorney general and the department. 33 b. Provide documentation to the attorney general and the 34 department demonstrating that the action of the institution 35 -5- HF 856.981 (2) 91 je/ns 5/ 6

upon which the report was based was not a violation of section 1 261K.2. 2 2. If, upon the conclusion of the thirty-day period 3 provided in subsection 1, the institution has not complied 4 with subsection 1, paragraph “a” , or provided documentation 5 under subsection 1, paragraph “b” , that demonstrates to 6 the satisfaction of the attorney general that a violation 7 of section 261K.2 did not occur, the institution shall be 8 ineligible to participate in the tuition grant program under 9 chapter 256, subchapter VII, part 4, subpart B, as of the 10 next academic year beginning thereafter. If either action is 11 carried out by the institution by October 1 of an academic 12 year, eligibility shall be restored as of the next academic 13 year beginning after such action is carried out. The attorney 14 general shall notify the college student aid commission to this 15 effect. > 16 5. Title page, by striking lines 1 through 4 and inserting 17 < An Act prohibiting public entities and private educational 18 institutions from engaging in certain activities relating to 19 diversity, equity, and inclusion, creating a private cause of 20 action, and including > 21 6. By renumbering as necessary. 22 ______________________________ COLLINS of Des Moines -6- HF 856.981 (2) 91 je/ns 6/ 6 #5. #6.