H-1094

   Amend House File 856 as follows:
   1.  Page 1, before line 1 by inserting: 
<DIVISION I
STATE ENTITIES —— DIVERSITY, EQUITY, AND INCLUSION ACTIVITIES PROHIBITED>
   2.  Page 3, lines 16 and 17, by striking <the same as defined in section 216.2> and inserting <a gender-related identity of a person, regardless of the person’s assigned sex at birth>
   3.  Page 5, line 3, after <This> by inserting <division of this>
   4.  Page 5, after line 4 by inserting: 
<DIVISION ___
COMMUNITY COLLEGES —— DIVERSITY, EQUITY, AND INCLUSION ACTIVITIES PROHIBITED

   Sec. ___.  Section 261J.1, subsection 2, paragraph a, as enacted by 2024 Iowa Acts, chapter 1152, section 31, is amended to read as follows:
   a.  (1)  An With respect to an institution of higher learning governed by the state board of regents, an office staffed exclusively by licensed attorneys and paralegal and secretarial support for the licensed attorneys, and certified by the attorney general as operating with the sole and exclusive mission of ensuring legal compliance with the public institution of higher education’s obligations under Tit. IX of the federal Education Amendments Act of 1972, 20 U.S.C. §1681 et seq., as amended, the federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., as amended, the federal Age Discrimination in Employment Act of 1967, 29 U.S.C. §621 et seq., as amended, the federal Civil Rights Act of 1964, Pub. L. No. 88-352, as amended, or any other applicable federal or state law or a court order.
   (2)  With respect to a community college, an office ensuring legal compliance.
   Sec. ___.  Section 261J.1, subsection 3, as enacted by 2024 Iowa Acts, chapter 1152, section 31, is amended to read as follows:
   3.  “Public institution of higher education” means an institution of higher learning governed by the state board of regents or a community college.
   Sec. ___.  Section 261J.4, as enacted by 2024 Iowa Acts, chapter 1152, section 34, is amended to read as follows:
   261J.4  Reporting.
   Each public institution of higher education governed by the state board of regents shall, on or before December 1 of each year, submit an annual report to the general assembly and the governor that certifies the public institution of higher education’s institution’s compliance with this chapter.
   Sec. ___.  2024 Iowa Acts, chapter 1152, section 36, is amended to read as follows:
   SEC. 36.  FY 2025-2026 APPROPRIATIONS —— REALLOCATION.  At the close of the fiscal year beginning July 1, 2025, all unexpended moneys appropriated by the general assembly for the fiscal year that would have been expended by an institution of higher learning governed by the state board of regents on diversity, equity, and inclusion offices or diversity, equity, and inclusion officers on or after the effective date of this division of this Act are reallocated to the Iowa workforce grant and incentive program fund established pursuant to section 256.230, subsection 8.
DIVISION ___
PRIVATE INSTITUTIONS OF HIGHER EDUCATION —— DIVERSITY, EQUITY, AND INCLUSION ACTIVITIES PROHIBITED

   Sec. ___.  Section 256.183, subsection 1, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   “Accredited private institution” means an institution of higher learning located in Iowa which is operated privately and not controlled or administered by any state agency or any subdivision of the state and which meets the criteria in paragraphs “a” and “b” and all of the criteria in paragraphs “d” through “j” “k”, except that institutions defined in paragraph “c” of this subsection are exempt from the requirements of paragraphs “a” and “b”:
   Sec. ___.  Section 256.183, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  k.  Adopt a policy for compliance with chapter 261K.
   Sec. ___.  Section 256.183, subsection 3, Code 2025, is amended to read as follows:
   3.  “Eligible institution” means an institution of higher learning located in Iowa which is operated privately and not controlled or administered by any state agency or any subdivision of the state, which is not exempt from taxation under section 501(c)(3) of the Internal Revenue Code, and which meets all of the criteria in subsection 1, paragraphs “d” through “j” “k”, and is a school of barbering and cosmetology arts and sciences licensed under chapter 157 and is accredited by a national accrediting agency recognized by the United States department of education. For the fiscal year beginning July 1, 2017, such a school of barbering and cosmetology arts and sciences shall provide a matching aggregate amount of institutional financial aid equal to at least seventy-five percent of the amount received by the institution’s students for Iowa tuition grant assistance under section 256.191. For the fiscal year beginning July 1, 2018, the school of barbering and cosmetology arts and sciences shall provide a matching aggregate amount of institutional financial aid equal to at least eighty-five percent of the amount received in that fiscal year. Commencing with the fiscal year beginning July 1, 2019, and each succeeding fiscal year, the matching aggregate amount of institutional financial aid shall be at least equal to the match provided by eligible institutions under section 261.9, subsection 3, paragraph “a”, Code 2023.
   Sec. ___.  NEW SECTION.  261K.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Department” means the department of education.
   2.  “Diversity, equity, and inclusion” includes all of the following:
   a.  Any effort to manipulate or otherwise influence the composition of the faculty or student body with reference to race, sex, color, or ethnicity, apart from ensuring colorblind and sex-neutral admissions and hiring in accordance with state and federal antidiscrimination laws.
   b.  Any effort to promote differential treatment of or provide special benefits to individuals on the basis of race, color, or ethnicity.
   c.  Any effort to promote or promulgate policies and procedures designed or implemented with reference to race, color, or ethnicity.
   d.  Any effort to promote or promulgate trainings, programming, or activities designed or implemented with reference to race, color, ethnicity, gender identity, or sexual orientation.
   3.  “Diversity, equity, and inclusion office” means any division, office, center, or other unit of a private institution of higher education that is responsible for creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, or procedures related to diversity, equity, and inclusion. “Diversity, equity, and inclusion office” does not include any of the following:
   a.  An office ensuring legal compliance.
   b.  An academic department within a private institution of higher education that exists primarily for the purpose of offering courses for degree credit and that does not establish a policy or procedures to which other departments of the private institution of higher education are subject.
   c.  An office solely engaged in new student recruitment.
   d.  A registered student organization.
   4.  “Private institution of higher education” means an accredited private institution as defined in section 256.183 or and eligible institution as defined in section 256.183.
   Sec. ___.  NEW SECTION.  261K.2  Diversity, equity, and inclusion office prohibited.
   1.  A private institution of higher education shall not, except as otherwise provided by federal or state law or accreditation standards, establish, sustain, support, or staff a diversity, equity, and inclusion office.
   2.  Subsection 1 shall not be construed to cover or affect a private institution of higher education’s funding of any of the following:
   a.  Academic course instruction.
   b.  Research or creative works by the private institution of higher education’s students, faculty, or other research personnel, and the dissemination of such research or creative works.
   c.  Activities of registered student organizations.
   d.  Arrangements for guest speakers and performers with short-term engagements.
   e.  Mental or physical health services provided by licensed professionals.
   3.  Subsection 1 shall not be construed as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of private higher education.
   Sec. ___.  NEW SECTION.  261K.3  Enforcement.
   1.  Any person may report a private institution of higher education’s potential violation of section 261K.2 to the attorney general. The attorney general shall provide notice of such report to the department and the institution within fifteen days. No later than thirty days after receiving such notice, the institution shall do one of the following:
   a.  Correct the violation and provide documentation of the correction to the attorney general and the department.
   b.  Provide documentation to the attorney general and the department demonstrating that the action of the institution upon which the report was based was not a violation of section 261K.2.
   2.  If, upon the conclusion of the thirty-day period provided in subsection 1, the institution has not complied with subsection 1, paragraph “a”, or provided documentation under subsection 1, paragraph “b”, that demonstrates to the satisfaction of the attorney general that a violation of section 261K.2 did not occur, the institution shall be ineligible to participate in the tuition grant program under chapter 256, subchapter VII, part 4, subpart B, as of the next academic year beginning thereafter. If either action is carried out by the institution by October 1 of an academic year, eligibility shall be restored as of the next academic year beginning after such action is carried out. The attorney general shall notify the college student aid commission to this effect.>
   5.  Title page, by striking lines 1 through 4 and inserting <An Act prohibiting public entities and private educational institutions from engaging in certain activities relating to diversity, equity, and inclusion, creating a private cause of action, and including>
   6.  By renumbering as necessary.

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COLLINS of Des Moines