Senate File 150 - Introduced SENATE FILE BY McCOY, LUNDBY, CONNOLLY, HATCH, BOLKCOM, QUIRMBACH, DVORSKY, COURTNEY, and DOTZLER Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act expanding prohibitions of unfair or discriminatory 2 practices at educational institutions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1694SS 81 5 kh/sh/8 PAG LIN 1 1 Section 1. Section 19B.11, subsection 1, Code 2005, is 1 2 amended to read as follows: 1 3 1. It is the policy of this state to provide equal 1 4 opportunity in school district, area education agency, and 1 5 community college employment to all persons. An individual 1 6 shall not be denied equal access to school district, area 1 7 education agency, or community college employment 1 8 opportunities because of race, creed, color, religion, 1 9 national origin, sex, real or perceived sexual orientation, 1 10 marital status, age, or physical or mental disability. It 1 11 also is the policy of this state to apply affirmative action 1 12 measures to correct deficiencies in school district, area 1 13 education agency, and community college employment systems 1 14 where those remedies are appropriate. This policy shall be 1 15 construed broadly to effectuate its purposes. 1 16 Sec. 2. Section 216.9, unnumbered paragraph 1, Code 2005, 1 17 is amended to read as follows: 1 18 It is an unfair or discriminatory practice for any 1 19 educational institution to discriminate on the basis of race, 1 20 creed, color, sex, real or perceived sexual orientation, 1 21 marital status, national origin, religion, or disability in 1 22 any program or activity. Such discriminatory practices shall 1 23 include but not be limited to the following practices: 1 24 Sec. 3. Section 216.9, unnumbered paragraph 2, Code 2005, 1 25 is amended to read as follows: 1 26 For the purpose of this section "educational institution" 1 27 includes any preschool, elementary, secondary, or community 1 28 college, area education agency, or postsecondary college or 1 29 university and their governing boards. This section does not 1 30 prohibit an educational institution from maintaining separate 1 31 toilet facilities, locker rooms or living facilities for the 1 32 different sexes so long as comparable facilities are provided. 1 33 Nothing in this section shall be construed as prohibiting any 1 34 bona fide religious institution from imposing qualifications 1 35 based on religion or sexual orientation when such 2 1 qualifications are related to a bona fide religious purpose or 2 2 any institution from admitting students of only one sex. 2 3 Sec. 4. Section 256.11, unnumbered paragraph 1, Code 2005, 2 4 is amended to read as follows: 2 5 The state board shall adopt rules under chapter 17A and a 2 6 procedure for accrediting all public and nonpublic schools in 2 7 Iowa offering instruction at any or all levels from the 2 8 prekindergarten level through grade twelve. The rules of the 2 9 state board shall prohibit, in any and all public school 2 10 educational programs, discrimination on the basis of race, 2 11 color, creed, sex, real or perceived sexual orientation, 2 12 marital status, national origin, religion, or disability. The 2 13 rules of the state board shall require that a multicultural, 2 14 gender fair approach is used by schools and school districts. 2 15 The educational program shall be taught from a multicultural, 2 16 gender fair approach. Global perspectives shall be 2 17 incorporated into all levels of the educational program. 2 18 Sec. 5. Section 280.3, unnumbered paragraph 1, Code 2005, 2 19 is amended to read as follows: 2 20 The board of directors of each public school district and 2 21 the authorities in charge of each nonpublic school shall 2 22 prescribe the minimum educational program and an attendance 2 23 policy which shall require each child to attend school for at 2 24 least one hundred forty=eight days, to be met by attendance 2 25 for at least thirty=seven days each school quarter, for the 2 26 schools under their jurisdictions. The minimum educational 2 27 program shall be the curriculum set forth in section 256.11, 2 28 except as otherwise provided by law. The board of directors 2 29 of a public school district shall not allow discrimination in 2 30 any educational program on the basis of race, color, creed, 2 31 sex, real or perceived sexual orientation, marital status, 2 32 religion, disability, or place of national origin. 2 33 EXPLANATION 2 34 This bill expands the current prohibitions on unfair and 2 35 discriminatory practices in educational programs. 3 1 The bill expands the protection of Code chapter 19B, 3 2 governing equal opportunity and affirmative action, to provide 3 3 that an individual shall not be denied equal access to school 3 4 district, area education agency, or community college 3 5 employment opportunities because of real or perceived sexual 3 6 orientation or marital status. 3 7 The bill amends the Iowa civil rights Act of 1965 to expand 3 8 the list of unfair or discriminatory practices to provide that 3 9 it is an unfair or discriminatory practice for any educational 3 10 institution to discriminate in any program or activity on the 3 11 basis of real or perceived sexual orientation or marital 3 12 status, but maintains that a religious institution is not 3 13 prohibited from imposing qualifications based on sexual 3 14 orientation when such qualifications are related to a bona 3 15 fide religious purpose. The Code defines "educational 3 16 institution" to mean preschool, elementary, secondary, or 3 17 community college, area education agency, or postsecondary 3 18 college or university and their governing boards. 3 19 The bill also requires the state board of education to 3 20 adopt rules prohibiting public school education programs from 3 21 discriminating on the basis of race, color, creed, sex, real 3 22 or perceived sexual orientation, marital status, national 3 23 origin, religion, or disability, and prohibits the board of 3 24 directors of a school district from allowing discrimination in 3 25 any educational program on the basis of real or perceived 3 26 sexual orientation, religion, or disability. 3 27 LSB 1694SS 81 3 28 kh:rj/sh/8