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