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