House File 183 - Introduced



                                       HOUSE FILE       
                                       BY  ROBERTS


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the teaching of chemical and biological
  2    evolution in school districts and public postsecondary
  3    institutions and providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1206YH 83
  6 kh/nh/24

PAG LIN



  1  1    Section 1.  CITATION == LEGISLATIVE FINDINGS == INTENT.
  1  2    1.  This Act may be cited as the "Evolution Academic
  1  3 Freedom Act".
  1  4    2.  The general assembly finds and declares all of the
  1  5 following:
  1  6    a.  That current law does not expressly protect the right
  1  7 of instructors to objectively present scientific information
  1  8 relevant to the full range of scientific views regarding
  1  9 chemical and biological evolution.
  1 10    b.  That in many instances instructors have experienced or
  1 11 feared discipline, discrimination, or other adverse
  1 12 consequences as a result of presenting the full range of
  1 13 scientific views regarding chemical and biological evolution.
  1 14    c.  That existing law does not expressly protect students
  1 15 from discrimination due to their positions or views regarding
  1 16 biological or chemical evolution.
  1 17    d.  That the topic of biological and chemical evolution has
  1 18 generated intense controversy about the rights of instructors
  1 19 and students to hold differing views on those subjects.
  1 20    3.  It is therefore the intent of the general assembly that
  1 21 this Act be construed to expressly protect the affirmative
  1 22 right and freedom of every instructor at the elementary,
  1 23 secondary, and postsecondary level to objectively present
  1 24 scientific information relevant to the full range of
  1 25 scientific views regarding biological and chemical evolution
  1 26 in connection with teaching any prescribed curriculum
  1 27 regarding chemical or biological evolution.
  1 28    Sec. 2.  NEW SECTION.  256.11C  EVOLUTION ACADEMIC FREEDOM.
  1 29    1.  As used in this section, unless the context otherwise
  1 30 requires:
  1 31    a.  "Scientific information" means germane, current facts,
  1 32 data, and peer=reviewed research specific to the topic of
  1 33 chemical and biological evolution as prescribed in the state's
  1 34 core curriculum for science.
  1 35    b.  "Teacher" means the same as defined in section 272.1.
  2  1    2.  A teacher who is employed by a school district may
  2  2 objectively present scientific information relevant to the
  2  3 full range of scientific views regarding biological and
  2  4 chemical evolution in connection with teaching any prescribed
  2  5 curriculum regarding chemical or biological evolution.
  2  6    3.  A teacher who is employed by a school district shall
  2  7 not be disciplined, denied tenure, terminated, or otherwise
  2  8 discriminated against for objectively presenting scientific
  2  9 information relevant to the full range of scientific views
  2 10 regarding biological or chemical evolution in connection with
  2 11 teaching any prescribed curriculum regarding chemical or
  2 12 biological evolution.
  2 13    4.  Elementary and secondary students enrolled in a school
  2 14 district shall be evaluated based upon their understanding of
  2 15 course materials through standard testing procedures.
  2 16 However, students shall not be penalized for subscribing to a
  2 17 particular position or view regarding biological or chemical
  2 18 evolution.
  2 19    5.  The rights and privileges contained in this section
  2 20 shall apply when the subject of biological or chemical
  2 21 evolution is part of a school district's curriculum.  This
  2 22 section does not require or encourage any change in the core
  2 23 curriculum adopted by the state board of education pursuant to
  2 24 section 256.7, subsection 26, the core content standards
  2 25 adopted pursuant to section 256.7, subsection 28, or the
  2 26 accreditation standards and curriculum definitions adopted
  2 27 pursuant to section 256.11.
  2 28    6.  This section shall not be construed to promote any
  2 29 religious doctrine, promote discrimination for or against a
  2 30 particular set of religious beliefs, or promote discrimination
  2 31 for or against religion or nonreligion.
  2 32    Sec. 3.  NEW SECTION.  261G.1  EVOLUTION ACADEMIC FREEDOM.
  2 33    1.  As used in this section, unless the context otherwise
  2 34 requires:
  2 35    a.  "Community college" means the same as defined in
  3  1 section 260C.2, subsection 1.
  3  2    b.  "Scientific information" means germane, current facts,
  3  3 data, and peer=reviewed research specific to the topic of
  3  4 chemical and biological evolution.
  3  5    c.  "State university" means an institution of higher
  3  6 education under the control of the state board of regents.
  3  7    2.  An instructor who is employed by a community college or
  3  8 state university may objectively present scientific
  3  9 information relevant to the full range of scientific views
  3 10 regarding biological and chemical evolution in connection with
  3 11 teaching any prescribed curriculum regarding chemical or
  3 12 biological evolution.
  3 13    3.  An instructor who is employed by a community college or
  3 14 state university shall not be disciplined, denied tenure,
  3 15 terminated, or otherwise discriminated against for objectively
  3 16 presenting scientific information relevant to the full range
  3 17 of scientific views regarding biological or chemical evolution
  3 18 in connection with providing instruction for any prescribed
  3 19 curriculum regarding chemical or biological evolution.
  3 20    4.  Students enrolled in a community college or state
  3 21 university shall be evaluated based upon their understanding
  3 22 of course materials through standard testing procedures.
  3 23 However, students shall not be penalized for subscribing to a
  3 24 particular position or view regarding biological or chemical
  3 25 evolution.
  3 26    5.  The rights and privileges contained in this section
  3 27 shall apply when the subject of biological or chemical
  3 28 evolution is part of the curriculum offered by a community
  3 29 college or state university.  This section does not require or
  3 30 encourage any change in curricula on biological or chemical
  3 31 evolution adopted by the board of directors of a community
  3 32 college or the state board of regents.
  3 33    6.  This section shall not be construed to promote any
  3 34 religious doctrine, promote discrimination for or against a
  3 35 particular set of religious beliefs, or promote discrimination
  4  1 for or against religion or nonreligion.
  4  2    Sec. 4.  EFFECTIVE DATE.  This Act takes effect July 1,
  4  3 2010.
  4  4                           EXPLANATION
  4  5    This bill establishes the "Evolution Academic Freedom Act".
  4  6    The bill includes the general assembly's findings and
  4  7 declarations related to its intent to protect the right and
  4  8 freedom of public school teachers and public postsecondary
  4  9 instructors to objectively present scientific information
  4 10 relevant to the full range of scientific views regarding
  4 11 biological and chemical evolution in connection with teaching
  4 12 any prescribed curriculum regarding chemical or biological
  4 13 evolution.
  4 14    The bill defines "scientific information" to mean germane
  4 15 current facts, data, and peer=reviewed research specific to
  4 16 the topic of chemical and biological evolution.  For
  4 17 elementary and secondary schools, the definition is linked to
  4 18 the state's core curriculum for science.
  4 19    Pursuant to the bill, the general assembly finds and
  4 20 declares that current law does not expressly protect the right
  4 21 of instructors to objectively present scientific information;
  4 22 that instructors have experienced or feared discipline,
  4 23 discrimination, or other adverse consequences as a result of
  4 24 presenting the full range of scientific views regarding
  4 25 chemical and biological evolution; that existing law does not
  4 26 expressly protect students from discrimination due to their
  4 27 positions or views regarding biological or chemical evolution;
  4 28 and that the topic has generated intense controversy about the
  4 29 rights of instructors and students to hold differing views.
  4 30    The bill prohibits an instructor from being disciplined,
  4 31 denied tenure, terminated, or otherwise discriminated against
  4 32 for objectively presenting scientific information relevant to
  4 33 the full range of scientific views regarding biological or
  4 34 chemical evolution.
  4 35    The bill requires students to be evaluated based upon their
  5  1 understanding of course materials through standard testing
  5  2 procedures.  Students shall not be penalized for subscribing
  5  3 to a particular position or view regarding biological or
  5  4 chemical evolution.
  5  5    The bill takes effect July 1, 2010.
  5  6 LSB 1206YH 83
  5  7 kh/nh/24.1