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