H.F. 2387 Section 1. Section 261.9, subsection 1, unnumbered 1 paragraph 1, Code 2020, is amended to read as follows: 2 “Accredited private institution” means an institution of 3 higher learning located in Iowa which is operated privately 4 and not controlled or administered by any state agency or 5 any subdivision of the state and which meets the criteria in 6 paragraphs “a” and “b” and all of the criteria in paragraphs “d” 7 through “i” “j” , except that institutions defined in paragraph 8 “c” of this subsection are exempt from the requirements of 9 paragraphs “a” and “b” : 10 Sec. 2. Section 261.9, subsection 1, Code 2020, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . j. Complies with chapter 261H. 13 Sec. 3. Section 261.9, subsection 3, unnumbered paragraph 14 1, Code 2020, is amended to read as follows: 15 “Eligible institution” means an institution of higher 16 learning located in Iowa which is operated privately and 17 not controlled or administered by any state agency or any 18 subdivision of the state, which is not exempt from taxation 19 under section 501(c)(3) of the Internal Revenue Code, and which 20 meets all of the criteria in subsection 1 , paragraphs “d” 21 through “i” “j” , and the criteria in paragraphs “a” or “b” as 22 follows: 23 Sec. 4. Section 261H.1, Code 2020, is amended to read as 24 follows: 25 261H.1 Definitions. 26 As used in this chapter , unless the context otherwise 27 requires: 28 1. “Benefit” with respect to a student organization at a 29 public an institution of higher education means any of the 30 following: 31 a. Recognition. 32 b. Registration. 33 c. Use of facilities for meetings or speaking purposes. 34 d. Use of channels of communication. 35 -1- LSB 6162YH (4) 88 kh/jh 1/ 6

H.F. 2387 e. Access to funding sources that are otherwise available 1 to other student groups. 2 2. “Campus community” means students, administrators, 3 faculty, and staff at a public an institution of higher 4 education and guests invited to a public an institution of 5 higher education by the institution’s students, administrators, 6 faculty, or staff. 7 3. “Institution of higher education” means a community 8 college established under chapter 260C, an accredited private 9 institution or an eligible institution as defined in section 10 261.9, or an institution of higher learning governed by the 11 state board of regents. 12 3. 4. “Materially and substantially disrupts” means when 13 a person, with the intent to or with knowledge of doing 14 so, engages in violent or other disorderly conduct that 15 significantly hinders a previously scheduled or reserved 16 activity occurring on university grounds, buildings, and 17 facilities. “Materially and substantially disrupts” does not 18 include conduct that is protected under the first amendment 19 to the Constitution of the United States, including but not 20 limited to lawful protests and counterprotests. 21 4. 5. “Outdoor areas of campus” means the generally 22 accessible outside areas of campus where students, 23 administrators, faculty, and staff at a public an institution 24 of higher education are commonly allowed, such as grassy areas, 25 walkways, or other similar common areas and does not include 26 areas outside health care facilities including both stand-alone 27 facilities and mixed-use facilities that are embedded within 28 another facility, veterinary medicine facilities, a facility 29 or outdoor area used by the institution’s athletics program 30 or teams, or other outdoor areas where access is restricted 31 to a majority of the campus community. In recognition of 32 the healing environment that is essential to its clinical 33 purposes, the areas outside health care facilities, including 34 both stand-alone facilities and mixed-use facilities that are 35 -2- LSB 6162YH (4) 88 kh/jh 2/ 6

H.F. 2387 embedded within another facility, are not designated public 1 forums. 2 5. “Public institution of higher education” means a community 3 college established under chapter 260C or an institution of 4 higher learning governed by the state board of regents. 5 6. “Student” means an individual who is enrolled on a 6 full-time or part-time basis at a public an institution of 7 higher education. 8 7. “Student organization” means a group officially 9 recognized at or officially registered by a public an 10 institution of higher education, or a group seeking such 11 official recognition or official registration, comprised of 12 students who are admitted and in attendance at the public 13 institution of higher education, and who receive, or are 14 seeking to receive, student organization benefits or privileges 15 through the public institution of higher education. 16 Sec. 5. Section 261H.3, subsections 2, 3, 4, and 5, Code 17 2020, are amended to read as follows: 18 2. A member of the campus community who wishes to engage in 19 noncommercial expressive activity in outdoor areas of campus 20 shall be permitted to do so freely, subject to reasonable 21 time, place, and manner restrictions, and as long as the 22 member’s conduct is not unlawful, does not impede others’ 23 access to a facility or use of walkways, and does not disrupt 24 the functioning of the public institution of higher education, 25 subject to the protections of subsection 1 . The public 26 institution of higher education may designate other areas of 27 campus available for use by the campus community according to 28 institutional policy, but in all cases access to designated 29 areas of campus must be granted on a viewpoint-neutral basis 30 within the bounds of established principles of the first 31 amendment to the Constitution of the United States. 32 3. A public An institution of higher education shall not 33 deny benefits or privileges available to student organizations 34 based on the viewpoint of a student organization or the 35 -3- LSB 6162YH (4) 88 kh/jh 3/ 6

H.F. 2387 expression of the viewpoint of a student organization by the 1 student organization or its members protected by the first 2 amendment to the Constitution of the United States. In 3 addition, a public an institution of higher education shall not 4 deny any benefit or privilege to a student organization based 5 on the student organization’s requirement that the leaders 6 of the student organization agree to and support the student 7 organization’s beliefs, as those beliefs are interpreted 8 and applied by the organization, and to further the student 9 organization’s mission. 10 4. This section shall not be interpreted as limiting the 11 right of student expression in a counter demonstration held 12 in an outdoor area of campus as long as the conduct at the 13 counter demonstration is not unlawful, does not materially and 14 substantially prohibit the free expression rights of others in 15 an outdoor area of campus or disrupt the functioning of the 16 public institution of higher education, and does not impede 17 others’ access to a facility or use of walkways, subject to 18 reasonable time, place, and manner restrictions that are 19 consistent with established principles of the first amendment 20 to the Constitution of the United States. 21 5. This chapter shall not be interpreted as preventing 22 public institutions of higher education from prohibiting, 23 limiting, or restricting expression that the first amendment 24 to the Constitution of the United States does not protect, 25 including but not limited to a threat of serious harm and 26 expression directed or likely directed to provoke imminent 27 unlawful actions; or from prohibiting harassment, including 28 but not limited to expression which is so severe, pervasive, 29 and subjectively and objectively offensive that the expression 30 unreasonably interferes with an individual’s access to 31 educational opportunities or benefits provided by a public an 32 institution of higher education. 33 Sec. 6. Section 261H.4, subsections 1, 2, and 3, Code 2020, 34 are amended to read as follows: 35 -4- LSB 6162YH (4) 88 kh/jh 4/ 6

H.F. 2387 1. The outdoor areas of campuses of public institutions 1 of higher education in this state shall be deemed public 2 forums. Public institutions Institutions of higher education 3 may maintain and enforce clear, published, reasonable 4 viewpoint-neutral time, place, and manner restrictions that are 5 narrowly tailored in furtherance of a significant institutional 6 interest, but shall allow members of the campus community to 7 engage in spontaneous expressive activity and to distribute 8 literature. Restrictions instituted by a public an institution 9 of higher education under this section shall provide for ample 10 alternative means of expression. 11 2. Except as provided in this chapter , and subject to 12 reasonable time, place, and manner restrictions, a public an 13 institution of higher education shall not designate any area 14 of campus a free-speech zone or otherwise create policies 15 restricting expressive activities to a particular outdoor area 16 of campus. 17 3. Nothing in this chapter shall be construed to grant 18 individuals the right to engage in conduct that intentionally, 19 materially, and substantially disrupts the expressive activity 20 of a person or student organization if the public institution 21 of higher education has reserved space in an outdoor area of 22 campus for activity by the person or student organization in 23 accordance with this chapter . 24 Sec. 7. Section 261H.5, subsections 1 and 5, Code 2020, are 25 amended to read as follows: 26 1. A member of the campus community aggrieved by a violation 27 of this chapter may file a complaint with the governing body of 28 the public institution of higher education. 29 5. Nothing in this section shall be construed to make any 30 administrator, officer, employee, or agent of a public an 31 institution of higher education personally liable for acts 32 taken pursuant to the individual’s official duties. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -5- LSB 6162YH (4) 88 kh/jh 5/ 6

H.F. 2387 the explanation’s substance by the members of the general assembly. 1 This bill makes the requirements relating to public forums, 2 freedom of expression, and freedom of association at community 3 colleges and regents universities under Code chapter 261H 4 applicable to accredited private institutions and for-profit 5 eligible institutions whose students receive state assistance 6 through the Iowa tuition grant program administered by the 7 college student aid commission. 8 Under the bill, institutions that are not in compliance with 9 Code chapter 261H do not meet the definitions for “accredited 10 private institution” and “eligible institution”, making 11 students attending such institutions ineligible for Iowa 12 tuition grants. 13 Currently under Code chapter 261H, public postsecondary 14 institutions must adopt a policy that includes statements 15 describing the functions and roles of institutions with regard 16 to knowledge, protected speech, the freedom to discuss, and 17 the freedom to assemble and engage in spontaneous expressive 18 activities subject to reasonable time, place, and manner 19 restrictions; describes protected activities; establishes the 20 outdoor areas of campuses of public postsecondary institutions 21 must be deemed public forums; and establishes remedies, a 22 statute of limitations, and immunity provisions. 23 -6- LSB 6162YH (4) 88 kh/jh 6/ 6