HF 2387 (LSB 6162YH (4) 88)

HOUSE FILE 2387

BY  UPMEYER

A BILL FOR

An Act relating to speech and expression at certain eligible institutions and accredited private institutions of higher education, and providing for remedies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 261.9, subsection 1, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   “Accredited private institution” means an institution of higher learning located in Iowa which is operated privately and not controlled or administered by any state agency or any subdivision of the state and which meets the criteria in paragraphs “a” and “b” and all of the criteria in paragraphs “d” through “i” “j”, except that institutions defined in paragraph “c” of this subsection are exempt from the requirements of paragraphs “a” and “b”:
    Sec. 2.  Section 261.9, subsection 1, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  j.  Complies with chapter 261H.
    Sec. 3.  Section 261.9, subsection 3, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   “Eligible institution” means an institution of higher learning located in Iowa which is operated privately and not controlled or administered by any state agency or any subdivision of the state, which is not exempt from taxation under section 501(c)(3) of the Internal Revenue Code, and which meets all of the criteria in subsection 1, paragraphs “d” through “i” “j”, and the criteria in paragraphs “a” or “b” as follows:
    Sec. 4.  Section 261H.1, Code 2020, is amended to read as follows:
   261H.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Benefit” with respect to a student organization at a public an institution of higher education means any of the following:
   a.  Recognition.
   b.  Registration.
   c.  Use of facilities for meetings or speaking purposes.
   d.  Use of channels of communication.
   e.  Access to funding sources that are otherwise available to other student groups.
   2.  “Campus community” means students, administrators, faculty, and staff at a public an institution of higher education and guests invited to a public an institution of higher education by the institution’s students, administrators, faculty, or staff.
   3.  “Institution of higher education” means a community college established under chapter 260C, an accredited private institution or an eligible institution as defined in section 261.9, or an institution of higher learning governed by the state board of regents.
   3.  4.  “Materially and substantially disrupts” means when a person, with the intent to or with knowledge of doing so, engages in violent or other disorderly conduct that significantly hinders a previously scheduled or reserved activity occurring on university grounds, buildings, and facilities. “Materially and substantially disrupts” does not include conduct that is protected under the first amendment to the Constitution of the United States, including but not limited to lawful protests and counterprotests.
   4.  5.  “Outdoor areas of campus” means the generally accessible outside areas of campus where students, administrators, faculty, and staff at a public an institution of higher education are commonly allowed, such as grassy areas, walkways, or other similar common areas and does not include areas outside health care facilities including both stand-alone facilities and mixed-use facilities that are embedded within another facility, veterinary medicine facilities, a facility or outdoor area used by the institution’s athletics program or teams, or other outdoor areas where access is restricted to a majority of the campus community. In recognition of the healing environment that is essential to its clinical purposes, the areas outside health care facilities, including both stand-alone facilities and mixed-use facilities that are embedded within another facility, are not designated public forums.
   5.  “Public institution of higher education” means a community college established under chapter 260C or an institution of higher learning governed by the state board of regents.
   6.  “Student” means an individual who is enrolled on a full-time or part-time basis at a public an institution of higher education.
   7.  “Student organization” means a group officially recognized at or officially registered by a public an institution of higher education, or a group seeking such official recognition or official registration, comprised of students who are admitted and in attendance at the public institution of higher education, and who receive, or are seeking to receive, student organization benefits or privileges through the public institution of higher education.
    Sec. 5.  Section 261H.3, subsections 2, 3, 4, and 5, Code 2020, are amended to read as follows:
   2.  A member of the campus community who wishes to engage in noncommercial expressive activity in outdoor areas of campus shall be permitted to do so freely, subject to reasonable time, place, and manner restrictions, and as long as the member’s conduct is not unlawful, does not impede others’ access to a facility or use of walkways, and does not disrupt the functioning of the public institution of higher education, subject to the protections of subsection 1. The public institution of higher education may designate other areas of campus available for use by the campus community according to institutional policy, but in all cases access to designated areas of campus must be granted on a viewpoint-neutral basis within the bounds of established principles of the first amendment to the Constitution of the United States.
   3.  A public An institution of higher education shall not deny benefits or privileges available to student organizations based on the viewpoint of a student organization or the expression of the viewpoint of a student organization by the student organization or its members protected by the first amendment to the Constitution of the United States. In addition, a public an institution of higher education shall not deny any benefit or privilege to a student organization based on the student organization’s requirement that the leaders of the student organization agree to and support the student organization’s beliefs, as those beliefs are interpreted and applied by the organization, and to further the student organization’s mission.
   4.  This section shall not be interpreted as limiting the right of student expression in a counter demonstration held in an outdoor area of campus as long as the conduct at the counter demonstration is not unlawful, does not materially and substantially prohibit the free expression rights of others in an outdoor area of campus or disrupt the functioning of the public institution of higher education, and does not impede others’ access to a facility or use of walkways, subject to reasonable time, place, and manner restrictions that are consistent with established principles of the first amendment to the Constitution of the United States.
   5.  This chapter shall not be interpreted as preventing public institutions of higher education from prohibiting, limiting, or restricting expression that the first amendment to the Constitution of the United States does not protect, including but not limited to a threat of serious harm and expression directed or likely directed to provoke imminent unlawful actions; or from prohibiting harassment, including but not limited to expression which is so severe, pervasive, and subjectively and objectively offensive that the expression unreasonably interferes with an individual’s access to educational opportunities or benefits provided by a public an institution of higher education.
    Sec. 6.  Section 261H.4, subsections 1, 2, and 3, Code 2020, are amended to read as follows:
   1.  The outdoor areas of campuses of public institutions of higher education in this state shall be deemed public forums. Public institutions Institutions of higher education may maintain and enforce clear, published, reasonable viewpoint-neutral time, place, and manner restrictions that are narrowly tailored in furtherance of a significant institutional interest, but shall allow members of the campus community to engage in spontaneous expressive activity and to distribute literature. Restrictions instituted by a public an institution of higher education under this section shall provide for ample alternative means of expression. 
   2.  Except as provided in this chapter, and subject to reasonable time, place, and manner restrictions, a public an institution of higher education shall not designate any area of campus a free-speech zone or otherwise create policies restricting expressive activities to a particular outdoor area of campus. 
   3.  Nothing in this chapter shall be construed to grant individuals the right to engage in conduct that intentionally, materially, and substantially disrupts the expressive activity of a person or student organization if the public institution of higher education has reserved space in an outdoor area of campus for activity by the person or student organization in accordance with this chapter. 
    Sec. 7.  Section 261H.5, subsections 1 and 5, Code 2020, are amended to read as follows:
   1.  A member of the campus community aggrieved by a violation of this chapter may file a complaint with the governing body of the public institution of higher education. 
   5.  Nothing in this section shall be construed to make any administrator, officer, employee, or agent of a public an institution of higher education personally liable for acts taken pursuant to the individual’s official duties.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill makes the requirements relating to public forums, freedom of expression, and freedom of association at community colleges and regents universities under Code chapter 261H applicable to accredited private institutions and for-profit eligible institutions whose students receive state assistance through the Iowa tuition grant program administered by the college student aid commission. 
   Under the bill, institutions that are not in compliance with Code chapter 261H do not meet the definitions for “accredited private institution” and “eligible institution”, making students attending such institutions ineligible for Iowa tuition grants.
   Currently under Code chapter 261H, public postsecondary institutions must adopt a policy that includes statements describing the functions and roles of institutions with regard to knowledge, protected speech, the freedom to discuss, and the freedom to assemble and engage in spontaneous expressive activities subject to reasonable time, place, and manner restrictions; describes protected activities; establishes the outdoor areas of campuses of public postsecondary institutions must be deemed public forums; and establishes remedies, a statute of limitations, and immunity provisions.