H.F. 744 Section 1. Section 261H.2, Code 2021, is amended to read as 1 follows: 2 261H.2 Policy adoption Public institutions of higher 3 education —— duties . 4 1. The state board of regents and the board of directors of 5 each community college shall adopt a policy that includes all 6 of the following statements: 7 1. a. That the primary function of an institution of higher 8 education is the discovery, improvement, transmission, and 9 dissemination of knowledge by means of research, teaching, 10 discussion, and debate. This statement shall provide that, to 11 fulfill this function, the institution must strive to ensure 12 the fullest degree of intellectual freedom and free expression 13 allowed under the first amendment to the Constitution of the 14 United States. 15 2. a. b. (1) That it is not the proper role of an 16 institution of higher education to shield individuals from 17 speech protected by the first amendment to the Constitution of 18 the United States, which may include ideas and opinions the 19 individual finds unwelcome, disagreeable, or even offensive. 20 b. (2) That it is the proper role of an institution of 21 higher education to encourage diversity of thoughts, ideas, 22 and opinions and to encourage, within the bounds of the 23 first amendment to the Constitution of the United States, the 24 peaceful, respectful, and safe exercise of first amendment 25 rights. 26 3. c. That students and faculty have the freedom to 27 discuss any problem that presents itself, assemble, and engage 28 in spontaneous expressive activity on campus, within the 29 bounds of established principles of the first amendment to the 30 Constitution of the United States, and subject to reasonable 31 time, place, and manner restrictions that are consistent with 32 established first amendment principles. 33 4. d. That the outdoor areas of campus of an institution 34 of higher education are public forums, open on the same terms 35 -1- LSB 2762HV (1) 89 kh/jh 1/ 5

H.F. 744 to any invited speaker subject to reasonable time, place, 1 and manner restrictions that are consistent with established 2 principles of the first amendment to the Constitution of the 3 United States. 4 2. The state board of regents shall develop materials, 5 programs, and procedures to ensure that those persons who are 6 responsible for discipline, instruction, or administration 7 of the campus community, or who have oversight of student 8 government organizations, or distribute activity fee funds, 9 including but not limited to presidents, vice-presidents, 10 deans, department directors, administrators, campus police 11 officers, residence life officials, faculty, and members of 12 student government organizations, understand the policies, 13 regulations, and duties of the institution regarding free 14 expression on campus consistent with this chapter. 15 3. a. (1) The state board of regents shall direct each 16 institution of higher education under its control to comply 17 with the following requirements: 18 (a) Institution resources shall not be used for partisan 19 activities. 20 (b) Public statements regarding policy matters made in an 21 official capacity by a president, vice-president, dean, or 22 department director of the institution shall represent only the 23 position of the institution as determined in collaboration with 24 the state board of regents. 25 (c) The institution shall not permit discrimination 26 or denial of educational benefits because of the viewpoint 27 expressed by an individual representing a student organization 28 or by a student. 29 (d) The institution shall post the state board of regents’ 30 policies and the university’s policies and procedures relating 31 to the requirements of this subsection on the institution’s 32 internet site, including the procedures by which a member of 33 the campus community may file a complaint for a violation of 34 this chapter with the state board of regents. 35 -2- LSB 2762HV (1) 89 kh/jh 2/ 5

H.F. 744 (2) A person shall not retaliate against a person who files 1 a complaint for a violation of this subsection pursuant to 2 section 261H.5. If the person who files a complaint for a 3 violation of this subsection is an employee of the institution, 4 the provisions of section 70A.28 shall apply. 5 b. If the institution or a court finds that a faculty 6 member discriminated against a student in violation of this 7 subsection, the faculty member’s employment at the institution 8 may be terminated. 9 Sec. 2. NEW SECTION . 261H.6 Training —— first amendment to 10 the Constitution of the United States. 11 Each institution of higher education governed by the state 12 board of regents shall provide training on free speech under 13 the first amendment to the Constitution of the United States 14 to all students, faculty, and staff on an annual basis, which 15 elected officials and staff shall be permitted to attend. 16 Sec. 3. NEW SECTION . 279.73 Intellectual freedom —— 17 protection —— complaints. 18 1. The board of directors of each school district shall 19 protect the intellectual freedom of the school district’s 20 students and practitioners and shall establish and publicize 21 policies that protect students and faculty from discrimination 22 based on speech. A person shall not retaliate against a person 23 who files a complaint for a violation of this section. If the 24 person who files a complaint for a violation of this section is 25 an employee of the school district, the provisions of section 26 70A.29 shall apply. 27 2. If the board of directors of the school district or 28 a court finds that an employee of the school district who 29 holds a license, certificate, statement of recognition, or 30 authorization issued by the board of educational examiners 31 under chapter 272 discriminated against a student or employee 32 in violation of this section, the employee found to be in 33 violation under this section may be subject to disciplinary 34 action by the board of educational examiners pursuant to 35 -3- LSB 2762HV (1) 89 kh/jh 3/ 5

H.F. 744 section 272.2, subsection 14, and the employee’s employment may 1 be terminated. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill provides for first amendment rights training, 6 prohibitions, and requirements at or by school districts and 7 regents universities. 8 The state board of regents must develop materials, programs, 9 and procedures to ensure that those persons who are responsible 10 for discipline, instruction, or administration of the campus 11 community, and who have oversight of student government 12 organizations, or distribute activity fee funds, understand the 13 policies, regulations, and duties of the institution regarding 14 free expression on campus. 15 The state board of regents must direct the state 16 universities to comply with a number of requirements, including 17 that institution resources will not be used for partisan 18 activities; public statements regarding policy matters made 19 by certain university officials shall represent only the 20 position of the institution as determined in collaboration 21 with the state board of regents; the university shall not 22 permit discrimination or denial of educational benefits because 23 of the viewpoint expressed by an individual representing a 24 student organization or by a student; and that the university 25 shall post the state board’s and the university’s policies and 26 procedures relating to these requirements on the institution’s 27 internet site, including the procedures by which a member of 28 the campus community may file a complaint for a violation 29 under the bill with the state board of regents. If the 30 person who files a complaint for a violation of the bill is an 31 employee of the institution, the statutory provisions of Code 32 section 70A.28, prohibiting certain actions by state employees 33 and prohibiting reprisals, apply to employees of the state 34 universities. 35 -4- LSB 2762HV (1) 89 kh/jh 4/ 5

H.F. 744 If the institution or a court finds that a faculty member 1 discriminated against a student in violation of the bill, 2 the faculty member’s employment at the institution may 3 be terminated. The bill establishes similar requirements 4 for school districts. If a school employee is licensed 5 by the board of educational examiners and is found to have 6 discriminated against a student or employee, the school 7 employee may be subject to disciplinary action by the board. 8 Each regents university must provide training on free speech 9 under the first amendment to the Constitution of the United 10 States to students, faculty, and staff on an annual basis and 11 shall allow elected officials and staff to attend. 12 -5- LSB 2762HV (1) 89 kh/jh 5/ 5