H.F. _____ Section 1. NEW SECTION . 261H.7 Race and sex stereotyping —— 1 training by institution prohibited. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Divisive concepts” includes all of the following: 5 (1) That one race or sex is inherently superior to another 6 race or sex. 7 (2) That the United States of America and the state of Iowa 8 are fundamentally racist or sexist. 9 (3) That an individual, by virtue of the individual’s race 10 or sex, is inherently or systematically racist, sexist, or 11 oppressive, whether consciously or unconsciously. 12 (4) That an individual should be discriminated against 13 or receive adverse treatment solely or partly because of the 14 individual’s race or sex. 15 (5) That members of one race or sex cannot and should not 16 attempt to treat others without respect to race or sex. 17 (6) That an individual’s moral character is necessarily 18 determined by the individual’s race or sex. 19 (7) That an individual, by virtue of the individual’s race 20 or sex, bears responsibility for actions committed in the past 21 by other members of the same race or sex. 22 (8) That any individual should feel discomfort, guilt, 23 anguish, or any other form of psychological distress on account 24 of that individual’s race or sex. 25 (9) That meritocracy or traits such as a hard work ethic 26 are racist or sexist, or were created by a particular race to 27 oppress another race. 28 (10) Any other form of race or sex stereotyping or any other 29 form of race or sex scapegoating. 30 b. “Race or sex scapegoating” means assigning fault, blame, 31 or bias to a race or sex, or to members of a race or sex 32 because of their race or sex, or claiming that, consciously or 33 unconsciously, and by virtue of persons’ race or sex, members 34 of any race are inherently racist or are inherently inclined to 35 -1- LSB 2763YC (3) 89 kh/jh 1/ 6

H.F. _____ oppress others, or that members of a sex are inherently sexist 1 or inclined to oppress others. 2 c. “Race or sex stereotyping” means ascribing character 3 traits, values, moral and ethical codes, privileges, status, 4 or beliefs to a race or sex, or to an individual because of the 5 individual’s race or sex. 6 2. Each public institution of higher education may continue 7 training that fosters a workplace and learning environment that 8 is respectful of all employees and students. However, the 9 president, vice presidents, deans, and department directors of 10 a public institution of higher education shall ensure that any 11 mandatory staff or student training provided by an employee of 12 the institution or by a contractor hired by the institution 13 does not teach, advocate, act upon, or promote divisive 14 concepts. This subsection shall not be construed as preventing 15 an employee or contractor who provides mandatory training from 16 responding to questions regarding divisive concepts raised by 17 participants in the training. 18 3. Institution diversity and inclusion efforts shall 19 discourage employees and students of the institution from 20 discriminating against another by color, race, ethnicity, sex, 21 political ideology, or any other characteristic protected under 22 the federal Civil Rights Act of 1964, Pub. L. No. 88-352, as 23 amended, and applicable state law. 24 4. This section shall not be construed to do any of the 25 following: 26 a. Inhibit or violate the first amendment rights of students 27 or faculty, or undermine a public institution of higher 28 education’s duty to protect to the fullest degree intellectual 29 freedom and free expression. The intellectual vitality of 30 students and faculty shall not be infringed under this section. 31 b. Prevent a public institution of higher education 32 from promoting racial, cultural, ethnic, intellectual, or 33 academic diversity or inclusiveness, provided such efforts are 34 consistent with the provisions of this section. 35 -2- LSB 2763YC (3) 89 kh/jh 2/ 6

H.F. _____ c. Prohibit discussing divisive concepts as part of a larger 1 course of academic instruction. 2 d. Create any right or benefit, substantive or procedural, 3 enforceable at law or in equity by any party against the state 4 of Iowa, its departments, agencies, or entities, its officers, 5 employees, or agents, or any other person. 6 Sec. 2. NEW SECTION . 279.74 Race and sex stereotyping —— 7 training prohibited. 8 1. For purposes of this section, unless the context 9 otherwise requires: 10 a. “Divisive concepts” means the same as defined in section 11 261H.7. 12 b. “Race or sex scapegoating” means the same as defined in 13 section 261H.7. 14 c. “Race or sex stereotyping” means the same as defined in 15 section 261H.7. 16 2. Each school district may continue training that fosters 17 a workplace and learning environment that is respectful of 18 all employees and students. However, the superintendent of 19 each school district shall ensure that any curriculum or 20 mandatory staff or student training provided by an employee 21 of the school district or by a contractor hired by the school 22 district does not teach, advocate, act upon, or promote 23 divisive concepts. This subsection shall not be construed as 24 preventing an employee or contractor who teaches any curriculum 25 or who provides mandatory training from responding to questions 26 regarding divisive concepts raised by participants in the 27 training. 28 3. School district diversity and inclusion efforts shall 29 discourage employees and students of the school district from 30 discriminating against another by color, race, ethnicity, sex, 31 political ideology, or any other characteristic protected under 32 the federal Civil Rights Act of 1964, Pub. L. No. 88-352, as 33 amended, and applicable state law. 34 4. This section shall not be construed to do any of the 35 -3- LSB 2763YC (3) 89 kh/jh 3/ 6

H.F. _____ following: 1 a. Inhibit or violate the first amendment rights of students 2 or faculty, or undermine a school district’s duty to protect to 3 the fullest degree intellectual freedom and free expression. 4 The intellectual vitality of students and faculty shall not be 5 infringed under this section. 6 b. Prevent a school district from promoting racial, 7 cultural, ethnic, intellectual, or academic diversity or 8 inclusiveness, provided such efforts are consistent with the 9 provisions of this section. 10 c. Prohibit discussing divisive concepts as part of a larger 11 course of academic instruction. 12 d. Create any right or benefit, substantive or procedural, 13 enforceable at law or in equity by any party against the state 14 of Iowa, its departments, agencies, or entities, its officers, 15 employees, or agents, or any other person. 16 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 17 3, shall not apply to this Act. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill provides requirements related to racism or 22 sexism trainings, and to diversity and inclusion efforts, at 23 or by school districts and public postsecondary educational 24 institutions. 25 Each school district and each public institution of higher 26 learning may continue all training that fosters a workplace 27 that is respectful of all employees and students, but the 28 superintendent of the school district or the president of the 29 institution must ensure that any mandatory staff or student 30 training provided by an employee of the school district or the 31 institution or by a contractor hired by the school district or 32 the institution does not teach, advocate, act upon, or promote 33 divisive concepts, which the bill defines to include that 34 one race or sex is inherently superior to another; that Iowa 35 -4- LSB 2763YC (3) 89 kh/jh 4/ 6

H.F. _____ or the United States is fundamentally racist or sexist; that 1 an individual, by virtue of the individual’s race or sex, is 2 inherently or systematically racist, sexist, or oppressive; 3 that an individual should be discriminated against or receive 4 adverse treatment solely or partly because of his or her race 5 or sex; that members of one race or sex cannot and should not 6 attempt to treat others without respect to race or sex; that an 7 individual’s moral character is necessarily determined by his 8 or her race or sex; that an individual bears responsibility for 9 actions committed in the past by other members of the same race 10 or sex; that any individual should feel psychological distress 11 on account of that individual’s race or sex; that meritocracy 12 or traits such as a hard work ethic are racist or sexist, or 13 were created by a particular race to oppress another race; and 14 any other form of race or sex stereotyping or any other form of 15 race or sex scapegoating. 16 The bill defines ”race or sex scapegoating” as assigning 17 fault, blame, or bias to a race or sex; or to members of a 18 race or sex because of their race or sex; or claiming that, 19 consciously or unconsciously, and by virtue of persons’ race 20 or sex, members of any race are inherently racist or are 21 inherently inclined to oppress others, or that members of a 22 sex are inherently sexist or inclined to oppress others; and 23 defines “race or sex stereotyping” as ascribing character 24 traits, values, moral and ethical codes, privileges, status, 25 or beliefs to a race or sex, or to an individual because of the 26 individual’s race or sex. 27 Institution diversity and inclusion efforts must discourage 28 employees and students of the school district or institution 29 from discriminating against another by color, race, ethnicity, 30 sex, political ideology, or any other characteristic protected 31 under the federal Civil Rights Act of 1964 or applicable state 32 law. 33 Nothing in the bill shall be construed to inhibit or violate 34 the first amendment rights of students or faculty or undermine 35 -5- LSB 2763YC (3) 89 kh/jh 5/ 6

H.F. _____ the institution’s or school district’s duty to protect 1 intellectual freedom and free expression; prevent a school 2 district or public postsecondary institution from promoting 3 racial, cultural, ethnic, intellectual, or academic diversity 4 or inclusiveness; to prohibit discussing divisive concepts as 5 part of a larger course of academic instruction; or to create 6 any right or benefit, substantive or procedural, enforceable 7 at law or in equity by any party against the state of Iowa, its 8 departments, agencies, or entities, its officers, employees, 9 or agents, or any other person. 10 The bill may include a state mandate as defined in Code 11 section 25B.3. The bill makes inapplicable Code section 25B.2, 12 subsection 3, which would relieve a political subdivision from 13 complying with a state mandate if funding for the cost of 14 the state mandate is not provided or specified. Therefore, 15 political subdivisions are required to comply with any state 16 mandate included in the bill. 17 -6- LSB 2763YC (3) 89 kh/jh 6/ 6