S.F. 478 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 1388SV (2) 89 kh/jh 1/ 13

S.F. 478 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. Each public institution of higher education shall 5 develop materials, programs, and procedures to ensure 6 that those persons who are responsible for discipline, 7 instruction, or administration of the campus community, or 8 who have oversight of student government organizations, or 9 distribute activity fee funds, including but not limited 10 to administrators, campus police officers, residence life 11 officials, faculty, and members of student government 12 organizations, understand the policies, regulations, and 13 duties of the institution regarding free expression on campus 14 consistent with this chapter. 15 3. a. Each public institution of higher education shall 16 protect the first amendment rights of the institution’s 17 students, staff, and faculty and shall establish and publicize 18 policies that prohibit institutional restrictions and penalties 19 based on protected speech, including political speech, to 20 the fullest extent required by the first amendment to the 21 Constitution of the United States. A public institution of 22 higher education shall not retaliate against a member of the 23 campus community who files a complaint for a violation of this 24 subsection pursuant to section 261H.5. 25 b. If it is determined, after exhaustion of all available 26 administrative and judicial appeals, that a faculty member 27 knowingly and intentionally restricts the protected speech or 28 otherwise penalizes a student in violation of this subsection, 29 the faculty member shall be subject to discipline by the 30 institution through the normal disciplinary processes of the 31 institution, and such discipline may include termination 32 depending on the totality of the facts. If the faculty member 33 is licensed by the board of educational examiners under chapter 34 272, the board of educational examiners shall conduct a hearing 35 -2- LSB 1388SV (2) 89 kh/jh 2/ 13

S.F. 478 pursuant to section 272.13, and the faculty member may be 1 subject to disciplinary action by the board. 2 Sec. 2. NEW SECTION . 261H.6 Training —— first amendment to 3 the Constitution of the United States. 4 Each public institution of higher education shall provide 5 to each member of the institution’s student government 6 organization instruction and training on the first amendment to 7 the Constitution of the United States, including descriptions 8 of what is or is not protected under the amendment. 9 Sec. 3. NEW SECTION . 261H.7 Race and sex stereotyping —— 10 training by institution prohibited. 11 1. For purposes of this section, unless the context 12 otherwise requires: 13 a. “Divisive concepts” includes all of the following: 14 (1) That one race or sex is inherently superior to another 15 race or sex. 16 (2) That the state of Iowa is fundamentally racist or 17 sexist. 18 (3) That an individual, by virtue of the individual’s race 19 or sex, is inherently racist, sexist, or oppressive, whether 20 consciously or unconsciously. 21 (4) That an individual should be discriminated against 22 or receive adverse treatment solely or partly because of the 23 individual’s race or sex. 24 (5) That members of one race or sex cannot and should not 25 attempt to treat others without respect to race or sex. 26 (6) That an individual’s moral character is necessarily 27 determined by the individual’s race or sex. 28 (7) That an individual, by virtue of the individual’s race 29 or sex, bears responsibility for actions committed in the past 30 by other members of the same race or sex. 31 (8) That any individual should feel discomfort, guilt, 32 anguish, or any other form of psychological distress on account 33 of that individual’s race or sex. 34 (9) That meritocracy or traits such as a hard work ethic 35 -3- LSB 1388SV (2) 89 kh/jh 3/ 13

S.F. 478 are racist or sexist, or were created by a particular race to 1 oppress another race. 2 b. “Race or sex stereotyping” includes any of the following: 3 (1) Ascribing character traits, values, moral and ethical 4 codes, status, or beliefs to a race or sex, or to an individual 5 because of the individual’s race or sex. 6 (2) Assigning fault, blame, or bias to a race or sex, or 7 to members of a race or sex because of their race or sex, or 8 claiming that, consciously or unconsciously, and by virtue of 9 persons’ race or sex, members of any race are inherently racist 10 or are inherently inclined to oppress others, or that members 11 of a sex are inherently sexist or inclined to oppress others. 12 2. Each public institution of higher education may continue 13 training that fosters a workplace and learning environment that 14 is respectful of all employees and students. However, the 15 president of a public institution of higher education shall 16 ensure that any mandatory staff or student training provided 17 by an employee of the institution or by a contractor hired by 18 the institution does not teach, advocate, act upon, or promote 19 divisive concepts. This subsection shall not be construed as 20 preventing an employee or contractor who provides mandatory 21 training from responding to questions regarding divisive 22 concepts raised by participants in the training. 23 3. Institution diversity and inclusion efforts shall 24 discourage students of the institution from discriminating 25 against another for any characteristic protected under 26 chapter 216 or the federal Civil Rights Act of 1964, Pub. L. 27 No. 88-352, as amended. Each public institution of higher 28 education shall prohibit its employees from discriminating 29 against students for any characteristic protected under chapter 30 216 or the federal Civil Rights Act of 1964, Pub. L. No. 31 88-352, as amended. 32 4. This section shall not be construed to do any of the 33 following: 34 a. Inhibit or violate the first amendment rights of students 35 -4- LSB 1388SV (2) 89 kh/jh 4/ 13

S.F. 478 or faculty, or undermine a public institution of higher 1 education’s duty to protect to the fullest degree intellectual 2 freedom and free expression. The intellectual vitality of 3 students and faculty shall not be infringed under this section. 4 b. Prevent a public institution of higher education from 5 promoting diversity or inclusiveness, provided such efforts are 6 consistent with the provisions of this section, chapter 216, 7 and other applicable law. 8 c. Prohibit discussing divisive concepts as part of a larger 9 course of academic instruction. 10 d. Create any right or benefit, substantive or procedural, 11 enforceable at law or in equity by any party against the state 12 of Iowa, its departments, agencies, or entities, its officers, 13 employees, or agents, or any other person. 14 e. Prohibit a state or federal court or agency of 15 competent jurisdiction from ordering a training or remedial 16 action containing discussions of divisive concepts as a 17 remedial action due to a finding of discrimination, including 18 discrimination based on race or sex. 19 Sec. 4. NEW SECTION . 261H.8 Student government 20 organizations —— student fees —— appeals —— liability. 21 1. Each institution of higher education governed by 22 the state board of regents shall make a student government 23 organization’s access to and authority over any moneys 24 disbursed to the student government organization by 25 the institution contingent upon the student government 26 organization’s compliance with the first amendment to the 27 Constitution of the United States and the provisions of this 28 chapter. 29 2. If, after exhaustion of all administrative or 30 judicial appeals, it is determined that a student government 31 organization knowingly and intentionally violated the first 32 amendment rights of a member of the campus community or that 33 an action or decision of a student government organization is 34 in violation of this section, the institution shall suspend 35 -5- LSB 1388SV (2) 89 kh/jh 5/ 13

S.F. 478 the student government organization’s authority to manage and 1 disburse student fees for a period of one year. During this 2 period of suspension, such student fees shall be managed and 3 disbursed by the institution. 4 Sec. 5. Section 262.9, Code 2021, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 39. Appoint annually from among its 7 membership a three-member nonpartisan free speech committee 8 that shall receive complaints under section 261H.5 relating 9 to the institutions of higher learning governed by the state 10 board. 11 Sec. 6. Section 272.2, subsection 14, Code 2021, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . e. The board may deny a license to or 14 revoke the license of a person upon the board’s finding by a 15 preponderance of evidence that the person discriminated against 16 a student in violation of section 261H.2, subsection 3, or 17 section 279.73. 18 Sec. 7. NEW SECTION . 279.73 Intellectual freedom —— 19 protection —— complaints. 20 1. The board of directors of each school district shall 21 protect the intellectual freedom of the school district’s 22 students and practitioners and shall establish and publicize 23 policies that protect students and faculty from discrimination 24 based on political bias. A person shall not retaliate against 25 a person who files a complaint for a violation of this section. 26 If the person who files a complaint for a violation of this 27 section is an employee of the school district, the provisions 28 of section 70A.29 shall apply. 29 2. If the board of directors of the school district or 30 a court finds that an employee of the school district who 31 holds a license, certificate, statement of recognition, or 32 authorization issued by the board of educational examiners 33 under chapter 272 discriminated against a student in violation 34 of this section, the board of educational examiners shall 35 -6- LSB 1388SV (2) 89 kh/jh 6/ 13

S.F. 478 conduct a hearing pursuant to section 272.13, and the 1 employee may be subject to disciplinary action by the board of 2 educational examiners pursuant to section 272.2, subsection 14. 3 Sec. 8. NEW SECTION . 279.74 Race and sex stereotyping —— 4 training prohibited. 5 1. For purposes of this section, unless the context 6 otherwise requires: 7 a. “Divisive concepts” means the same as defined in section 8 261H.7. 9 b. “Race or sex stereotyping” means the same as defined in 10 section 261H.7. 11 2. Each school district may continue training that fosters 12 a workplace and learning environment that is respectful of 13 all employees and students. However, the superintendent of 14 each school district shall ensure that any mandatory staff or 15 student training provided by an employee of the school district 16 or by a contractor hired by the school district does not 17 teach, advocate, act upon, or promote divisive concepts. This 18 subsection shall not be construed as preventing an employee or 19 contractor who provides mandatory training from responding to 20 questions regarding divisive concepts raised by participants in 21 the training. 22 3. School district diversity and inclusion efforts shall 23 discourage students of the school district from discriminating 24 against another for any other characteristic protected under 25 chapter 216 or the federal Civil Rights Act of 1964, Pub. L. 26 No. 88-352, as amended. Each school district shall prohibit 27 its employees from discriminating against students for any 28 characteristic protected under chapter 216 or the federal Civil 29 Rights Act of 1964, Pub. L. No. 88-352, as amended. 30 4. This section shall not be construed to do any of the 31 following: 32 a. Inhibit or violate the first amendment rights of students 33 or faculty, or undermine a school district’s duty to protect to 34 the fullest degree intellectual freedom and free expression. 35 -7- LSB 1388SV (2) 89 kh/jh 7/ 13

S.F. 478 The intellectual vitality of students and faculty shall not be 1 infringed under this section. 2 b. Prevent a school district from promoting diversity or 3 inclusiveness, provided such efforts are consistent with the 4 provisions of this section, chapter 216, and other applicable 5 law. 6 c. Prohibit discussing divisive concepts as part of a larger 7 course of academic instruction. 8 d. Create any right or benefit, substantive or procedural, 9 enforceable at law or in equity by any party against the state 10 of Iowa, its departments, agencies, or entities, its officers, 11 employees, or agents, or any other person. 12 e. Prohibit a state or federal court or agency of 13 competent jurisdiction from ordering a training or remedial 14 action containing discussions of divisive concepts as a 15 remedial action due to a finding of discrimination, including 16 discrimination based on race or sex. 17 Sec. 9. Section 280.22, subsections 4 and 5, Code 2021, are 18 amended to read as follows: 19 4. Each board of directors of a public school shall adopt 20 rules in the form of a written publications code, which shall 21 include reasonable provisions for the time, place, and manner 22 of conducting such activities within its jurisdiction. The 23 code shall incorporate all of the provisions of this section. 24 The board shall make the code available to the students and 25 their parents. 26 5. Student editors of official school publications shall 27 assign and edit the news, editorial, and feature content of 28 their publications subject to the limitations of this section . 29 Journalism advisers of students producing official school 30 publications shall supervise the production of the student 31 staff , in order to maintain professional standards of English 32 and journalism , and to comply with this section . 33 Sec. 10. Section 280.22, Code 2021, is amended by adding the 34 following new subsection: 35 -8- LSB 1388SV (2) 89 kh/jh 8/ 13

S.F. 478 NEW SUBSECTION . 6A. A public school employee or official, 1 acting within the scope of the person’s professional ethics, 2 if any, shall not be dismissed, suspended, disciplined, 3 reassigned, transferred, subject to termination or nonrenewal 4 of a teaching contract issued under section 279.13 or an 5 extracurricular contract issued under section 279.19A, or 6 otherwise retaliated against for acting to protect a student 7 for engaging in conduct authorized under this section, or 8 refusing to infringe upon student conduct that is protected by 9 this section, the first amendment to the Constitution of the 10 United States, or Article I, section 7, of the Constitution of 11 the State of Iowa. 12 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection 13 3, shall not apply to this Act. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill provides for first amendment rights training, 18 prohibitions, and requirements at or by school districts and 19 public postsecondary educational institutions. 20 Each public institution of higher education must develop 21 materials, programs, and procedures to ensure that those 22 persons who are responsible for discipline, instruction, or 23 administration of the campus community, and who have oversight 24 of student government organizations, or distribute activity fee 25 funds, understand the policies, regulations, and duties of the 26 institution regarding free expression on campus. 27 Each such public institution of higher education must 28 protect the first amendment rights of its students, staff, and 29 faculty and must establish and publicize policies that prohibit 30 institutional restrictions and penalties based on protected 31 speech. An institution shall not retaliate against a person 32 filing a discrimination complaint. 33 If it is determined that a faculty member knowingly and 34 intentionally restricts the protected speech or otherwise 35 -9- LSB 1388SV (2) 89 kh/jh 9/ 13

S.F. 478 penalizes a student, the faculty member shall be subject to 1 discipline by the institution. The bill establishes similar 2 requirements for school districts. If the faculty member or in 3 the case of a school district, the school employee, is licensed 4 by the board of educational examiners, the faculty member or 5 school employee, as appropriate, may be subject to disciplinary 6 action by the board. 7 If it is determined that a student government organization 8 knowingly and intentionally violated the first amendment 9 rights of a member of the campus community or is in violation 10 of the provisions of the bill, the institution shall suspend 11 the student government organization’s authority to manage and 12 disburse student fees for a period of two years, during which 13 time the student fees shall be managed and disbursed by the 14 institution. 15 Each public institution of higher education must provide 16 to each student and each student government organization 17 instruction and training on the first amendment to the 18 Constitution of the United States, including descriptions of 19 what is or is not protected under the amendment. 20 Each school district and each public institution of higher 21 learning may continue all training that fosters a workplace 22 that is respectful of all employees and students, but the 23 superintendent of the school district or the president of the 24 institution must ensure that any mandatory staff or student 25 training provided by an employee of the school district or the 26 institution or by a contractor hired by the school district 27 or the institution does not teach, advocate, act upon, or 28 promote divisive concepts, which the bill defines to include 29 that one race or sex is inherently superior to another; that 30 Iowa is fundamentally racist or sexist; that an individual, 31 by virtue of the individual’s race or sex, is inherently 32 racist, sexist, or oppressive; that an individual should be 33 discriminated against or receive adverse treatment solely or 34 partly because of his or her race or sex; that members of one 35 -10- LSB 1388SV (2) 89 kh/jh 10/ 13

S.F. 478 race or sex cannot and should not attempt to treat others 1 without respect to race or sex; that an individual’s moral 2 character is necessarily determined by his or her race or sex; 3 that an individual bears responsibility for actions committed 4 in the past by other members of the same race or sex; that any 5 individual should feel psychological distress on account of 6 that individual’s race or sex; and that meritocracy or traits 7 such as a hard work ethic are racist or sexist, or were created 8 by a particular race to oppress another race. 9 The bill defines “race or sex stereotyping” as ascribing 10 character traits, values, moral and ethical codes, status, or 11 beliefs to a race or sex, or to an individual because of the 12 individual’s race or sex; assigning fault, blame, or bias to 13 a race or sex; or to members of a race or sex because of their 14 race or sex; or claiming that, consciously or unconsciously, 15 and by virtue of persons’ race or sex, members of any race are 16 inherently racist or are inherently inclined to oppress others, 17 or that members of a sex are inherently sexist or inclined to 18 oppress others. 19 Institution diversity and inclusion efforts must discourage 20 students of the school district or institution from 21 discriminating against another for any characteristic protected 22 under Code chapter 216 or the federal Civil Rights Act of 1964. 23 Nothing in the provisions relating to training prohibitions 24 shall be construed to inhibit or violate the first amendment 25 rights of students or faculty or undermine the institution’s or 26 school district’s duty to protect intellectual freedom and free 27 expression; prevent a school district or public postsecondary 28 institution from promoting diversity or inclusiveness; to 29 prohibit discussing divisive concepts as part of a larger 30 course of academic instruction; to create any right or benefit, 31 substantive or procedural, enforceable at law or in equity 32 by any party against the state of Iowa, its departments, 33 agencies, or entities, its officers, employees, or agents, or 34 any other person; or to prohibit a state or federal court or 35 -11- LSB 1388SV (2) 89 kh/jh 11/ 13

S.F. 478 agency of competent jurisdiction from ordering a training or 1 remedial action due to a finding of discrimination, including 2 discrimination based on race or sex. 3 Each regents university shall make student government 4 organization access to and authority over any moneys disbursed 5 to the student government organization by the university 6 contingent upon the student government organization’s 7 compliance with the first amendment to the Constitution of the 8 United States and with Code chapter 261H. 9 If, after the exhaustion of administrative or judicial 10 appeals, it is determined that a student government 11 organization knowingly and intentionally violated the first 12 amendment rights of a member of the campus community or that 13 an action of a student government organization violated the 14 provisions of the bill, the institution shall suspend the 15 student government organization’s authority to manage and 16 disburse student fees for one year. During this period of 17 suspension, such student fees shall be managed and disbursed 18 by the institution. 19 The state board of regents must annually appoint from among 20 its membership a three-member nonpartisan free speech appeals 21 committee to receive complaints under Code section 261H.5 22 relating to the institutions of higher learning governed by the 23 state board. 24 Code section 280.22 provides that public school students 25 have the right to exercise freedom of speech, including the 26 right of expression in official school publications, with 27 exceptions for materials that are obscene, libelous, or 28 slanderous, or encourage students to commit unlawful acts, 29 violate lawful school regulations, or cause the material 30 and substantial disruption of the orderly operation of the 31 school. Prior restraint of permitted materials is prohibited. 32 Expression made by students in the exercise of free speech 33 shall not be deemed to be an expression of school policy, and a 34 public school is not liable for such expression. 35 -12- LSB 1388SV (2) 89 kh/jh 12/ 13

S.F. 478 The bill provides that a public school employee or official 1 shall not be dismissed, suspended, disciplined, reassigned, 2 transferred, subject to termination or nonrenewal of a 3 teaching contract or an extracurricular contract, or otherwise 4 retaliated against for acting to protect a student for engaging 5 in conduct authorized under Iowa law pertaining to freedom of 6 expression of public school students, or refusing to infringe 7 upon student conduct that is protected by such Iowa law, the 8 first amendment to the Constitution of the United States, or 9 Article I, section 7, of the Constitution of the State of Iowa. 10 The bill modifies a requirement that journalism advisers 11 of students producing official school publications supervise 12 the production of the student staff in order to maintain the 13 professional standards. 14 The bill provides that the written publications code that 15 each school board is required to adopt under Code section 16 280.22 shall incorporate all of the provisions of that Code 17 section. 18 The bill may include a state mandate as defined in Code 19 section 25B.3. The bill makes inapplicable Code section 25B.2, 20 subsection 3, which would relieve a political subdivision from 21 complying with a state mandate if funding for the cost of 22 the state mandate is not provided or specified. Therefore, 23 political subdivisions are required to comply with any state 24 mandate included in the bill. 25 -13- LSB 1388SV (2) 89 kh/jh 13/ 13