S.F. _____ 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 1388XC (13) 89 kh/jh 1/ 11

S.F. _____ 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 1388XC (13) 89 kh/jh 2/ 11

S.F. _____ 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 1388XC (13) 89 kh/jh 3/ 11

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

S.F. _____ education’s duty to protect to the fullest degree intellectual 1 freedom and free expression. The intellectual vitality of 2 students and faculty shall not be infringed under this section. 3 b. Prevent a public institution of higher education 4 from promoting racial, cultural, or ethnic diversity or 5 inclusiveness, provided such efforts are consistent with the 6 provisions of this section. 7 c. Prohibit discussing divisive concepts as part of a larger 8 course of academic instruction. 9 d. Create any right or benefit, substantive or procedural, 10 enforceable at law or in equity by any party against the state 11 of Iowa, its departments, agencies, or entities, its officers, 12 employees, or agents, or any other person. 13 Sec. 4. NEW SECTION . 261H.8 Student government 14 organizations —— student fees —— appeals —— liability. 15 1. Each institution of higher education governed by 16 the state board of regents shall make a student government 17 organization’s access to and authority over any moneys 18 disbursed to the student government organization by 19 the institution contingent upon the student government 20 organization’s compliance with the first amendment to the 21 Constitution of the United States and the provisions of this 22 chapter. 23 2. If, after exhaustion of all administrative or 24 judicial appeals, it is determined that a student government 25 organization knowingly and intentionally violated the first 26 amendment rights of a member of the campus community or that 27 an action or decision of a student government organization is 28 in violation of this section, the institution shall suspend 29 the student government organization’s authority to manage and 30 disburse student fees for a period of two years. During this 31 period of suspension, such student fees shall be managed and 32 disbursed by the institution. 33 Sec. 5. Section 262.9, Code 2021, is amended by adding the 34 following new subsection: 35 -5- LSB 1388XC (13) 89 kh/jh 5/ 11

S.F. _____ NEW SUBSECTION . 39. Appoint annually from among its 1 membership a three-member nonpartisan free speech committee 2 that shall receive complaints under section 261H.5 relating 3 to the institutions of higher learning governed by the state 4 board. 5 Sec. 6. Section 272.2, subsection 14, Code 2021, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . e. The board may deny a license to or 8 revoke the license of a person upon the board’s finding by a 9 preponderance of evidence that the person discriminated against 10 a student in violation of section 261H.2, subsection 3, or 11 section 279.73. 12 Sec. 7. NEW SECTION . 279.73 Intellectual freedom —— 13 protection —— complaints. 14 1. The board of directors of each school district shall 15 protect the intellectual freedom of the school district’s 16 students and practitioners and shall establish and publicize 17 policies that protect students and faculty from discrimination 18 based on political bias. A person shall not retaliate against 19 a person who files a complaint for a violation of this section. 20 If the person who files a complaint for a violation of this 21 section is an employee of the school district, the provisions 22 of section 70A.29 shall apply. 23 2. If the board of directors of the school district or 24 a court finds that an employee of the school district who 25 holds a license, certificate, statement of recognition, or 26 authorization issued by the board of educational examiners 27 under chapter 272 discriminated against a student in violation 28 of this section, the board of educational examiners shall 29 conduct a hearing pursuant to section 272.13, and the 30 employee may be subject to disciplinary action by the board of 31 educational examiners pursuant to section 272.2, subsection 14. 32 Sec. 8. NEW SECTION . 279.74 Race and sex stereotyping —— 33 training prohibited. 34 1. For purposes of this section, unless the context 35 -6- LSB 1388XC (13) 89 kh/jh 6/ 11

S.F. _____ otherwise requires: 1 a. “Divisive concepts” means the same as defined in section 2 261H.7. 3 b. “Race or sex stereotyping” means the same as defined in 4 section 261H.7. 5 2. Each school district may continue training that fosters 6 a workplace and learning environment that is respectful of 7 all employees and students. However, the superintendent of 8 each school district shall ensure that any mandatory staff or 9 student training provided by an employee of the school district 10 or by a contractor hired by the school district does not 11 teach, advocate, act upon, or promote divisive concepts. This 12 subsection shall not be construed as preventing an employee or 13 contractor who provides mandatory training from responding to 14 questions regarding divisive concepts raised by participants in 15 the training. 16 3. School district diversity and inclusion efforts shall 17 discourage employees and students of the school district from 18 discriminating against another by color, race, ethnicity, 19 sex, or any other characteristic protected under the federal 20 Civil Rights Act of 1964, Pub. L. No. 88-352, as amended, and 21 applicable state law. 22 4. This section shall not be construed to do any of the 23 following: 24 a. Inhibit or violate the first amendment rights of students 25 or faculty, or undermine a school district’s duty to protect to 26 the fullest degree intellectual freedom and free expression. 27 The intellectual vitality of students and faculty shall not be 28 infringed under this section. 29 b. Prevent a school district from promoting racial, 30 cultural, or ethnic diversity or inclusiveness, provided such 31 efforts are consistent with the provisions of this section. 32 c. Prohibit discussing divisive concepts as part of a larger 33 course of academic instruction. 34 d. Create any right or benefit, substantive or procedural, 35 -7- LSB 1388XC (13) 89 kh/jh 7/ 11

S.F. _____ enforceable at law or in equity by any party against the state 1 of Iowa, its departments, agencies, or entities, its officers, 2 employees, or agents, or any other person. 3 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 3, shall not apply to this Act. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill provides for first amendment rights training, 9 prohibitions, and requirements at or by school districts and 10 public postsecondary educational institutions. 11 Each public institution of higher education must develop 12 materials, programs, and procedures to ensure that those 13 persons who are responsible for discipline, instruction, or 14 administration of the campus community, and who have oversight 15 of student government organizations, or distribute activity fee 16 funds, understand the policies, regulations, and duties of the 17 institution regarding free expression on campus. 18 Each such public institution of higher education must 19 protect the first amendment rights of its students, staff, and 20 faculty and must establish and publicize policies that prohibit 21 institutional restrictions and penalties based on protected 22 speech. An institution shall not retaliate against a person 23 filing a discrimination complaint. 24 If it is determined that a faculty member knowingly and 25 intentionally restricts the protected speech or otherwise 26 penalizes a student, the faculty member shall be subject to 27 discipline by the institution. The bill establishes similar 28 requirements for school districts. If the faculty member or in 29 the case of a school district, the school employee, is licensed 30 by the board of educational examiners, the faculty member or 31 school employee, as appropriate, may be subject to disciplinary 32 action by the board. 33 If it is determined that a student government organization 34 knowingly and intentionally violated the first amendment 35 -8- LSB 1388XC (13) 89 kh/jh 8/ 11

S.F. _____ rights of a member of the campus community or is in violation 1 of the provisions of the bill, the institution shall suspend 2 the student government organization’s authority to manage and 3 disburse student fees for a period of two years, during which 4 time the student fees shall be managed and disbursed by the 5 institution. 6 Each public institution of higher education must provide 7 to each student and each student government organization 8 instruction and training on the first amendment to the 9 Constitution of the United States, including descriptions of 10 what is or is not protected under the amendment. 11 Each school district and each public institution of higher 12 learning may continue all training that fosters a workplace 13 that is respectful of all employees and students, but the 14 superintendent of the school district or the president of the 15 institution must ensure that any mandatory staff or student 16 training provided by an employee of the school district or the 17 institution or by a contractor hired by the school district 18 or the institution does not teach, advocate, act upon, or 19 promote divisive concepts, which the bill defines to include 20 that one race or sex is inherently superior to another; that 21 Iowa is fundamentally racist or sexist; that an individual, 22 by virtue of the individual’s race or sex, is inherently 23 racist, sexist, or oppressive; that an individual should be 24 discriminated against or receive adverse treatment solely or 25 partly because of his or her race or sex; that members of one 26 race or sex cannot and should not attempt to treat others 27 without respect to race or sex; that an individual’s moral 28 character is necessarily determined by his or her race or sex; 29 that an individual bears responsibility for actions committed 30 in the past by other members of the same race or sex; that any 31 individual should feel psychological distress on account of 32 that individual’s race or sex; that meritocracy or traits such 33 as a hard work ethic are racist or sexist, or were created by 34 a particular race to oppress another race; and any other form 35 -9- LSB 1388XC (13) 89 kh/jh 9/ 11

S.F. _____ of race or sex stereotyping or any other form of race or sex 1 scapegoating. 2 The bill defines “race or sex stereotyping” as ascribing 3 character traits, values, moral and ethical codes, privileges, 4 status, or beliefs to a race or sex, or to an individual 5 because of the individual’s race or sex; assigning fault, 6 blame, or bias to a race or sex; or to members of a race or sex 7 because of their race or sex; or claiming that, consciously or 8 unconsciously, and by virtue of persons’ race or sex, members 9 of any race are inherently racist or are inherently inclined to 10 oppress others, or that members of a sex are inherently sexist 11 or inclined to oppress others. 12 Institution diversity and inclusion efforts must discourage 13 employees and students of the school district or institution 14 from discriminating against another by color, race, ethnicity, 15 sex, or any other characteristic protected under the federal 16 Civil Rights Act of 1964 or applicable state law. 17 Nothing in the provision shall be construed to inhibit 18 or violate the first amendment rights of students or faculty 19 or undermine the institution’s or school district’s duty to 20 protect intellectual freedom and free expression; prevent 21 a school district or public postsecondary institution 22 from promoting racial, cultural, or ethnic diversity or 23 inclusiveness; to prohibit discussing divisive concepts as part 24 of a larger course of academic instruction; or to create any 25 right or benefit, substantive or procedural, enforceable at 26 law or in equity by any party against the state of Iowa, its 27 departments, agencies, or entities, its officers, employees, 28 or agents, or any other person. 29 Each regents university shall make student government 30 organization access to and authority over any moneys disbursed 31 to the student government organization by the university 32 contingent upon the student government organization’s 33 compliance with the first amendment to the Constitution of the 34 United States and with Code chapter 261H. 35 -10- LSB 1388XC (13) 89 kh/jh 10/ 11

S.F. _____ If, after the exhaustion of administrative or judicial 1 appeals, it is determined that a student government 2 organization knowingly and intentionally violated the first 3 amendment rights of a member of the campus community or that 4 an action of a student government organization violated the 5 provisions of the bill, the institution shall suspend the 6 student government organization’s authority to manage and 7 disburse student fees for two years. During this period of 8 suspension, such student fees shall be managed and disbursed 9 by the institution. 10 The state board of regents must annually appoint from among 11 its membership a three-member nonpartisan free speech appeals 12 committee to receive complaints under Code section 261H.5 13 relating to the institutions of higher learning governed by the 14 state board. 15 The bill may include a state mandate as defined in Code 16 section 25B.3. The bill makes inapplicable Code section 25B.2, 17 subsection 3, which would relieve a political subdivision from 18 complying with a state mandate if funding for the cost of 19 the state mandate is not provided or specified. Therefore, 20 political subdivisions are required to comply with any state 21 mandate included in the bill. 22 -11- LSB 1388XC (13) 89 kh/jh 11/ 11