HF 620 (LSB 2215HV (2) 90)

HOUSE FILE 620

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HF 367)

A BILL FOR

An Act prohibiting school districts and charter schools from taking disciplinary action against employees, contractors, or students for the use of legal names or for the failure to use personal pronouns in official communications, and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256E.7, subsection 2, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0j.  Be subject to and comply with the requirements of section 279.77 relating to the prohibition on disciplinary action for the use of legal names and for the failure to use personal pronouns in official communications in the same manner as a school district.
    Sec. 2.  NEW SECTION.  279.77  Prohibition on disciplinary action —— use of legal names —— failure to use personal pronouns.
   1.  The board of directors of each school district shall not take any disciplinary action against an employee of the school district, a contractor hired by the school district, or a student enrolled in the school district for addressing other employees, contractors, or students using the employee’s, contractor’s, or student’s legal name.
   2.  The board of directors of each school district shall not take any disciplinary action against an employee of the school district, a contractor hired by the school district, or a student enrolled in the school district for failing to disclose or use any personal pronouns in the greeting or signature block of any form of official communication, including letters, forms, notes, or electronic mail.
   3.  An employee whose employment is terminated in violation of this section may enforce this section through a civil action under section 70A.29, subsection 3.
   4.  For purposes of this section, “disciplinary action” includes termination of employment or the contractual relationship, suspension from employment or the contractual relationship, demotion, expulsion from school, suspension from school, detention, financial penalties, and written or verbal reprimands.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits school districts and charter schools from taking disciplinary action against employees, contractors, or students for the use of legal names or for the failure to use personal pronouns in official communications.
   The bill prohibits the board of directors of school districts and the governing boards of charter schools from taking any disciplinary action against an employee, contractor, or student for addressing other employees, contractors, or students using the employee’s, contractor’s, or student’s legal name.
   The bill prohibits the board of directors of school districts and the governing boards of charter schools from taking any disciplinary action against an employee, contractor, or student for failing to disclose or use any personal pronouns in the greeting or signature block of any form of official communication.
   The bill allows an employee whose employment is terminated in violation of these provisions to enforce the provisions through a civil action which allows the aggrieved employee to receive reinstatement, with or without back pay, civil damages in an amount not to exceed three times the aggrieved employee’s annual wages and benefits, and any other equitable relief the court deems appropriate, including attorney fees and costs. Injunctive relief is also available.
   The bill defines “disciplinary action” to include termination of employment or the contractual relationship, suspension from employment or the contractual relationship, demotion, expulsion from school, suspension from school, detention, financial penalties, and written or verbal reprimands.