House Study Bill 218 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON WHEELER) A BILL FOR An Act prohibiting institutions of higher learning governed 1 by the state board of regents from expending moneys to 2 fund diversity, equity, and inclusion offices or to hire 3 individuals to serve as diversity, equity, and inclusion 4 officers, creating a private cause of action, and including 5 effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1636YC (3) 90 jda/jh

H.F. _____ Section 1. NEW SECTION . 261J.1 Definitions. 1 As used in this chapter: 2 1. “Diversity, equity, and inclusion” includes all of the 3 following: 4 a. Any effort to manipulate or otherwise influence the 5 composition of the faculty or student body with reference to 6 race, sex, color, or ethnicity, apart from ensuring colorblind 7 and sex-neutral admissions and hiring in accordance with state 8 and federal anti-discrimination laws. 9 b. Any effort to promote differential treatment of or 10 provide special benefits to individuals on the basis of race, 11 color, or ethnicity. 12 c. Any effort to promote or promulgate policies and 13 procedures designed or implemented with reference to race, 14 color, or ethnicity. 15 d. Any effort to promote or promulgate trainings, 16 programming, or activities designed or implemented with 17 reference to race, color, ethnicity, gender identity, or sexual 18 orientation. 19 e. Any effort to promote, as the official position of 20 the public institution of higher education, a particular, 21 widely contested opinion referencing unconscious or implicit 22 bias, cultural appropriation, allyship, transgender ideology, 23 microaggressions, group marginalization, anti-racism, systemic 24 oppression, social justice, intersectionality, neo-pronouns, 25 heteronormativity, disparate impact, gender theory, racial 26 privilege, sexual privilege, or any related formulation of 27 these concepts. 28 2. “Diversity, equity, and inclusion office” means any 29 division, office, center, or other unit of a public institution 30 of higher education that is responsible for creating, 31 developing, designing, implementing, organizing, planning, 32 or promoting policies, programming, training, practices, 33 activities, or procedures related to diversity, equity, and 34 inclusion. “Diversity, equity, and inclusion office” does not 35 -1- LSB 1636YC (3) 90 jda/jh 1/ 7

H.F. _____ include any of the following: 1 a. An office staffed exclusively by licensed attorneys and 2 paralegal and secretarial support for the licensed attorneys, 3 and certified by the attorney general as operating with the 4 sole and exclusive mission of ensuring legal compliance with 5 the public institution of higher education’s obligations under 6 Tit. IX of the federal Education Amendments Act of 1972, 20 7 U.S.C. §1681 et seq., as amended, the federal Americans with 8 Disabilities Act of 1990, 42 U.S.C. §12101 et seq., as amended, 9 the federal Age Discrimination in Employment Act of 1967, 29 10 U.S.C. §621 et seq., as amended, the federal Civil Rights 11 Act of 1964, Pub. L. No. 88-352, as amended, or any other 12 applicable federal or state law or a court order. 13 b. An academic department within a public institution of 14 higher education that exists primarily for the purpose of 15 offering courses for degree credit and that does not establish 16 a policy or procedures to which other departments of the public 17 institution of higher education are subject. 18 c. An office solely engaged in new student recruitment. 19 d. A registered student organization. 20 3. “Diversity, equity, and inclusion officer” means an 21 individual who is either employed by a public institution of 22 higher education or who is an independent contractor of a 23 public institution of higher education and whose duties include 24 coordinating, creating, developing, designing, implementing, 25 organizing, planning, or promoting policies, programming, 26 training, practices, activities, and procedures relating to 27 diversity, equity, and inclusion. “Diversity, equity, and 28 inclusion officer” does not include any of the following: 29 a. Any employee who is a licensed attorney and whose sole 30 job duties related to diversity, equity, and inclusion are 31 to ensure compliance with the public institution of higher 32 education’s obligations under Tit. IX of the federal Education 33 Amendments Act of 1972, 20 U.S.C. §1681 et seq., as amended, 34 the federal Americans with Disabilities Act of 1990, 42 U.S.C. 35 -2- LSB 1636YC (3) 90 jda/jh 2/ 7

H.F. _____ §12101 et seq., as amended, the federal Age Discrimination in 1 Employment Act of 1967, 29 U.S.C. §621 et seq., as amended, 2 the federal Civil Rights Act of 1964, Pub. L. No. 88-352, as 3 amended, or any other applicable federal or state law or a 4 court order. 5 b. Any faculty member while engaged in teaching, research, 6 or the production of creative works, the dissemination of the 7 faculty member’s research or creative works, or advising a 8 registered student organization. 9 c. A guest speaker or performer with a short-term 10 engagement. 11 4. “Gender identity” means the same as defined in section 12 216.2. 13 5. “Public institution of higher education” means an 14 institution of higher learning governed by the state board of 15 regents. 16 6. “Sexual orientation” means the same as defined in section 17 216.2. 18 Sec. 2. NEW SECTION . 261J.2 Restrictions on use of moneys. 19 1. A public institution of higher education shall not expend 20 any moneys appropriated by the general assembly or any other 21 moneys derived from bequests, charges, deposits, donations, 22 endowments, fees, grants, gifts, income, receipts, tuition, 23 or any other source to establish, sustain, support, or staff 24 a diversity, equity, and inclusion office, or to contract, 25 employ, engage, or hire an individual to serve as a diversity, 26 equity, and inclusion officer. 27 2. Subsection 1 shall not be construed to cover or affect a 28 public institution of higher education’s funding of any of the 29 following: 30 a. Academic course instruction. 31 b. Research or creative works by the public institution 32 of higher education’s students, faculty, or other research 33 personnel, and the dissemination of such research or creative 34 works. 35 -3- LSB 1636YC (3) 90 jda/jh 3/ 7

H.F. _____ c. Activities of registered student organizations. 1 d. Arrangements for guest speakers and performers with 2 short-term engagements. 3 e. Mental or physical health services provided by licensed 4 professionals. 5 3. Subsection 1 shall not be construed as prohibiting bona 6 fide qualifications based on sex that are reasonably necessary 7 to the normal operation of public higher education. 8 4. a. A public institution of higher education shall not 9 expend any moneys appropriated by the general assembly for 10 a fiscal year beginning on or after July 1, 2023, until the 11 public institution of higher education files with the state 12 board of regents a report that discloses all of the following: 13 (1) The steps taken by the public institution of higher 14 education and its staff, administration, and faculty to comply 15 with subsection 1. 16 (2) The amount and job titles of the individuals deemed 17 to be required by the public institution of higher education 18 to comply with Tit. IX of the federal Education Amendments 19 Act of 1972, 20 U.S.C. §1681 et seq., as amended, the federal 20 Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et 21 seq., as amended, the federal Age Discrimination in Employment 22 Act of 1967, 29 U.S.C. §621 et seq., as amended, the federal 23 Civil Rights Act of 1964, Pub. L. No. 88-352, as amended, or 24 any other applicable federal or state law or a court order. 25 b. The report described in paragraph “a” shall certify that 26 the public institution of higher education is fully compliant 27 with subsection 1. 28 c. The public institution of higher education shall publish 29 the report described in paragraph “a” on the public institution 30 of higher education’s internet page. 31 Sec. 3. NEW SECTION . 261J.3 Enforcement —— venue. 32 1. Any person may notify the attorney general of a public 33 institution of higher education’s potential violation of 34 section 261J.2. The attorney general may bring an action 35 -4- LSB 1636YC (3) 90 jda/jh 4/ 7

H.F. _____ against a public institution of higher education for a writ of 1 mandamus to compel the public institution of higher education 2 to comply with section 261J.2. 3 2. A student enrolled in a public institution of higher 4 education, a faculty member of a public institution of higher 5 education, or an alumnus of a public institution of higher 6 education alleging a violation of section 261J.2 may bring 7 a civil action for injunctive relief against the public 8 institution of higher education to prohibit the public 9 institution of higher education from continuing such violation. 10 3. An action brought under this section may be brought in 11 any of the following: 12 a. The county in which all or a substantial part of the 13 events or omissions giving rise to the action occurred. 14 b. The county in which the principal office of the public 15 institution of higher education is located. 16 c. The county in which the claimant resides, if the claimant 17 is an individual and resides in this state. 18 d. The county in which a defendant resides, if the defendant 19 is an individual and resides in this state. 20 Sec. 4. FY 2022-2023 APPROPRIATIONS —— REALLOCATION. 21 Public institutions of higher education shall reallocate all 22 unexpended moneys appropriated by the general assembly in FY 23 2022-2023 that would have been expended on diversity, equity, 24 and inclusion offices or diversity, equity, and inclusion 25 officers on or after the effective date of this Act to merit 26 scholarships for lower-income and middle-income students and to 27 reduce tuition and mandatory fees for resident students. 28 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 29 importance, takes effect upon enactment. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill prohibits institutions of higher learning governed 34 by the state board of regents (public institutions of higher 35 -5- LSB 1636YC (3) 90 jda/jh 5/ 7

H.F. _____ education) from expending moneys to fund diversity, equity, and 1 inclusion offices or to hire individuals to serve as diversity, 2 equity, and inclusion officers. 3 The bill prohibits public institutions of higher education 4 from expending any moneys appropriated by the general assembly 5 or any other moneys derived from bequests, charges, deposits, 6 donations, endowments, fees, grants, gifts, income, receipts, 7 tuition, or any other source to establish, sustain, support, 8 or staff a diversity, equity, and inclusion office, or to 9 contract, employ, engage, or hire an individual to serve as a 10 diversity, equity, and inclusion officer. The bill provides 11 that this prohibition does not affect a public institution of 12 higher education’s funding of academic course instruction, 13 research or creative works, activities of registered student 14 organizations, arrangements for guest speakers and performers 15 with short-term engagements, or mental or physical health 16 services provided by licensed professionals. The bill also 17 provides that this prohibition shall not be construed as 18 prohibiting bona fide qualifications based on sex that are 19 reasonably necessary to the normal operation of public higher 20 education. 21 The bill prohibits public institutions of higher education 22 from expending any moneys appropriated by the general assembly 23 for a fiscal year beginning on or after July 1, 2023, until 24 the public institution of higher education files with the 25 state board of regents a report that details the institution’s 26 compliance with the bill’s provisions. 27 The bill authorizes the attorney general to bring an action 28 against a public institution of higher education for a writ of 29 mandamus to compel the public institution of higher education 30 to comply with these prohibitions. The bill also authorizes a 31 student, faculty member, or alumnus of a public institution of 32 higher education alleging a violation of the bill’s provisions 33 to bring a civil action for injunctive relief against the 34 public institution of higher education to prohibit the public 35 -6- LSB 1636YC (3) 90 jda/jh 6/ 7

H.F. _____ institution of higher education from continuing such violation. 1 The bill establishes the venue in which such actions may be 2 brought. 3 The bill requires public institutions of higher education to 4 reallocate all unexpended moneys appropriated by the general 5 assembly in FY 2022-2023 that would have been expended on 6 diversity, equity, and inclusion offices or diversity, equity, 7 and inclusion officers on or after the effective date of the 8 bill to merit scholarships for lower-income and middle-income 9 students and to reduce tuition and mandatory fees for resident 10 students. 11 The bill defines “diversity, equity, and inclusion”, 12 “diversity, equity, and inclusion office”, “diversity, equity, 13 and inclusion officer”, “gender identity”, “public institution 14 of higher education”, and “sexual orientation”. 15 The bill takes effect upon enactment. 16 -7- LSB 1636YC (3) 90 jda/jh 7/ 7