House File 2123 - Introduced HOUSE FILE 2123 BY FETT A BILL FOR An Act relating to state entities, including by modifying 1 provisions related to prohibited diversity, equity, 2 and inclusion offices and officers and to trainings and 3 curricula regarding specific defined concepts provided by 4 school districts. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5924YH (1) 91 jda/jh
H.F. 2123 Section 1. Section 19.3, Code 2026, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 4. If the attorney general or person 3 bringing the civil action under subsection 2 prevails, all of 4 the following shall occur: 5 a. The state entity shall terminate the employment of the 6 person who violated this chapter. 7 b. If the supervisor of the person who violated this chapter 8 was aware of the violations of this chapter and failed to take 9 actions intended to prevent the violations, the state entity 10 shall terminate the employment of the supervisor. 11 c. If the position of the person whose employment is 12 terminated under paragraph “a” or “b” required a license, 13 certificate, authorization, or statement of recognition, the 14 person’s license, certificate, authorization, or statement of 15 recognition shall be revoked by the entity that originally 16 issued the license, certificate, authorization, or statement 17 of recognition. 18 d. (1) If the total budget of the state entity that 19 employed the person in the last fiscal year that the person 20 committed the conduct that violated this chapter was less 21 than one hundred million dollars, that state entity shall pay 22 a civil penalty of fifty thousand dollars, which shall be 23 deposited in the general fund of the state. 24 (2) If the total budget of the state entity that employed 25 the person in the last fiscal year that the person committed 26 the conduct that violated this chapter was equal to or more 27 than one hundred million dollars, that state entity shall pay a 28 civil penalty of one hundred thousand dollars, which shall be 29 deposited in the general fund of the state. 30 Sec. 2. Section 256.146, subsection 13, paragraph b, Code 31 2026, is amended by adding the following new subparagraph: 32 NEW SUBPARAGRAPH . (5) The applicant’s or person’s 33 employment was terminated pursuant to section 19.3, subsection 34 4, or section 279.74A, subsection 4. 35 -1- LSB 5924YH (1) 91 jda/jh 1/ 6
H.F. 2123 Sec. 3. NEW SECTION . 272C.10A Mandatory revocation. 1 A licensing board shall revoke a license if the licensee’s 2 employment was terminated pursuant to section 19.3, subsection 3 4. 4 Sec. 4. Section 279.74, subsection 4, paragraph d, Code 5 2026, is amended to read as follows: 6 d. Create Except as provided in section 279.74A, create 7 any right or benefit, substantive or procedural, enforceable 8 at law or in equity by any party against the state of Iowa, its 9 departments, agencies, or entities, its officers, employees, 10 or agents, or any other person. 11 Sec. 5. NEW SECTION . 279.74A Training and curriculum 12 prohibited —— specific defined concepts —— enforcement. 13 1. Any person may notify the attorney general of a school 14 district’s potential violation of section 279.74. The attorney 15 general may bring an action against a school district for a 16 writ of mandamus to compel the school district to comply with 17 section 279.74. 18 2. A student enrolled in a school district, an alumnus of a 19 school district, or an employee of a school district alleging 20 a violation of section 279.74 may bring a civil action for 21 injunctive relief against the school district to prohibit the 22 school district from continuing such violation. 23 3. An action brought under this section may be brought in 24 any of the following: 25 a. The county in which all or a substantial part of the 26 events or omissions giving rise to the action occurred. 27 b. The county in which the central administrative office of 28 the school district is located. 29 c. The county in which the claimant resides, if the claimant 30 is an individual and resides in this state. 31 d. The county in which a defendant resides, if the defendant 32 is an individual and resides in this state. 33 4. If the attorney general or person bringing the civil 34 action under subsection 2 prevails, all of the following shall 35 -2- LSB 5924YH (1) 91 jda/jh 2/ 6
H.F. 2123 occur: 1 a. The school district shall terminate the employment of the 2 person who violated this chapter. 3 b. If the supervisor of the person who violated this chapter 4 was aware of the violations of this chapter and failed to take 5 actions intended to prevent the violations, the school district 6 shall terminate the employment of the supervisor. 7 c. If the position of the person whose employment is 8 terminated under paragraph “a” or “b” required a license, 9 certificate, authorization, or statement of recognition, the 10 person’s license, certificate, authorization, or statement of 11 recognition shall be revoked by the entity that originally 12 issued the license, certificate, authorization, or statement 13 of recognition. 14 d. (1) If the total budget of the school district that 15 employed the person in the last fiscal year that the person 16 committed the conduct that violated section 279.74 was less 17 than one hundred million dollars, the school district shall 18 pay a civil penalty of fifty thousand dollars, which shall be 19 deposited in the general fund of the state. 20 (2) If the total budget of the school district that employed 21 the person in the last fiscal year that the person committed 22 the conduct that violated section 279.74 was equal to or more 23 than one hundred million dollars, the school district shall pay 24 a civil penalty of one hundred thousand dollars, which shall be 25 deposited in the general fund of the state. 26 Sec. 6. NEW SECTION . 602.3203A Mandatory revocation. 27 The board shall revoke a certification if the person’s 28 employment was terminated pursuant to section 19.3, subsection 29 4. 30 Sec. 7. NEW SECTION . 602.10122A Mandatory revocation. 31 The supreme court shall revoke the license of an attorney 32 to practice law in this state if the attorney’s employment was 33 terminated pursuant to section 19.3, subsection 4. 34 EXPLANATION 35 -3- LSB 5924YH (1) 91 jda/jh 3/ 6
H.F. 2123 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to state entities, including by modifying 3 provisions related to prohibited diversity, equity, and 4 inclusion offices and officers and to trainings and curricula 5 regarding specific defined concepts by school districts. 6 Current Code section 19.2 prohibits state entities from 7 expending any moneys appropriated by the general assembly, or 8 any other moneys, to establish, sustain, support, or staff 9 a diversity, equity, and inclusion office, or to contract, 10 employ, engage, or hire an individual to serve as a diversity, 11 equity, and inclusion officer. Current Code section 19.3 12 authorizes the attorney general to bring an action against 13 a state entity for a writ of mandamus to compel the state 14 entity to comply with these prohibitions. Current Code section 15 19.3 authorizes a student or alumnus of a public school, or 16 an employee of a state entity, alleging a violation of the 17 bill’s provisions to bring a civil action for injunctive relief 18 against the state entity to prohibit the state entity from 19 continuing such violation. 20 The bill modifies Code section 19.3 to provide that if the 21 attorney general or other person bringing an action under 22 Code section 19.3 is the prevailing party, the state entity 23 is required to terminate the employment of the person who 24 committed the violation. The bill also provides that if the 25 supervisor of the person who committed the violation was aware 26 of the violation and failed to take actions intended to prevent 27 the violation, then the state entity is required to terminate 28 the employment of the supervisor as well. Additionally, if 29 the position of the person whose employment was terminated 30 required a license, certificate, authorization, or statement of 31 recognition, the person’s license, certificate, authorization, 32 or statement of recognition shall be revoked by the entity that 33 originally issued the license, certificate, authorization, 34 or statement of recognition. If the attorney general or 35 -4- LSB 5924YH (1) 91 jda/jh 4/ 6
H.F. 2123 other person bringing an action under Code section 19.3 is 1 the prevailing party, the bill establishes levels of civil 2 penalties to be imposed upon the state entity that are based on 3 the amount of the state entity’s total budget. 4 Current Code section 279.74(2) requires the superintendent 5 of each school district to ensure that any curriculum or 6 mandatory staff or student training provided by an employee 7 of the school district or by a contractor hired by the school 8 district does not teach, advocate, encourage, promote, or act 9 upon specific stereotyping and scapegoating toward others on 10 the basis of demographic group membership or identity. Current 11 Code section 279.74(3) requires school district diversity and 12 inclusion efforts to discourage students from discriminating 13 against another by political ideology or any characteristic 14 protected under federal law or applicable state law. Current 15 Code section 279.74(3) also requires school districts to 16 prohibit employees from discriminating against students or 17 other employees by political ideology or any characteristic 18 protected under federal law or applicable state law. 19 The bill authorizes the attorney general to bring an action 20 against a school district for a writ of mandamus to compel the 21 school district to comply with Code section 279.74. The bill 22 also authorizes a student or alumnus of a school district, or 23 an employee of a school district, alleging a violation of the 24 bill’s provisions to bring a civil action for injunctive relief 25 against the school district to prohibit the school district 26 from continuing such violation. The bill establishes the 27 venue in which such actions may be brought. If the attorney 28 general or other person is the prevailing party, the school 29 district is required to terminate the employment of the person 30 who committed the violation. The bill also provides that if 31 the supervisor of the person who committed the violation was 32 aware of the violation and failed to take actions intended to 33 prevent the violation, then the school district is required 34 to terminate the employment of the supervisor as well. 35 -5- LSB 5924YH (1) 91 jda/jh 5/ 6
H.F. 2123 Additionally, if the position of the person whose employment 1 was terminated required a license, certificate, authorization, 2 or statement of recognition, the person’s license, certificate, 3 authorization, or statement of recognition shall be revoked by 4 the entity that originally issued the license, certificate, 5 authorization, or statement of recognition, which includes the 6 board of educational examiners. If the attorney general or 7 other person bringing an action is the prevailing party, the 8 bill establishes levels of civil penalties to be imposed upon 9 the school district that are based on the amount of the school 10 district’s total budget. 11 The bill makes conforming changes. 12 -6- LSB 5924YH (1) 91 jda/jh 6/ 6