HF 2336 (LSB 5287HV (1) 91)

HOUSE FILE 2336

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HF 2106)

(COMPANION TO SF 2062 BY SALMON)

A BILL FOR

An Act relating to education, including by modifying provisions related to the protected speech and expression rights of students enrolled in school districts, charter schools, and innovation zone schools and the duties of the department of education, and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.9, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  80.  a.  Annually distribute, both electronically and by regular mail, the most recent version of the United States department of education’s guidance related to constitutionally protected prayer and religious expression in public elementary and secondary schools to all of the following individuals:
   (1)  Each member of the board of directors of each school district.
   (2)  Each member of the governing board of each charter school established pursuant to chapter 256E.
   (3)  Each superintendent employed by each school district.
   (4)  Each principal employed by each school district.
   (5)  Each principal employed by each charter school established pursuant to chapter 256E.
   (6)  Each principal employed by each charter school or innovation zone school established pursuant to chapter 256F.
   (7)  Each teacher employed by each school district.
   (8)  Each teacher employed by each charter school established pursuant to chapter 256E.
   (9)  Each teacher employed by each charter school or innovation zone school established pursuant to chapter 256F.
   b.  Publish on the department’s internet site a link to the most recent version of the United States department of education’s guidance related to constitutionally protected prayer and religious expression in public elementary and secondary schools.
   c.  Develop and distribute to school districts, charter schools established pursuant to chapter 256E, and charter schools and innovation zone schools established pursuant to chapter 256F a professional development training program regarding constitutionally protected prayer and religious expression in public elementary and secondary schools.
   NEW SUBSECTION.  81.  Develop and distribute to school districts, charter schools established pursuant to chapter 256E, and charter schools and innovation zone schools established pursuant to chapter 256F a model policy that, if adopted by a school district, charter school, or innovation zone school, would satisfy the school district’s, charter school’s, or innovation zone school’s responsibilities under section 279.89, subsection 4, paragraph “c”, relating to the adoption of policies to ensure compliance with federal religious expression standards.
    Sec. 2.  Section 256E.7, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0s.  Be subject to and comply with the requirements of section 279.89 relating to protected speech or expression in the same manner as a school district.
    Sec. 3.  Section 256F.4, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0q.  Be subject to and comply with the requirements of section 279.89 relating to protected speech or expression in the same manner as a school district.
    Sec. 4.  NEW SECTION.  279.89  Protected speech and expression —— prohibitions —— enforcement.
   1.  A school district shall not discriminate against or penalize a student enrolled in the school district for doing any of the following:
   a.  Engaging in religious, political, or ideological speech in the same time, place, and manner, and to the same extent, that other similarly situated students are authorized to engage in speech at school.
   b.  Expressing a religious, political, or ideological viewpoint in the same time, place, and manner, and to the same extent, that other similarly situated students are authorized to express views at school.
   2.  A school district shall allow a student who is enrolled in the school district to engage in protected speech or expression at school, which includes but is not limited to all of the following activities:
   a.  Expressing a religious, political, or ideological viewpoint on the topic or subject of discussion or study during class.
   b.  Expressing religious, political, or ideological viewpoints in a homework assignment, artwork, presentation, or other written or oral assignments, without being discriminated against or the imposition of an academic penalty based on the religious, political, or ideological content of the student’s expressions; provided, however, that a school district shall assess a student’s written and oral assignments using ordinary academic standards of substance and relevance and other legitimate pedagogical concerns identified by the school district.
   c.  Organizing religious, political, or ideological gatherings or clubs before, during, or after school to the same extent, and with the same access to school facilities, as the school district grants to other student-initiated gatherings and clubs.
   d.  Wearing clothing, accessories, and jewelry that display religious, political, or ideological messages or symbols in the same manner, and to the same extent, as the school district permits other students to wear clothing, accessories, and jewelry that display messages and symbols.
   3.  A school district shall not discriminate against a club organized by a student enrolled in the school district because of any of the following:
   a.  The religious, political, or ideological viewpoints expressed by the club.
   b.  The religious, political, or ideological viewpoints expressed by students who are members of the club.
   c.  Any requirement that the leaders or members of the club affirm or adhere to any particular beliefs, comply with the club’s standards of conduct, or further the club’s mission or purpose, as defined by the club.
   4.  Each school district shall do all of the following:
   a.  Annually notify each employee of the school district of the availability of the United States department of education’s guidance related to constitutionally protected prayer and religious expression in public elementary and secondary schools.
   b.  Offer professional development opportunities to each employee of the school district regarding constitutionally protected prayer and religious expression in public elementary and secondary schools to ensure understanding and compliance.
   c.  (1)  Adopt a policy that ensures the school district complies with federal religious expression standards.
   (2)  Annually certify to the department of education that the school district is in compliance with the policy described in subparagraph (1).
   5.  a.  Any individual or club organized by a student alleging a violation of subsection 1, 2, 3, or 4 by a school district may bring a civil action for declaratory relief, injunctive relief, monetary damages, reasonable attorney fees, court costs, and any other appropriate relief against the school district.
   b.  A court shall assess a civil penalty of not less than five thousand dollars against a school district that fails to comply with subsection 1, 2, 3, or 4, in addition to any monetary damages awarded pursuant to paragraph “a”. The civil penalty is payable to the prevailing individual or club organized by a student.
   c.  Any individual or club organized by a student aggrieved by a school district’s violation of subsection 1, 2, 3, or 4 may assert such violation as a defense or counterclaim in any disciplinary action, civil proceeding, or administrative proceeding that is brought against the individual or club.
   d.  This subsection shall not be construed to limit any other remedies available to any individual or club organized by a student alleging a violation of subsection 1, 2, 3, or 4 by a school district.
   e.  A civil action brought under this subsection is barred unless the action is commenced not later than two years after the day the cause of action accrues. For purposes of calculating this limitations period, each day that the violation persists, including each day that a policy in violation of subsection 4, paragraph “c”, remains in effect, shall constitute a new day that the cause of action has accrued.
   6.  a.  This section constitutes a waiver of any sovereign immunity provided to school districts under the eleventh amendment to the Constitution of the United States.
   b.  A school district that violates subsection 1, 2, 3, or 4 is not immune from suit or liability for such violation and consents to suit in federal court for any actions arising under this section.
   7.  This section shall not be construed to prevent a school district from prohibiting, limiting, or restricting any of the following:
   a.  Expression that is not protected under the first amendment to the Constitution of the United States, including true threats, obscenity, and expression that is directed to provoke imminent lawless actions and likely to produce such actions.
   b.  Expression that is unwelcome, and so severe, pervasive, and subjectively and objectively offensive, that the expression effectively denies a student access to educational opportunities or benefits provided by the school district.
   c.  Conduct that intentionally, materially, and substantially disrupts any of the following:
   (1)  The operations of the school district.
   (2)  The expressive activity of another individual if that activity is occurring on school district property in an area reserved for that activity under the exclusive use or control of a particular student, group of students, or a club organized by a student.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to education, including by modifying provisions related to the protected speech and expression rights of students enrolled in school districts, charter schools, and innovation zone schools (schools) and the duties of the department of education (DE).
   The bill prohibits schools from discriminating against or penalizing a student for engaging in religious, political, or ideological speech, or expressing a religious, political, or ideological viewpoint, in the same time, place, and manner, and to the same extent, that other similarly situated students are authorized to engage in speech or express views at school.
   The bill requires schools to allow students to express a religious, political, or ideological viewpoint on the topic or subject of discussion or study during class; express religious, political, or ideological viewpoints in school work without being discriminated against or the imposition of an academic penalty based on the content of the student’s expressions; organize religious, political, or ideological gatherings or clubs; and wear clothing, accessories, and jewelry that display religious, political, or ideological messages or symbols in the same manner, and to the same extent, as the school permits other students.
   The bill prohibits schools from discriminating against a club organized by a student because of the religious, political, or ideological viewpoints expressed by the club; the religious, political, or ideological viewpoints expressed by students who are members of the club; or any requirement that the leaders or members of the club affirm or adhere to any particular beliefs, comply with the club’s standards of conduct, or further the club’s mission or purpose.
   The bill requires the director of DE to annually distribute the most recent version of the United States department of education’s guidance related to constitutionally protected prayer and religious expression in public elementary and secondary schools to members of the boards of directors of school districts, members of the governing boards of charter schools, superintendents employed by school districts, principals employed by school districts, charter schools, or innovation zone schools, and teachers employed by school districts, charter schools, or innovation zone schools. The director is also required to publish on DE’s internet site a link to the most recent version of the guidance. In addition, the director is required to develop and distribute to schools a professional development training program regarding constitutionally protected prayer and religious expression in schools. Schools are required to annually notify each employee of the guidance, and to offer professional development opportunities to each employee regarding constitutionally protected prayer and religious expression in schools. Schools are also required to adopt a policy that ensures the school complies with federal religious expression standards and annually certify to DE that the school is in compliance with such policy. The director of DE is required to develop and distribute to schools a model policy that, if adopted by the school, would satisfy the school’s responsibilities relating to the adoption of policies that ensure compliance with federal religious expression standards.
   The bill authorizes any individual or club organized by a student alleging a violation of the bill’s provisions by a school to bring a civil action for declaratory relief, injunctive relief, monetary damages, reasonable attorney fees, court costs, and any other appropriate relief. A court is required to assess a civil penalty of not less than $5,000 against a school that fails to comply with the bill’s provisions. The civil penalty is payable to the prevailing individual or club organized by a student. The bill authorizes an individual or club organized by a student aggrieved by a school’s violation of the bill’s provisions to assert such violation as a defense or counterclaim in any disciplinary action, civil proceeding, or administrative proceeding that is brought against the individual or club. The bill provides that a civil action brought under this subsection is barred unless the action is commenced not later than two years after the day the cause of action accrues.
   The bill constitutes a waiver of any sovereign immunity provided to schools under the Constitution of the United States. A school that violates the bill’s provisions is not immune from suit or liability for such violation and consents to suit in federal court for any actions arising under the bill’s provisions.
   The bill is not to be construed to prevent a school from prohibiting, limiting, or restricting expression that is not protected under the Constitution of the United States; expression that is unwelcome and that denies a student access to educational opportunities or benefits provided by the school; or conduct that disrupts school operations or the expressive activity of another individual if that activity is occurring on school property in an area reserved for that activity under the exclusive use or control of a particular student, group of students, or a club organized by a student.