HF 2487 (LSB 5247HV (2) 91)

HOUSE FILE 2487

BY  COMMITTEE ON HIGHER EDUCATION

(SUCCESSOR TO HSB 542)

A BILL FOR

An Act concerning restrictions on certain activities relating to diversity, equity, inclusion, and critical race theory by state entities and public institutions of higher education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 19.3, subsection 1, Code 2026, is amended to read as follows:
   1.  a.  Any person may notify the attorney general of a state entity’s potential violation of section 19.2. The attorney general may bring an action against a state entity for a writ of mandamus to compel the state entity to comply with section 19.2.
   b.  The attorney general may conduct an inquiry or investigation regarding a violation of this chapter. As part of that inquiry or investigation, and in accordance with the Iowa rules of civil procedure, the attorney general may issue a subpoena for the production of records, including but not limited to books, accounts, papers, correspondence, memoranda, files, or other documents in a print or electronic format. If a person refuses compliance, the attorney general may seek enforcement by the district court.
   c.  Notwithstanding section 13.7, the attorney general may contract with special counsel to assist in either or both the investigation and legal action against a state entity for an alleged violation of this chapter. The state entity shall reimburse the attorney general for the costs, expenses, and fees incurred by special counsel.
    Sec. 2.  Section 261J.5, Code 2026, is amended to read as follows:
   261J.5  Enforcement.
   1.  Any person may notify the attorney general of a public institution of higher education’s potential violation of section 261J.2. The attorney general may bring an action against a public institution of higher education for a writ of mandamus to compel the public institution of higher education to comply with section 261J.2.
   2.  The attorney general may conduct an inquiry or investigation regarding a violation of this chapter. As part of that inquiry or investigation, and in accordance with the Iowa rules of civil procedure, the attorney general may issue a subpoena for the production of records, including but not limited to books, accounts, papers, correspondence, memoranda, files, or other documents in a print or electronic format. If a person refuses compliance, the attorney general may seek enforcement by the district court.
   3.  Notwithstanding section 13.7, the attorney general may contract with special counsel to assist in either or both the investigation and legal action against a public institution of higher education for an alleged violation of this chapter. The public institution of higher education shall reimburse the attorney general for the costs, expenses, and fees incurred by special counsel.
    Sec. 3.  REVIEW OF UNDERGRADUATE GENERAL EDUCATION REQUIREMENTS AND CORE CURRICULA.  By the semester beginning fall 2028, the state board of regents shall conduct a review of all undergraduate general education requirements and core curricula at institutions of higher education governed by the board. For the review, the board shall direct the institutions to review and identify any required courses or course requirements that include diversity, equity, inclusion, and critical race theory-related content. The board in its discretion shall direct an institution to eliminate such a course or course requirement.
    Sec. 4.  ESTABLISHMENT OF POLICIES —— DATE.  The board of regents shall establish all policies required by this Act no later than December 31, 2026.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill concerns restrictions on certain activities relating to diversity, equity, inclusion, and critical race theory by state entities and public institutions of higher education.
   The bill authorizes the attorney general to conduct an inquiry or investigation regarding a violation of current law prohibiting regents institutions, community colleges, and state entities, defined under current law to include local government entities, from engaging in certain practices regarding diversity, equity, and inclusion. The attorney general is authorized to issue subpoenas, seek enforcement in district court, and contract with special counsel. The bill requires reimbursement of the attorney general by the institution, community college, or state entity for the costs, expenses, and fees incurred by special counsel.
   The bill requires the state board of regents, by the semester beginning fall 2028, to conduct a review of all undergraduate general education requirements and core curricula at regents institutions. For the review, the board shall direct the institutions to review and identify any required courses or course requirements that include diversity, equity, inclusion, and critical race theory-related content. The board in its discretion shall direct an institution to eliminate such a course or course requirement. The bill requires the board to establish all policies required by the bill no later than December 31, 2026.