HF 2488 (LSB 5110HV (1) 91)

HOUSE FILE 2488

BY  COMMITTEE ON HIGHER EDUCATION

(SUCCESSOR TO HSB 537)

A BILL FOR

An Act prohibiting private institutions of higher education that participate in the Iowa tuition grant program from establishing diversity, equity, and inclusion offices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.183, subsection 1, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   “Accredited private institution” means an institution of higher learning located in Iowa which is operated privately and not controlled or administered by any state agency or any subdivision of the state and which meets the criteria in paragraphs “a” and “b” and all of the criteria in paragraphs “d” through “k” “l”, except that institutions defined in paragraph “c” of this subsection are exempt from the requirements of paragraphs “a” and “b”:
    Sec. 2.  Section 256.183, subsection 1, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  Adopt a policy for compliance with chapter 261M.
    Sec. 3.  Section 256.183, subsection 3, Code 2026, is amended to read as follows:
   3.  “Eligible institution” means an institution of higher learning located in Iowa which is operated privately and not controlled or administered by any state agency or any subdivision of the state, which is not exempt from taxation under section 501(c)(3) of the Internal Revenue Code, and which meets all of the criteria in subsection 1, paragraphs “d” through “k” “l”, and is a school of barbering and cosmetology arts and sciences licensed under chapter 157 and is accredited by a national accrediting agency recognized by the United States department of education. For the fiscal year beginning July 1, 2017, such a school of barbering and cosmetology arts and sciences shall provide a matching aggregate amount of institutional financial aid equal to at least seventy-five percent of the amount received by the institution’s students for Iowa tuition grant assistance under section 256.191. For the fiscal year beginning July 1, 2018, the school of barbering and cosmetology arts and sciences shall provide a matching aggregate amount of institutional financial aid equal to at least eighty-five percent of the amount received in that fiscal year. Commencing with the fiscal year beginning July 1, 2019, and each succeeding fiscal year, the matching aggregate amount of institutional financial aid shall be at least equal to the match provided by eligible institutions under section 261.9, subsection 3, paragraph “a”, Code 2023.
    Sec. 4.  NEW SECTION.  261M.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Department” means the department of education.
   2.  “Diversity, equity, and inclusion” includes all of the following:
   a.  Any effort to manipulate or otherwise influence the composition of the faculty or student body with reference to race, sex, color, or ethnicity, apart from ensuring colorblind and sex-neutral admissions and hiring in accordance with state and federal antidiscrimination laws.
   b.  Any effort to promote differential treatment of or provide special benefits to individuals on the basis of race, color, or ethnicity.
   c.  Any effort to promote or promulgate policies and procedures designed or implemented with reference to race, color, or ethnicity.
   d.  Any effort to promote or promulgate trainings, programming, or activities designed or implemented with reference to race, color, ethnicity, gender identity, or sexual orientation.
   3.  “Diversity, equity, and inclusion office” means any division, office, center, or other unit of a private institution of higher education that is responsible for creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, or procedures related to diversity, equity, and inclusion. “Diversity, equity, and inclusion office” does not include any of the following:
   a.  An office ensuring legal compliance.
   b.  An academic department within a private institution of higher education that exists primarily for the purpose of offering courses for degree credit and that does not establish a policy or procedures to which other departments of the private institution of higher education are subject.
   c.  An office solely engaged in new student recruitment.
   d.  A registered student organization.
   4.  “Private institution of higher education” means an accredited private institution as defined in section 256.183 or an eligible institution as defined in section 256.183.
    Sec. 5.  NEW SECTION.  261M.2  Diversity, equity, and inclusion office prohibited.
   1.  A private institution of higher education shall not, except as otherwise provided by federal or state law or accreditation standards, establish, sustain, support, or staff a diversity, equity, and inclusion office.
   2.  Subsection 1 shall not be construed to cover or affect a private institution of higher education’s funding of any of the following:
   a.  Academic course instruction.
   b.  Research or creative works by the private institution of higher education’s students, faculty, or other research personnel, and the dissemination of such research or creative works.
   c.  Activities of registered student organizations.
   d.  Arrangements for guest speakers and performers with short-term engagements.
   e.  Mental or physical health services provided by licensed professionals.
   3.  Subsection 1 shall not be construed as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of private higher education.
    Sec. 6.  NEW SECTION.  261M.3  Enforcement.
   1.  A person may report a private institution of higher education’s potential violation of section 261M.2 to the attorney general. The attorney general shall provide notice of such report to the department and the institution within fifteen days. No later than thirty days after receiving such notice, the institution shall do one of the following:
   a.  Correct the violation and provide documentation of the correction to the attorney general and the department.
   b.  Provide documentation to the attorney general and the department demonstrating that the action of the institution upon which the report was based was not a violation of section 261M.2.
   2.  If, upon the conclusion of the thirty-day period provided in subsection 1, the institution has not complied with subsection 1, paragraph “a”, or provided documentation under subsection 1, paragraph “b”, that demonstrates to the satisfaction of the attorney general that a violation of section 261M.2 did not occur, the institution shall be ineligible to participate in the tuition grant program under chapter 256, subchapter VII, part 4, subpart B, as of the next academic year beginning thereafter. If either action is carried out by the institution by October 1 of an academic year, eligibility shall be restored as of the next academic year beginning after such action is carried out. The attorney general shall notify the college student aid commission to this effect.
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 a private institution of higher education, as defined in the bill, from establishing, sustaining, supporting, or staffing a diversity, equity, and inclusion office, as defined in the bill. The prohibition does not apply if otherwise provided by federal or state law or accreditation standards. The bill specifies activities that the bill shall not be construed to prohibit.
   The bill authorizes a person to report a private institution of higher education’s potential violation of the requirements of the bill to the attorney general, who shall provide notice of such report to the department of education and the institution within 15 days. No later than 30 days after receiving such notice, the institution is required to take one of two actions. The institution shall either correct the violation and provide documentation of the correction to the attorney general and the department or provide documentation to the attorney general and the department demonstrating that the action of the institution upon which the report was based was not a violation.
   If within the 30-day period the institution has not corrected the violation or provided documentation that demonstrates to the satisfaction of the attorney general that a violation did not occur, the institution shall be ineligible to participate in the Iowa tuition grant program as of the next academic year beginning thereafter. If either action is carried out by the institution by October 1 of an academic year, eligibility shall be restored as of the next academic year beginning after such action is carried out.