House File 856 - Introduced HOUSE FILE 856 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 155) A BILL FOR An Act prohibiting state entities from expending moneys to 1 fund diversity, equity, and inclusion offices or to hire 2 individuals to serve as diversity, equity, and inclusion 3 officers, creating a private cause of action, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1573HV (1) 91 sc/ns

H.F. 856 Section 1. NEW SECTION . 19.1 Definitions. 1 As used in this chapter: 2 1. “Diversity, equity, and inclusion” includes any of the 3 following: 4 a. Any effort to manipulate or otherwise influence the 5 composition of the employees 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 20 of the state entity, a particular, widely contested 21 opinion referencing unconscious or implicit bias, 22 cultural appropriation, allyship, transgender ideology, 23 microaggressions, group marginalization, anti-racism, systemic 24 oppression, social justice, intersectionality, neopronouns, 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 state entity 30 that is responsible for creating, developing, designing, 31 implementing, organizing, planning, or promoting policies, 32 programming, training, practices, activities, or procedures 33 related to diversity, equity, and inclusion. “Diversity, 34 equity, and inclusion office” does not include any of the 35 -1- LSB 1573HV (1) 91 sc/ns 1/ 6

H.F. 856 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 state entity’s obligations under Tit. IX of the federal 6 Education Amendments Act of 1972, 20 U.S.C. §1681 et seq., 7 as amended, the federal Americans with Disabilities Act of 8 1990, 42 U.S.C. §12101 et seq., as amended, the federal Age 9 Discrimination in Employment Act of 1967, 29 U.S.C. §621 et 10 seq., as amended, the federal Civil Rights Act of 1964, Pub. 11 L. No. 88-352, as amended, or any other applicable federal or 12 state law or a court order. 13 b. An academic department within a public school that exists 14 primarily for the purpose of offering courses and that does not 15 establish a policy or procedure to which other departments of 16 the public school are subject. 17 c. An office solely engaged in recruitment. 18 d. A registered student organization. 19 e. An office that a state entity is required to maintain 20 pursuant to a contract or agreement with a federal governmental 21 entity. 22 3. “Diversity, equity, and inclusion officer” means an 23 individual who is either employed by a state entity or who 24 is an independent contractor of a state entity and whose 25 duties include coordinating, creating, developing, designing, 26 implementing, organizing, planning, or promoting policies, 27 programming, training, practices, activities, and procedures 28 relating to diversity, equity, and inclusion. “Diversity, 29 equity, and inclusion officer” does not include any of the 30 following: 31 a. Any employee who is a licensed attorney and whose sole 32 job duties related to diversity, equity, and inclusion are to 33 ensure compliance with the state entity’s obligations under 34 Tit. IX of the federal Education Amendments Act of 1972, 20 35 -2- LSB 1573HV (1) 91 sc/ns 2/ 6

H.F. 856 U.S.C. §1681 et seq., as amended, the federal Americans with 1 Disabilities Act of 1990, 42 U.S.C. §12101 et seq., as amended, 2 the federal Age Discrimination in Employment Act of 1967, 29 3 U.S.C. §621 et seq., as amended, the federal Civil Rights 4 Act of 1964, Pub. L. No. 88-352, as amended, or any other 5 applicable federal or state law or a court order. 6 b. Any employee while engaged in teaching, research, or 7 the production of creative works, the dissemination of the 8 employee’s research or creative works, or advising a registered 9 student organization. 10 c. A guest speaker or performer with a short-term 11 engagement. 12 d. Any employee that a state entity is required to employ 13 pursuant to a contract or agreement with a federal governmental 14 entity. 15 4. “Gender identity” means the same as defined in section 16 216.2. 17 5. “Sexual orientation” means the same as defined in section 18 216.2. 19 6. “State entity” means the state, including but not limited 20 to a state agency, department, division, board, commission, 21 institution, or authority; a city; a county; a township; or any 22 other political subdivision or special district in this state 23 as established pursuant to state or local law. 24 Sec. 2. NEW SECTION . 19.2 Restrictions on use of moneys. 25 1. A state entity shall not expend any moneys appropriated 26 by the general assembly or any other moneys derived from 27 bequests, charges, deposits, donations, endowments, fees, 28 grants, gifts, income, receipts, tuition, or any other source 29 to establish, sustain, support, or staff a diversity, equity, 30 and inclusion office, or to contract, employ, engage, or hire 31 an individual to serve as a diversity, equity, and inclusion 32 officer. 33 2. Subsection 1 shall not be construed to cover or affect a 34 state entity’s funding of any of the following: 35 -3- LSB 1573HV (1) 91 sc/ns 3/ 6

H.F. 856 a. Academic course instruction. 1 b. Research or creative works by the state entity’s 2 students, employees, or other research personnel, and the 3 dissemination of such research or creative works. 4 c. Activities of registered student organizations. 5 d. Arrangements for guest speakers and performers with 6 short-term engagements. 7 e. Mental or physical health services provided by licensed 8 professionals. 9 f. Policies, programming, training, practices, activities, 10 or procedures related to diversity, equity, and inclusion that 11 are required pursuant to a contract or agreement with a federal 12 governmental entity. 13 3. Subsection 1 shall not be construed as prohibiting bona 14 fide qualifications based on sex that are reasonably necessary 15 to the normal operation of the state entity. 16 Sec. 3. NEW SECTION . 19.3 Enforcement —— venue. 17 1. Any person may notify the attorney general of a state 18 entity’s potential violation of section 19.2. The attorney 19 general may bring an action against a state entity for a writ 20 of mandamus to compel the state entity to comply with section 21 19.2. 22 2. A student enrolled in a public school, an alumnus of 23 a public school, or an employee of a state entity alleging 24 a violation of section 19.2 may bring a civil action for 25 injunctive relief against the state entity to prohibit the 26 state entity from continuing such violation. 27 3. An action brought under this section may be brought in 28 any of the following: 29 a. The county in which all or a substantial part of the 30 events or omissions giving rise to the action occurred. 31 b. The county in which the principal office of the state 32 entity is located. 33 c. The county in which the claimant resides, if the claimant 34 is an individual and resides in this state. 35 -4- LSB 1573HV (1) 91 sc/ns 4/ 6

H.F. 856 d. The county in which a defendant resides, if the defendant 1 is an individual and resides in this state. 2 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 3 importance, takes effect upon enactment. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill prohibits state entities, defined to include local 8 government entities, from expending moneys to fund diversity, 9 equity, and inclusion offices or to hire individuals to serve 10 as diversity, equity, and inclusion officers. 11 The bill prohibits state entities from expending any 12 moneys appropriated by the general assembly or any other 13 moneys derived from bequests, charges, deposits, donations, 14 endowments, fees, grants, gifts, income, receipts, tuition, 15 or any other source to establish, sustain, support, or staff 16 a diversity, equity, and inclusion office, or to contract, 17 employ, engage, or hire an individual to serve as a diversity, 18 equity, and inclusion officer. The bill provides that this 19 prohibition does not affect a state entity’s funding of 20 academic course instruction, research or creative works, 21 activities of registered student organizations, arrangements 22 for guest speakers and performers with short-term engagements, 23 mental or physical health services provided by licensed 24 professionals, or policies or procedures related to diversity, 25 equity, and inclusion that are required pursuant to a contract 26 with a federal governmental entity. The bill also provides 27 that this prohibition shall not be construed as prohibiting 28 bona fide qualifications based on sex that are reasonably 29 necessary to the normal operation of a state entity. 30 The bill authorizes the attorney general to bring an action 31 against a state entity for a writ of mandamus to compel the 32 state entity to comply with these prohibitions. The bill 33 also authorizes a student or alumnus of a public school, or 34 an employee of a state entity, alleging a violation of the 35 -5- LSB 1573HV (1) 91 sc/ns 5/ 6