HSB 60 (LSB 1434YC (6) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON HIGHER EDUCATION BILL BY CHAIRPERSON COLLINS)

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 2025, 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 “j” “k”, 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 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  k.  Adopt a policy for compliance with chapter 261K.
    Sec. 3.  Section 256.183, subsection 3, Code 2025, 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 “j” “k”, 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.  261K.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Department” means the department of education.
   2.  “Diversity, equity, and inclusion” means the same as defined in section 261J.1, as enacted by 2024 Iowa Acts, ch. 1152, §31.
   3.  “Diversity, equity, and inclusion office” means the same as defined in section 261J.1, as enacted by 2024 Iowa Acts, ch. 1152, §31.
   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.  261K.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 public institution of higher education’s funding of any of the following:
   a.  Academic course instruction.
   b.  Research or creative works by the public 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.  261K.3  Enforcement.
   1.  Any person may report a private institution of higher education’s potential violation of section 261K.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 261K.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 261K.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. When either action is carried out by the institution, 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 any 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. When either action is carried out by the institution, eligibility shall be restored as of the next academic year beginning after such action is carried out.