Senate File 2062 - Introduced SENATE FILE 2062 BY SALMON A BILL FOR An Act relating to education, including by modifying provisions 1 related to the protected speech and expression rights of 2 students enrolled in school districts, charter schools, and 3 innovation zone schools and the duties of the department of 4 education, and providing civil penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5287XS (2) 91 jda/jh

S.F. 2062 Section 1. Section 256.9, Code 2026, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 80. a. Annually distribute, both 3 electronically and by regular mail, the most recent version of 4 the United States department of education’s guidance related to 5 constitutionally protected prayer and religious expression in 6 public elementary and secondary schools to all of the following 7 individuals: 8 (1) Each member of the board of directors of each school 9 district. 10 (2) Each member of the governing board of each charter 11 school established pursuant to chapter 256E. 12 (3) Each superintendent employed by each school district. 13 (4) Each principal employed by each school district. 14 (5) Each principal employed by each charter school 15 established pursuant to chapter 256E. 16 (6) Each principal employed by each charter school or 17 innovation zone school established pursuant to chapter 256F. 18 (7) Each teacher employed by each school district. 19 (8) Each teacher employed by each charter school 20 established pursuant to chapter 256E. 21 (9) Each teacher employed by each charter school or 22 innovation zone school established pursuant to chapter 256F. 23 b. Publish on the department’s internet site a link to 24 the most recent version of the United States department of 25 education’s guidance related to constitutionally protected 26 prayer and religious expression in public elementary and 27 secondary schools. 28 c. Develop and distribute to school districts, charter 29 schools established pursuant to chapter 256E, and charter 30 schools and innovation zone schools established pursuant to 31 chapter 256F a professional development training program 32 regarding constitutionally protected prayer and religious 33 expression in public elementary and secondary schools. 34 NEW SUBSECTION . 81. Develop and distribute to school 35 -1- LSB 5287XS (2) 91 jda/jh 1/ 8

S.F. 2062 districts, charter schools established pursuant to chapter 1 256E, and charter schools and innovation zone schools 2 established pursuant to chapter 256F a model policy that, if 3 adopted by a school district, charter school, or innovation 4 zone school, would satisfy the school district’s, charter 5 school’s, or innovation zone school’s responsibilities under 6 section 279.89, subsection 4, paragraph “c” , relating to 7 the adoption of policies to ensure compliance with federal 8 religious expression standards. 9 Sec. 2. Section 256E.7, subsection 2, Code 2026, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . 0s. Be subject to and comply with the 12 requirements of section 279.89 relating to protected speech or 13 expression in the same manner as a school district. 14 Sec. 3. Section 256F.4, subsection 2, Code 2026, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . 0q. Be subject to and comply with the 17 requirements of section 279.89 relating to protected speech or 18 expression in the same manner as a school district. 19 Sec. 4. NEW SECTION . 279.89 Protected speech and expression 20 —— prohibitions —— enforcement. 21 1. A school district shall not discriminate against or 22 penalize a student enrolled in the school district for doing 23 any of the following: 24 a. Engaging in religious, political, or ideological speech 25 in the same time, place, and manner, and to the same extent, 26 that other similarly situated students are authorized to engage 27 in speech at school. 28 b. Expressing a religious, political, or ideological 29 viewpoint in the same time, place, and manner, and to the same 30 extent, that other similarly situated students are authorized 31 to express views at school. 32 2. A school district shall allow a student who is enrolled 33 in the school district to engage in protected speech or 34 expression at school, which includes but is not limited to all 35 -2- LSB 5287XS (2) 91 jda/jh 2/ 8

S.F. 2062 of the following activities: 1 a. Expressing a religious, political, or ideological 2 viewpoint on the topic or subject of discussion or study during 3 class. 4 b. Expressing religious, political, or ideological 5 viewpoints in a homework assignment, artwork, presentation, or 6 other written or oral assignments, without being discriminated 7 against or the imposition of an academic penalty based on the 8 religious, political, or ideological content of the student’s 9 expressions; provided, however, that a school district shall 10 assess a student’s written and oral assignments using ordinary 11 academic standards of substance and relevance and other 12 legitimate pedagogical concerns identified by the school 13 district. 14 c. Organizing religious, political, or ideological 15 gatherings or clubs before, during, or after school to the same 16 extent, and with the same access to school facilities, as the 17 school district grants to other student-initiated gatherings 18 and clubs. 19 d. Wearing clothing, accessories, and jewelry that display 20 religious, political, or ideological messages or symbols in the 21 same manner, and to the same extent, as the school district 22 permits other students to wear clothing, accessories, and 23 jewelry that display messages and symbols. 24 3. A school district shall not discriminate against a club 25 organized by a student enrolled in the school district because 26 of any of the following: 27 a. The religious, political, or ideological viewpoints 28 expressed by the club. 29 b. The religious, political, or ideological viewpoints 30 expressed by students who are members of the club. 31 c. Any requirement that the leaders or members of the club 32 affirm or adhere to any particular beliefs, comply with the 33 club’s standards of conduct, or further the club’s mission or 34 purpose, as defined by the club. 35 -3- LSB 5287XS (2) 91 jda/jh 3/ 8

S.F. 2062 4. Each school district shall do all of the following: 1 a. Annually notify each employee of the school district of 2 the availability of the United States department of education’s 3 guidance related to constitutionally protected prayer and 4 religious expression in public elementary and secondary 5 schools. 6 b. Offer professional development opportunities to each 7 employee of the school district regarding constitutionally 8 protected prayer and religious expression in public elementary 9 and secondary schools to ensure understanding and compliance. 10 c. (1) Adopt a policy that ensures the school district 11 complies with federal religious expression standards. 12 (2) Annually certify to the department of education that the 13 school district is in compliance with the policy described in 14 subparagraph (1). 15 5. a. Any individual or club organized by a student 16 alleging a violation of subsection 1, 2, 3, or 4 by a school 17 district may bring a civil action for declaratory relief, 18 injunctive relief, monetary damages, reasonable attorney fees, 19 court costs, and any other appropriate relief against the 20 school district. 21 b. A court shall assess a civil penalty of not less than 22 five thousand dollars against a school district that fails 23 to comply with subsection 1, 2, 3, or 4, in addition to any 24 monetary damages awarded pursuant to paragraph “a” . The 25 civil penalty is payable to the prevailing individual or club 26 organized by a student. 27 c. Any individual or club organized by a student aggrieved 28 by a school district’s violation of subsection 1, 2, 3, or 29 4 may assert such violation as a defense or counterclaim in 30 any disciplinary action, civil proceeding, or administrative 31 proceeding that is brought against the individual or club. 32 d. This subsection shall not be construed to limit any other 33 remedies available to any individual or club organized by a 34 student alleging a violation of subsection 1, 2, 3, or 4 by a 35 -4- LSB 5287XS (2) 91 jda/jh 4/ 8

S.F. 2062 school district. 1 e. A civil action brought under this subsection is barred 2 unless the action is commenced not later than two years 3 after the day the cause of action accrues. For purposes 4 of calculating this limitations period, each day that the 5 violation persists, including each day that a policy in 6 violation of subsection 4, paragraph “c” , remains in effect, 7 shall constitute a new day that the cause of action has 8 accrued. 9 6. a. This section constitutes a waiver of any sovereign 10 immunity provided to school districts under the eleventh 11 amendment to the Constitution of the United States. 12 b. A school district that violates subsection 1, 2, 3, or 13 4 is not immune from suit or liability for such violation and 14 consents to suit in federal court for any actions arising under 15 this section. 16 7. This section shall not be construed to prevent a school 17 district from prohibiting, limiting, or restricting any of the 18 following: 19 a. Expression that is not protected under the first 20 amendment to the Constitution of the United States, including 21 true threats, obscenity, and expression that is directed to 22 provoke imminent lawless actions and likely to produce such 23 actions. 24 b. Expression that is unwelcome, and so severe, pervasive, 25 and subjectively and objectively offensive, that the 26 expression effectively denies a student access to educational 27 opportunities or benefits provided by the school district. 28 c. Conduct that intentionally, materially, and substantially 29 disrupts any of the following: 30 (1) The operations of the school district. 31 (2) The expressive activity of another individual if that 32 activity is occurring on school district property in an area 33 reserved for that activity under the exclusive use or control 34 of a particular student, group of students, or a club organized 35 -5- LSB 5287XS (2) 91 jda/jh 5/ 8

S.F. 2062 by a student. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to education, including by modifying 5 provisions related to the protected speech and expression 6 rights of students enrolled in school districts, charter 7 schools, and innovation zone schools (schools) and the duties 8 of the department of education (DE). 9 The bill prohibits schools from discriminating against or 10 penalizing a student for engaging in religious, political, or 11 ideological speech, or expressing a religious, political, or 12 ideological viewpoint, in the same time, place, and manner, and 13 to the same extent, that other similarly situated students are 14 authorized to engage in speech or express views at school. 15 The bill requires schools to allow students to express a 16 religious, political, or ideological viewpoint on the topic or 17 subject of discussion or study during class; express religious, 18 political, or ideological viewpoints in school work without 19 being discriminated against or the imposition of an academic 20 penalty based on the content of the student’s expressions; 21 organize religious, political, or ideological gatherings or 22 clubs; and wear clothing, accessories, and jewelry that display 23 religious, political, or ideological messages or symbols in 24 the same manner, and to the same extent, as the school permits 25 other students. 26 The bill prohibits schools from discriminating against 27 a club organized by a student because of the religious, 28 political, or ideological viewpoints expressed by the club; 29 the religious, political, or ideological viewpoints expressed 30 by students who are members of the club; or any requirement 31 that the leaders or members of the club affirm or adhere to 32 any particular beliefs, comply with the club’s standards of 33 conduct, or further the club’s mission or purpose. 34 The bill requires the director of DE to annually distribute 35 -6- LSB 5287XS (2) 91 jda/jh 6/ 8

S.F. 2062 the most recent version of the United States department of 1 education’s guidance related to constitutionally protected 2 prayer and religious expression in public elementary and 3 secondary schools to members of the boards of directors of 4 school districts, members of the governing boards of charter 5 schools, superintendents employed by school districts, 6 principals employed by school districts, charter schools, 7 or innovation zone schools, and teachers employed by school 8 districts, charter schools, or innovation zone schools. 9 The director is also required to publish on DE’s internet 10 site a link to the most recent version of the guidance. In 11 addition, the director is required to develop and distribute to 12 schools a professional development training program regarding 13 constitutionally protected prayer and religious expression 14 in schools. Schools are required to annually notify each 15 employee of the guidance, and to offer professional development 16 opportunities to each employee regarding constitutionally 17 protected prayer and religious expression in schools. Schools 18 are also required to adopt a policy that ensures the school 19 complies with federal religious expression standards and 20 annually certify to DE that the school is in compliance with 21 such policy. The director of DE is required to develop and 22 distribute to schools a model policy that, if adopted by the 23 school, would satisfy the school’s responsibilities relating to 24 the adoption of policies that ensure compliance with federal 25 religious expression standards. 26 The bill authorizes any individual or club organized by 27 a student alleging a violation of the bill’s provisions by 28 a school to bring a civil action for declaratory relief, 29 injunctive relief, monetary damages, reasonable attorney 30 fees, court costs, and any other appropriate relief. A 31 court is required to assess a civil penalty of not less than 32 $5,000 against a school that fails to comply with the bill’s 33 provisions. The civil penalty is payable to the prevailing 34 individual or club organized by a student. The bill authorizes 35 -7- LSB 5287XS (2) 91 jda/jh 7/ 8

S.F. 2062 an individual or club organized by a student aggrieved by a 1 school’s violation of the bill’s provisions to assert such 2 violation as a defense or counterclaim in any disciplinary 3 action, civil proceeding, or administrative proceeding that is 4 brought against the individual or club. The bill provides that 5 a civil action brought under this subsection is barred unless 6 the action is commenced not later than two years after the day 7 the cause of action accrues. 8 The bill constitutes a waiver of any sovereign immunity 9 provided to schools under the Constitution of the United 10 States. A school that violates the bill’s provisions is not 11 immune from suit or liability for such violation and consents 12 to suit in federal court for any actions arising under the 13 bill’s provisions. 14 The bill is not to be construed to prevent a school from 15 prohibiting, limiting, or restricting expression that is 16 not protected under the Constitution of the United States; 17 expression that is unwelcome and that denies a student access 18 to educational opportunities or benefits provided by the 19 school; or conduct that disrupts school operations or the 20 expressive activity of another individual if that activity 21 is occurring on school property in an area reserved for that 22 activity under the exclusive use or control of a particular 23 student, group of students, or a club organized by a student. 24 -8- LSB 5287XS (2) 91 jda/jh 8/ 8