SF 2405 (LSB 5429SV (1) 91)

SENATE FILE 2405

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SF 2174)

A BILL FOR

An Act relating to trainings and curricula regarding specific defined concepts provided by public institutions of higher education and school districts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 261H.8, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  The president, vice presidents, deans, department directors, or any other administrator of a public institution of higher education shall ensure that all employees of the public institution of higher education under the supervision of such person, whether directly or indirectly, and all contractors engaged by such person, whether directly or indirectly, to provide staff or student training receive training related to the requirements and prohibitions of this section.
    Sec. 2.  Section 279.74, subsection 2, Code 2026, is amended to read as follows:
   2.  a.  Each school district may continue training that fosters a workplace and learning environment that is respectful of all employees and students. However, the superintendent of each school district, each employee of the school district, each contractor hired by the school district, and each volunteer engaged by the school district shall ensure that any all curriculum or mandatory provided by the employee, contractor, or volunteer; all educational materials provided to students by the employee, contractor, or volunteer; and all staff or student training provided by an the employee, of the school district or by a contractor hired by the school district, or volunteer does not teach, advocate, encourage, promote, or act upon specific stereotyping and scapegoating toward others on the basis of demographic group membership or identity. This subsection paragraph shall not be construed as preventing an employee, or contractor, or volunteer who teaches any curriculum or who provides mandatory training from responding to questions regarding specific defined concepts raised by participants in the training.
   b.  (1)  A school district shall not expend any moneys appropriated by the general assembly or any other moneys derived from bequests, charges, deposits, donations, endowments, fees, grants, gifts, income, receipts, tuition, chapter 257 or 284, or any other source to provide any curriculum, educational materials, or staff or student training, either directly or indirectly, that violates paragraph “a”.
   (2)  A school district shall not use any of the school district’s resources, facilities, or staff or student time to violate paragraph “a” or encourage any person to violate paragraph “a”.
    Sec. 3.  Section 279.74, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  2A.  a.  The superintendent of each school district shall ensure that all of the following individuals receive training related to the requirements and prohibitions of this section:
   (1)  Employees of the school district.
   (2)  Contractors hired by the school district to provide curriculum, educational materials, or staff or student training.
   (3)  Volunteers engaged by the school district to provide curriculum, educational materials, or staff or student training.
   b.  The training related to the requirements and prohibitions of this section must be of the same quality, and must be conducted in the same manner, as other training courses and professional development programs provided to employees of the school district through area education agencies.
   c.  The school district shall track each employee’s, contractor’s, and volunteer’s completion of the training related to the requirements and prohibitions of this section in the same manner that the school district tracks employee completion of other required training courses and professional development programs.
   NEW SUBSECTION.  2B.  a.  Any of the following individuals may bring a civil action for injunctive relief against a school district to prohibit the school district from continuing to violate this section:
   (1)  The parent or guardian of a student who is enrolled in the school district.
   (2)  An employee of the school district.
   (3)  A resident of the school district.
   b.  This subsection shall not be construed to require an individual bringing a civil action under paragraph “a” to demonstrate that the individual was harmed by the school district’s violation of this section.
    Sec. 4.  Section 279.74, subsection 4, paragraph d, Code 2026, is amended to read as follows:
   d.  Create Except as provided in subsection 2B, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the state of Iowa, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to trainings and curricula regarding specific defined concepts provided by public institutions of higher education and school districts.
   Current Code section 279.74(2) requires the superintendent of each school district to ensure that any curriculum or mandatory staff or student training provided by an employee or by a contractor does not teach, advocate, encourage, promote, or act upon specific stereotyping and scapegoating toward others on the basis of demographic group membership or identity. Current Code section 279.74(3) requires school district diversity and inclusion efforts to discourage students from discriminating against another by political ideology or any characteristic protected under federal law or applicable state law. Current Code section 279.74(3) also requires school districts to prohibit employees from discriminating against students or other employees by political ideology or any characteristic protected under federal law or applicable state law.
   The bill modifies Code section 279.74(2) to require the superintendent and each employee, contractor, and volunteer to ensure that all curriculum provided by the employee, contractor, or volunteer; all educational materials provided to students by the employee, contractor, or volunteer; and all staff or student training provided by the employee, contractor, or volunteer does not teach, advocate, encourage, promote, or act upon specific stereotyping and scapegoating toward others on the basis of demographic group membership or identity. The bill also prohibits school districts from expending any moneys to provide any curriculum, educational materials, or staff or student training, either directly or indirectly, that violates these provisions. In addition, the bill prohibits school districts from using any of the school district’s resources, facilities, or staff or student time to violate these provisions.
   The bill authorizes the parent or guardian of a student, school district employees, and residents of a school district to bring a civil action for injunctive relief against a school district to prohibit the school district from continuing to violate Code section 279.74. The bill provides that this provision is prohibited from being construed to require an individual bringing such a civil action to demonstrate that the individual was harmed by the school district’s violation.
   The bill requires the superintendent of each school district to ensure that all school district employees; contractors who provide curriculum, educational materials, or staff or student training; and volunteers who provide curriculum, educational materials, or staff or student training receive training related to the requirements and prohibitions of Code section 279.74. The bill establishes standards and tracking requirements related to such training. The bill also requires the president, vice presidents, deans, department directors, or any other administrator of a public institution of higher education to ensure that all employees of the public institution under the supervision of such person, and all contractors engaged by such person to provide staff or student training, receive training related to the requirements and prohibitions of Code section 261H.8 (training by institution prohibited —— specific defined concepts).