SF 335 (LSB 1509XS (9) 91)

SENATE FILE 335

BY  SALMON, CAMPBELL, PIKE, ALONS, ROWLEY, and GUTH

A BILL FOR

An Act relating to education, including by modifying provisions related to trainings and curricula provided by school districts and prohibited sexual orientation and gender identity instruction, and implementing prohibitions related to the diversity, equity, and inclusion efforts of institutions of higher learning governed by the state board of regents, community colleges, and public schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.146, subsection 13, paragraph b, Code 2025, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (5)  A court finds that the person has violated section 279.74, subsection 2.
   NEW SUBPARAGRAPH.  (6)  A court finds that the person has violated section 279.80.
   NEW SUBPARAGRAPH.  (7)  A court finds that the person knew of a violation of section 279.87, subsection 2, by a school district but failed to report such violation.
    Sec. 2.  Section 256E.7, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0r.  Be subject to and comply with the requirements of section 279.87 related to prohibitions and requirements related to diversity, equity, and inclusion in the same manner as a school district.
    Sec. 3.  Section 256F.4, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  r.  Be subject to and comply with the requirements of section 279.87 related to prohibitions and requirements related to diversity, equity, and inclusion in the same manner as a school district.
    Sec. 4.  Section 279.74, subsection 1, Code 2025, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0a.  “Administrator” means the same as defined in section 256.145.
   NEW PARAGRAPH.  d.  “Teacher” means the same as defined in section 256.145.
    Sec. 5.  Section 279.74, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  2A.  a.  (1)  A parent or guardian of a student enrolled in the school district, or an employee of the school district, who alleges a violation of subsection 2 by a contractor or teacher may bring a civil action for injunctive relief against the school district that hired the contractor or employs the teacher to prohibit the contractor or teacher from continuing such violation.
   (2)  A parent or guardian of a student enrolled in the school district, or an employee of the school district, who alleges that an administrator knew of a violation of subsection 2 by a contractor or teacher but failed to stop such violation may bring a civil action for injunctive relief against the school district that employs the administrator to require the school district to prohibit the contractor or teacher from continuing such violation.
   b.  If a parent, guardian, or employee is the prevailing party in a civil action instituted pursuant to paragraph “a”, all of the following shall apply:
   (1)  The court shall award reasonable court costs and attorney fees to the parent, guardian, or employee.
   (2)  The court shall assess a fifty thousand dollar civil penalty against the school district that hired the contractor or employs the teacher or administrator. Moneys from the civil penalty provided in this subparagraph shall be remitted to the treasurer of state for deposit in the general fund of the state.
   (3)  The clerk of court shall send a copy of the court’s order issued pursuant to this subsection to the board of educational examiners.
   NEW SUBSECTION.  2B.  If, after investigation, the department of education determines that a teacher has violated subsection 2, or that an administrator knew of a violation of subsection 2 by a contractor or teacher but failed to stop such violation, and no civil action has been instituted under subsection 2A, the teacher or administrator, as applicable, shall be subject to the following:
   a.  (1)  For the teacher’s first violation of subsection 2, the department shall issue a written warning to the teacher.
   (2)  The first time in which the administrator knew of a violation of subsection 2 by a contractor or teacher but failed to stop such violation, the department shall issue a written warning to the administrator.
   b.  (1)  For the teacher’s second or subsequent violation of subsection 2, if the department finds that the teacher knowingly violated subsection 2, the teacher shall be subject to a hearing conducted by the board of educational examiners pursuant to section 256.146, subsection 13, which may result in disciplinary action.
   (2)  The second or subsequent time in which the administrator knew of a violation of subsection 2 by a contractor or teacher but failed to stop such violation, the administrator shall be subject to a hearing conducted by the board of educational examiners pursuant to section 256.146, subsection 13, which may result in disciplinary action.
   NEW SUBSECTION.  2C.  If a parent or guardian of a student enrolled in the school district, or an employee of the school district, is not satisfied with the result of a hearing conducted under subsection 2B, paragraph “b”, the parent, guardian, or employee may do any of the following:
   a.  Report the teacher’s violation of subsection 2, or the administrator’s failure to stop a teacher’s or contractor’s violation of subsection 2, to the state board of education for investigation and potential further enforcement.
   b.  Report the teacher’s violation of subsection 2, or the administrator’s failure to stop a teacher’s or contractor’s violation of subsection 2, to the attorney general for investigation and potential further enforcement.
   c.  Bring a civil action for injunctive relief against the school district that employs the teacher or administrator to prohibit further violations of subsection 2.
   NEW SUBSECTION.  2D.  If a parent or guardian of a student enrolled in the school district, or an employee of the school district, believes that a teacher has violated subsection 2, or that an administrator failed to stop a teacher’s or contractor’s violation of subsection 2, the parent, guardian, or employee may report the teacher’s potential violation or the administrator’s failure to stop a potential violation to the director of the department of education.
    Sec. 6.  Section 279.74, subsection 4, paragraph d, Code 2025, is amended to read as follows:
   d.  Create Except as provided in subsections 3, 4, and 5, 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.
    Sec. 7.  Section 279.80, subsection 1, Code 2025, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0a.  “Administrator” means the same as defined in section 256.145.
   NEW PARAGRAPH.  c.  “Teacher” means the same as defined in section 256.145.
    Sec. 8.  Section 279.80, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  a.  (1)  A parent or guardian of a student enrolled in the school district, or an employee of the school district, who alleges a violation of subsection 2 by a contractor or teacher may bring a civil action for injunctive relief against the school district that hired the contractor or employs the teacher to prohibit the contractor or teacher from continuing such violation.
   (2)  A parent or guardian of a student enrolled in the school district, or an employee of the school district, who alleges that an administrator knew of a violation of subsection 2 by a contractor or teacher but failed to stop such violation may bring a civil action for injunctive relief against the school district that employs the administrator to require the school district to prohibit the contractor or teacher from continuing such violation.
   b.  If a parent, guardian, or employee is the prevailing party in a civil action instituted pursuant to paragraph “a”, all of the following shall apply:
   (1)  The court shall award reasonable court costs and attorney fees to the parent, guardian, or employee.
   (2)  The court shall assess a fifty thousand dollar civil penalty against the school district that hired the contractor or employs the teacher or administrator. Moneys from the civil penalty provided in this subparagraph shall be remitted to the treasurer of state for deposit in the general fund of the state.
   (3)  The clerk of court shall send a copy of the court’s order issued pursuant to this subsection to the board of educational examiners.
   NEW SUBSECTION.  4.  If, after investigation, the department of education determines that a teacher has violated subsection 2, or that an administrator knew of a violation of subsection 2 by a contractor or teacher but failed to stop such violation, and no civil action has been instituted under subsection 3, the teacher or administrator, as applicable, shall be subject to the following:
   a.  (1)  For the teacher’s first violation of subsection 2, the department shall issue a written warning to the teacher.
   (2)  The first time in which the administrator knew of a violation of subsection 2 by a contractor or teacher but failed to stop such violation, the department shall issue a written warning to the administrator.
   b.  (1)  For the teacher’s second or subsequent violation of subsection 2, if the department finds that the teacher knowingly violated subsection 2, the teacher shall be subject to a hearing conducted by the board of educational examiners pursuant to section 256.146, subsection 13, which may result in disciplinary action.
   (2)  The second or subsequent time in which the administrator knew of a violation of subsection 2 by a contractor or teacher but failed to stop such violation, the administrator shall be subject to a hearing conducted by the board of educational examiners pursuant to section 256.146, subsection 13, which may result in disciplinary action.
   NEW SUBSECTION.  5.  If a parent or guardian of a student enrolled in the school district, or an employee of the school district, is not satisfied with the result of a hearing conducted under subsection 4, paragraph “b”, the parent, guardian, or employee may do any of the following:
   a.  Report the teacher’s violation of subsection 2, or the administrator’s failure to stop a teacher’s or contractor’s violation of subsection 2, to the state board of education for investigation and potential further enforcement.
   b.  Report the teacher’s violation of subsection 2, or the administrator’s failure to stop a teacher’s or contractor’s violation of subsection 2, to the attorney general for investigation and potential further enforcement.
   c.  Bring a civil action for injunctive relief against the school district that employs the teacher or administrator to prohibit further violations of subsection 2.
   NEW SUBSECTION.  6.  If a parent or guardian of a student enrolled in the school district, or an employee of the school district, believes that a teacher has violated subsection 2, or that an administrator failed to stop a teacher’s or contractor’s violation of subsection 2, the parent, guardian, or employee may report the teacher’s potential violation or the administrator’s failure to stop a potential violation to the director of the department of education.
    Sec. 9.  NEW SECTION.  279.87  Diversity, equity, and inclusion —— prohibitions.
   1.  For purposes of this section:
   a.  “Administrator” means the same as defined in section 256.145.
   b.  “Diversity, equity, and inclusion” includes all of the following:
   (1)  Any effort to promote differential treatment of or provide special benefits to individuals on the basis of race, color, or ethnicity.
   (2)  Any effort to promote or promulgate policies and procedures designed or implemented with reference to race, color, or ethnicity.
   (3)  Any effort to promote or promulgate trainings, programming, or activities designed or implemented with reference to race, color, ethnicity, gender identity, or sexual orientation.
   (4)  Any effort to promote, as the official position of the school district, a particular, widely contested opinion referencing unconscious or implicit bias, cultural appropriation, allyship, transgender ideology, microaggressions, group marginalization, antiracism, systemic oppression, social justice, intersectionality, neopronouns, heteronormativity, disparate impact, gender theory, racial privilege, sexual privilege, or any related formulation of these concepts.
   c.  “Diversity, equity, and inclusion office” means any division, office, center, or other unit of a school district 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 a registered student organization.
   2.  A school district shall not, except as otherwise provided by federal or state law, do any of the following:
   a.  Establish or maintain a diversity, equity, and inclusion office.
   b.  Hire or assign an employee of the school district, or contract with a third party, to perform the duties of a diversity, equity, or inclusion office.
   3.  a.  A parent or guardian of a student enrolled in the school district, or an employee of the school district, who alleges that an administrator knew of a violation of subsection 2 by a school district but failed to stop such violation may bring a civil action for injunctive relief against the school district that employs the administrator to prohibit the school district from continuing such violation.
   b.  If a parent, guardian, or employee is the prevailing party in a civil action instituted pursuant to paragraph “a”, all of the following shall apply:
   (1)  The court shall award reasonable court costs and attorney fees to the parent, guardian, or employee.
   (2)  The court shall assess a fifty thousand dollar civil penalty against the school district. Moneys from the civil penalty provided in this subparagraph shall be remitted to the treasurer of state for deposit in the general fund of the state.
   (3)  The clerk of court shall send a copy of the court’s order issued pursuant to this subsection to the board of educational examiners.
   4.  If, after investigation, the department of education determines that an administrator knew of a violation of subsection 2 by a school district but failed to stop such violation, and no civil action has been instituted under subsection 3, the administrator shall be subject to the following:
   a.  The first time in which the administrator knew of a violation of subsection 2 by a school district but failed to stop such violation, the department shall issue a written warning to the administrator.
   b.  The second or subsequent time in which the administrator knew of a violation of subsection 2 by a school district but failed to stop such violation, the administrator shall be subject to a hearing conducted by the board of educational examiners pursuant to section 256.146, subsection 13, which may result in disciplinary action.
   5.  If a parent or guardian of a student enrolled in the school district, or an employee of the school district, is not satisfied with the result of a hearing conducted under subsection 4, paragraph “b”, the parent, guardian, or employee may do any of the following:
   a.  Report the administrator’s failure to stop the school district’s violation of subsection 2 to the state board of education for investigation and potential further enforcement.
   b.  Report the administrator’s failure to stop the school district’s violation of subsection 2 to the attorney general for investigation and potential further enforcement.
   c.  Bring a civil action for injunctive relief against the school district that employs the administrator to prohibit further violations of subsection 2.
   6.  If a parent or guardian of a student enrolled in the school district, or an employee of the school district, believes that an administrator failed to stop a school district’s violation of subsection 2, the parent, guardian, or employee may report the administrator’s failure to stop a potential violation to the director of the department of education.
    Sec. 10.  2024 Iowa Acts, chapter 1152, section 31, subsection 3, is amended to read as follows:
   3.  “Public institution of higher education” means an includes all of the following:
   a.  An institution of higher learning governed by the state board of regents.
   b.  A community college established under chapter 260C.
    Sec. 11.  2024 Iowa Acts, chapter 1152, section 35, is amended to read as follows:
   SEC. 35.  NEW SECTION.  261J.5  Enforcement.
   1.  Any person may notify the attorney general of a public institution of higher education’s potential violation of section 261J.2. The attorney general may bring an action against a public institution of higher education for a writ of mandamus to compel the public institution of higher education to comply with section 261J.2.
   2.  a.  A student enrolled in a public institution of higher education, or an employee of a public institution of higher education, who alleges that a public institution of higher education violated section 261J.2 may bring a civil action for injunctive relief against the public institution of higher education to prohibit the public institution of higher education from continuing such violation.
   b.  If a student or employee is the prevailing party in a civil action instituted pursuant to paragraph “a”, all of the following shall apply:
   (1)  The court shall award reasonable court costs and attorney fees to the student or employee.
   (2)  The court shall assess a one hundred thousand dollar civil penalty against the public institution of higher education. Moneys from the civil penalty provided in this subparagraph shall be remitted to the treasurer of state for deposit in the general fund of the state.
   (3)  The public institution of higher education shall immediately terminate the employment of any employee who is responsible for the public institution of higher education’s violation of section 261J.2.
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 education, including by modifying provisions related to trainings and curricula provided by school districts and prohibited sexual orientation and gender identity instruction, and implementing prohibitions related to the diversity, equity, and inclusion efforts of institutions of higher learning governed by the state board of regents, community colleges, and public schools.
   Current Code section 279.74 requires the superintendent of each school district to ensure that any curriculum or mandatory staff or student training provided by an employee of the school district or by a contractor hired by the school district 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 allows the parent or guardian of a student enrolled in the school district, or an employee of the school district, who alleges a violation of Code section 279.74(2) by a contractor or teacher to bring a civil action for injunctive relief against the school district to prohibit the contractor or teacher from continuing such violation. The bill also allows the parent or guardian of a student enrolled in the school district, or an employee of the school district, who alleges that an administrator knew of a violation of Code section 279.74(2) by a contractor or teacher but failed to stop such violation to bring a civil action for injunctive relief against the school district. If a parent, guardian, or employee is the prevailing party in that civil action, the bill requires the court to award reasonable court costs and attorney fees to the parent, guardian, or employee, and to assess a $50,000 civil penalty against the school district. The bill also requires the clerk of court to send a copy of the court’s order to the board of educational examiners (BOEE). The BOEE is required to revoke the license of a teacher or administrator who a court finds violated Code section 279.74(2).
   The bill establishes another enforcement process if no civil action has been instituted by the parent or guardian of a student or an employee of the school district. This enforcement process involves written warnings being issued to the teacher or administrator by the department of education (DE) and hearings conducted before the BOEE. If the parent, guardian, or employee is not satisfied with the result of a hearing conducted before the BOEE, the bill allows the parent, guardian, or employee to report the teacher or administrator to the state board of education or the attorney general for investigation and further enforcement and to bring a civil action for injunctive relief against the school district that employs the teacher or administrator. The bill also allows the parent, guardian, or employee to report potential violations to the director of the department of education.
   Current law prohibits school districts, charter schools, and innovation zone schools from providing any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six. The bill allows the parent or guardian of a student enrolled in the school, or an employee of the school, who alleges a violation of this prohibition by a contractor or teacher to bring a civil action for injunctive relief against the school to prohibit the contractor or teacher from continuing such violation. The bill also allows the parent or guardian of a student enrolled in the school, or an employee of the school, who alleges that an administrator knew of a violation of the prohibition by a contractor or teacher but failed to stop such violation to bring a civil action for injunctive relief against the school district. If a parent, guardian, or employee is the prevailing party in that civil action, the bill requires the court to award reasonable court costs and attorney fees to the parent, guardian, or employee, and to assess a $50,000 civil penalty against the school. The bill also requires the clerk of court to send a copy of the court’s order to the BOEE. The BOEE is required to revoke the license of a teacher or administrator who a court finds violated this prohibition.
   The bill establishes another enforcement process if no civil action has been instituted by the parent or guardian of a student or an employee of the school. This enforcement process involves written warnings being issued to the teacher or administrator by DE and hearings conducted before the BOEE. If the parent, guardian, or employee is not satisfied with the result of a hearing conducted before the BOEE, the bill allows the parent, guardian, or employee to report the teacher or administrator to the state board of education or the attorney general for investigation and further enforcement and to bring a civil action for injunctive relief against the school that employs the teacher or administrator. The bill also allows the parent, guardian, or employee to report potential violations to the director of the department of education.
   The bill prohibits school districts, charter schools, and innovation zone schools from establishing, or expending moneys to establish, sustain, support, or staff, a diversity, equity, and inclusion office, and from hiring or assigning an employee of the school, or contracting with a third party, to perform the duties of a diversity, equity, or inclusion office.
   The bill allows parents or guardians of a student enrolled in the school, or an employee of the school, who alleges that an administrator knew of a violation of the bill’s prohibitions but failed to stop such violation to bring a civil action for injunctive relief against the school. If a parent, guardian, or employee is the prevailing party in that civil action, the bill requires the court to award reasonable court costs and attorney fees to the parent, guardian, or employee, and to assess a $50,000 civil penalty against the school. The bill also requires the clerk of court to send a copy of the court’s order to the BOEE. The BOEE is required to revoke the license of an administrator who a court finds knew of a violation of the bill’s prohibitions but failed to report such violation. The bill establishes another enforcement process if no civil action has been instituted by the parent or guardian of a student or an employee of the school. This enforcement process involves written warnings being issued to the administrator by DE and hearings conducted before the BOEE. If the parent, guardian, or employee is not satisfied with the result of a hearing conducted before the BOEE, the bill allows the parent, guardian, or employee to report the administrator to the state board of education or the attorney general for investigation and further enforcement and to bring a civil action for injunctive relief against the school district that employs the administrator. The bill also allows the parent, guardian, or employee to report potential violations to the director of DE.
   2024 Iowa Acts, chapter 1152, implemented prohibitions related to the establishment of a diversity, equity, and inclusion office at a public institution of higher education governed by the board of regents and the hiring or education to perform the duties of a diversity, equity, or inclusion office, among other prohibitions. To enforce these prohibitions, 2024 Iowa Acts, chapter 1152, allowed any person to notify the attorney general of a public institution of higher education’s potential violation. The attorney general may bring an action against a public institution of higher education for a writ of mandamus to compel the public institution of higher education to comply.
   The bill includes community colleges within the definition of “public institution of higher education” in 2024 Iowa Acts, chapter 1152, so that these restrictions also apply to community colleges. In addition, the bill authorizes a student enrolled in a public institution of higher education, or an employee of a public institution of higher education, who alleges that a public institution of higher education violated the prohibitions in 2024 Iowa Acts, chapter 1152, to bring a civil action for injunctive relief against the public institution of higher education to prohibit the public institution of higher education from continuing such violation. If a student or employee is the prevailing party in the civil action, the bill requires the court to award reasonable court costs and attorney fees to the student or employee, and to assess a $100,000 civil penalty against the public institution of higher education. The bill also requires the public institution of higher education to immediately terminate the employment of any employee who is responsible for the public institution of higher education’s violation of the prohibitions in 2024 Iowa Acts, chapter 1152.