House
File
744
-
Reprinted
HOUSE
FILE
744
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
237)
(As
Amended
and
Passed
by
the
House
March
16,
2021
)
A
BILL
FOR
An
Act
providing
for
training,
prohibitions,
and
requirements
1
relating
to
first
amendment
rights
at
school
districts
and
2
public
institutions
of
higher
education.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
HF
744
(2)
89
kh/jh/md
H.F.
744
Section
1.
Section
261H.2,
Code
2021,
is
amended
to
read
as
1
follows:
2
261H.2
Policy
adoption
Public
institutions
of
higher
3
education
——
duties
.
4
1.
The
state
board
of
regents
and
the
board
of
directors
of
5
each
community
college
shall
adopt
a
policy
that
includes
all
6
of
the
following
statements:
7
1.
a.
That
the
primary
function
of
an
institution
of
higher
8
education
is
the
discovery,
improvement,
transmission,
and
9
dissemination
of
knowledge
by
means
of
research,
teaching,
10
discussion,
and
debate.
This
statement
shall
provide
that,
to
11
fulfill
this
function,
the
institution
must
strive
to
ensure
12
the
fullest
degree
of
intellectual
freedom
and
free
expression
13
allowed
under
the
first
amendment
to
the
Constitution
of
the
14
United
States.
15
2.
a.
b.
(1)
That
it
is
not
the
proper
role
of
an
16
institution
of
higher
education
to
shield
individuals
from
17
speech
protected
by
the
first
amendment
to
the
Constitution
of
18
the
United
States,
which
may
include
ideas
and
opinions
the
19
individual
finds
unwelcome,
disagreeable,
or
even
offensive.
20
b.
(2)
That
it
is
the
proper
role
of
an
institution
of
21
higher
education
to
encourage
diversity
of
thoughts,
ideas,
22
and
opinions
and
to
encourage,
within
the
bounds
of
the
23
first
amendment
to
the
Constitution
of
the
United
States,
the
24
peaceful,
respectful,
and
safe
exercise
of
first
amendment
25
rights.
26
3.
c.
That
students
and
faculty
have
the
freedom
to
27
discuss
any
problem
that
presents
itself,
assemble,
and
engage
28
in
spontaneous
expressive
activity
on
campus,
within
the
29
bounds
of
established
principles
of
the
first
amendment
to
the
30
Constitution
of
the
United
States,
and
subject
to
reasonable
31
time,
place,
and
manner
restrictions
that
are
consistent
with
32
established
first
amendment
principles.
33
4.
d.
That
the
outdoor
areas
of
campus
of
an
institution
34
of
higher
education
are
public
forums,
open
on
the
same
terms
35
-1-
HF
744
(2)
89
kh/jh/md
1/
3
H.F.
744
to
any
invited
speaker
subject
to
reasonable
time,
place,
1
and
manner
restrictions
that
are
consistent
with
established
2
principles
of
the
first
amendment
to
the
Constitution
of
the
3
United
States.
4
2.
The
state
board
of
regents
shall
develop
materials,
5
programs,
and
procedures
to
ensure
that
those
persons
who
are
6
responsible
for
discipline,
instruction,
or
administration
7
of
the
campus
community,
or
who
have
oversight
of
student
8
government
organizations,
or
distribute
activity
fee
funds,
9
including
but
not
limited
to
presidents,
vice-presidents,
10
deans,
department
directors,
administrators,
campus
police
11
officers,
residence
life
officials,
faculty,
and
members
of
12
student
government
organizations,
understand
the
policies,
13
regulations,
and
duties
of
the
institution
regarding
free
14
expression
on
campus
consistent
with
this
chapter.
15
3.
a.
Each
public
institution
of
higher
education
shall
16
protect
the
first
amendment
rights
of
the
institution’s
17
students,
staff,
and
faculty
and
shall
establish
and
publicize
18
policies
that
prohibit
institutional
restrictions
and
penalties
19
based
on
protected
speech,
including
political
speech,
to
20
the
fullest
extent
required
by
the
first
amendment
to
the
21
Constitution
of
the
United
States.
A
public
institution
of
22
higher
education
shall
not
retaliate
against
a
member
of
the
23
campus
community
who
files
a
complaint
for
a
violation
of
this
24
subsection
pursuant
to
section
261H.5.
25
b.
If
it
is
determined,
after
exhaustion
of
all
available
26
administrative
and
judicial
appeals,
that
a
faculty
member
27
knowingly
and
intentionally
restricts
the
protected
speech
or
28
otherwise
penalizes
a
student
in
violation
of
this
subsection,
29
the
faculty
member
shall
be
subject
to
discipline
by
the
30
institution
through
the
normal
disciplinary
processes
of
the
31
institution,
and
such
discipline
may
include
termination
32
depending
on
the
totality
of
the
facts.
If
the
faculty
member
33
is
licensed
by
the
board
of
educational
examiners
under
chapter
34
272,
the
board
of
educational
examiners
shall
conduct
a
hearing
35
-2-
HF
744
(2)
89
kh/jh/md
2/
3
H.F.
744
pursuant
to
section
272.13,
and
the
faculty
member
may
be
1
subject
to
disciplinary
action
by
the
board.
2
Sec.
2.
NEW
SECTION
.
261H.6
Training
——
first
amendment
to
3
the
Constitution
of
the
United
States.
4
Each
public
institution
of
higher
education
shall
provide
5
training
on
free
speech
under
the
first
amendment
to
the
6
Constitution
of
the
United
States
to
all
students,
faculty,
and
7
staff
on
an
annual
basis,
which
elected
officials
and
staff
8
shall
be
permitted
to
attend.
9
Sec.
3.
NEW
SECTION
.
279.73
Intellectual
freedom
——
10
protection
——
complaints.
11
1.
The
board
of
directors
of
each
school
district
shall
12
protect
the
intellectual
freedom
of
the
school
district’s
13
students
and
practitioners
and
shall
establish
and
publicize
14
policies
that
protect
students
and
faculty
from
discrimination
15
based
on
speech.
A
person
shall
not
retaliate
against
a
person
16
who
files
a
complaint
for
a
violation
of
this
section.
If
the
17
person
who
files
a
complaint
for
a
violation
of
this
section
is
18
an
employee
of
the
school
district,
the
provisions
of
section
19
70A.29
shall
apply.
20
2.
If
the
board
of
directors
of
the
school
district
or
21
a
court
finds
that
an
employee
of
the
school
district
who
22
holds
a
license,
certificate,
statement
of
recognition,
or
23
authorization
issued
by
the
board
of
educational
examiners
24
under
chapter
272
discriminated
against
a
student
or
employee
25
in
violation
of
this
section,
the
employee
found
to
be
in
26
violation
under
this
section
shall
be
subject
to
a
hearing
27
conducted
by
the
board
of
educational
examiners
pursuant
to
28
section
272.2,
subsection
14,
which
may
result
in
disciplinary
29
action
and
the
employee’s
employment
may
be
terminated.
30
-3-
HF
744
(2)
89
kh/jh/md
3/
3