House File 802 - Reprinted HOUSE FILE 802 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 258) (As Amended and Passed by the House March 16, 2021 ) A BILL FOR An Act providing for requirements related to racism or sexism 1 trainings at, and diversity and inclusion efforts by, 2 governmental agencies and entities, school districts, and 3 public postsecondary educational institutions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 802 (3) 89 kh/jh/md

H.F. 802 Section 1. NEW SECTION . 25A.1 Race and sex stereotyping —— 1 training prohibited by state and local governments. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Agency” or “state agency” means the same as defined in 5 section 8A.101. 6 b. “Divisive concepts” means the same as defined in section 7 261H.7, subsection 1. 8 c. “Governmental entity” means any unit of government in 9 the executive, legislative, or judicial branch of government; 10 an agency or political subdivision; any unit of another state 11 government, including its political subdivisions; or any 12 association or other organization whose membership consists 13 primarily of one or more of any of the foregoing. 14 d. “Governmental subdivision” means a county or city or 15 combination thereof. 16 e. “Race or sex scapegoating” means the same as defined in 17 section 261H.7, subsection 1. 18 f. “Race or sex stereotyping” means the same as defined in 19 section 261H.7, subsection 1. 20 2. Each agency, governmental entity, or governmental 21 subdivision may continue training that fosters a workplace 22 and learning environment that is respectful of all employees. 23 However, the head of an agency, governmental entity, or 24 governmental subdivision shall ensure that any mandatory staff 25 training provided by an employee of an agency, governmental 26 entity, or governmental subdivision, or by a contractor hired 27 by the agency, governmental entity, or governmental subdivision 28 does not teach, advocate, act upon, or promote divisive 29 concepts. This section shall not be construed as preventing 30 an employee or contractor who provides mandatory training from 31 responding to questions regarding divisive concepts raised by 32 participants in the training. 33 3. Each agency, governmental entity, or governmental 34 subdivision shall prohibit its employees from discriminating 35 -1- HF 802 (3) 89 kh/jh/md 1/ 7

H.F. 802 against other employees by color, race, ethnicity, sex, 1 gender, or any other characteristic protected under the federal 2 Civil Rights Act of 1964, Pub. L. No. 88-352, as amended, and 3 applicable state law. 4 4. This section shall not be construed to do any of the 5 following: 6 a. Prevent an agency, governmental entity, or governmental 7 subdivision from promoting racial, cultural, ethnic, or 8 intellectual diversity or inclusiveness, provided such efforts 9 are consistent with the provisions of this section. 10 b. Create any right or benefit, substantive or procedural, 11 enforceable at law or in equity by any party against the state 12 of Iowa, its departments, agencies, or entities, its officers, 13 employees, or agents, or any other person. 14 c. Prohibit a state or federal court or agency of 15 competent jurisdiction from ordering a training or remedial 16 action containing discussions of divisive concepts as a 17 remedial action due to a finding of discrimination, including 18 discrimination based on race or sex. 19 Sec. 2. NEW SECTION . 261H.7 Race and sex stereotyping —— 20 training by institution prohibited. 21 1. For purposes of this section, unless the context 22 otherwise requires: 23 a. “Divisive concepts” includes all of the following: 24 (1) That one race or sex is inherently superior to another 25 race or sex. 26 (2) That the United States of America and the state of Iowa 27 are fundamentally or systemically racist or sexist. 28 (3) That an individual, by virtue of the individual’s race 29 or sex, is inherently racist, sexist, or oppressive, whether 30 consciously or unconsciously. 31 (4) That an individual should be discriminated against 32 or receive adverse treatment solely or partly because of the 33 individual’s race or sex. 34 (5) That members of one race or sex cannot and should not 35 -2- HF 802 (3) 89 kh/jh/md 2/ 7

H.F. 802 attempt to treat others without respect to race or sex. 1 (6) That an individual’s moral character is necessarily 2 determined by the individual’s race or sex. 3 (7) That an individual, by virtue of the individual’s race 4 or sex, bears responsibility for actions committed in the past 5 by other members of the same race or sex. 6 (8) That any individual should feel discomfort, guilt, 7 anguish, or any other form of psychological distress on account 8 of that individual’s race or sex. 9 (9) That meritocracy or traits such as a hard work ethic 10 are racist or sexist, or were created by a particular race to 11 oppress another race. 12 (10) Any other form of race or sex scapegoating or any other 13 form of race or sex stereotyping. 14 b. “Race or sex scapegoating” means assigning fault, blame, 15 or bias to a race or sex, or to members of a race or sex 16 because of their race or sex, or claiming that, consciously or 17 unconsciously, and by virtue of persons’ race or sex, members 18 of any race are inherently racist or are inherently inclined to 19 oppress others, or that members of a sex are inherently sexist 20 or inclined to oppress others. 21 c. “Race or sex stereotyping” means ascribing character 22 traits, values, moral and ethical codes, privileges, status, 23 or beliefs to a race or sex, or to an individual because of the 24 individual’s race or sex. 25 2. Each public institution of higher education may continue 26 training that fosters a workplace and learning environment that 27 is respectful of all employees and students. However, the 28 president, vice presidents, deans, department directors, or any 29 other administrator of a public institution of higher education 30 shall ensure that any mandatory staff or student training 31 provided by an employee of the institution or by a contractor 32 hired by the institution does not teach, advocate, act upon, 33 or promote divisive concepts. This subsection shall not be 34 construed as preventing an employee or contractor who provides 35 -3- HF 802 (3) 89 kh/jh/md 3/ 7

H.F. 802 mandatory training from responding to questions regarding 1 divisive concepts raised by participants in the training. 2 3. Institution diversity and inclusion efforts shall 3 discourage students of a public institution of higher education 4 from discriminating against another by color, race, ethnicity, 5 sex, gender, political ideology, or any other characteristic 6 protected under the federal Civil Rights Act of 1964, Pub. L. 7 No. 88-352, as amended, and applicable state law. Each public 8 institution of higher education shall prohibit its employees 9 from discriminating against students or employees by color, 10 race, ethnicity, sex, gender, political ideology, or any other 11 characteristic protected under the federal Civil Rights Act of 12 1964, Pub. L. No. 88-352, as amended, and applicable state law. 13 4. This section shall not be construed to do any of the 14 following: 15 a. Inhibit or violate the first amendment rights of students 16 or faculty, or undermine a public institution of higher 17 education’s duty to protect to the fullest degree intellectual 18 freedom and free expression. The intellectual vitality of 19 students and faculty shall not be infringed under this section. 20 b. Prevent a public institution of higher education 21 from promoting racial, cultural, ethnic, intellectual, or 22 academic diversity or inclusiveness, provided such efforts are 23 consistent with the provisions of this section, chapter 216, 24 and other applicable law. 25 c. Prohibit discussing divisive concepts as part of a larger 26 course of academic instruction. 27 d. Create any right or benefit, substantive or procedural, 28 enforceable at law or in equity by any party against the state 29 of Iowa, its departments, agencies, or entities, its officers, 30 employees, or agents, or any other person. 31 e. Prohibit a state or federal court or agency of 32 competent jurisdiction from ordering a training or remedial 33 action containing discussions of divisive concepts as a 34 remedial action due to a finding of discrimination, including 35 -4- HF 802 (3) 89 kh/jh/md 4/ 7

H.F. 802 discrimination based on race or sex. 1 Sec. 3. NEW SECTION . 279.74 Race and sex stereotyping —— 2 training and curriculum prohibited. 3 1. For purposes of this section, unless the context 4 otherwise requires: 5 a. “Divisive concepts” means the same as defined in section 6 261H.7. 7 b. “Race or sex scapegoating” means the same as defined in 8 section 261H.7. 9 c. “Race or sex stereotyping” means the same as defined in 10 section 261H.7. 11 2. Each school district may continue training that fosters 12 a workplace and learning environment that is respectful of 13 all employees and students. However, the superintendent of 14 each school district shall ensure that any curriculum or 15 mandatory staff or student training provided by an employee 16 of the school district or by a contractor hired by the school 17 district does not teach, advocate, act upon, or promote 18 divisive concepts. This subsection shall not be construed as 19 preventing an employee or contractor who teaches any curriculum 20 or who provides mandatory training from responding to questions 21 regarding divisive concepts raised by participants in the 22 training. 23 3. School district diversity and inclusion efforts shall 24 discourage students of the school district from discriminating 25 against another by color, race, ethnicity, sex, gender, 26 political ideology, or any other characteristic protected under 27 the federal Civil Rights Act of 1964, Pub. L. No. 88-352, as 28 amended, and applicable state law. Each school district shall 29 prohibit its employees from discriminating against students or 30 employees by color, race, ethnicity, sex, gender, political 31 ideology, or any other characteristic protected under the 32 federal Civil Rights Act of 1964, Pub. L. No. 88-352, as 33 amended, and applicable state law. 34 4. This section shall not be construed to do any of the 35 -5- HF 802 (3) 89 kh/jh/md 5/ 7

H.F. 802 following: 1 a. Inhibit or violate the first amendment rights of students 2 or faculty, or undermine a school district’s duty to protect to 3 the fullest degree intellectual freedom and free expression. 4 The intellectual vitality of students and faculty shall not be 5 infringed under this section. 6 b. Prevent a school district from promoting racial, 7 cultural, ethnic, intellectual, or academic diversity or 8 inclusiveness, provided such efforts are consistent with the 9 provisions of this section, chapter 216, and other applicable 10 law. 11 c. Prohibit discussing divisive concepts as part of a larger 12 course of academic instruction. 13 d. Create any right or benefit, substantive or procedural, 14 enforceable at law or in equity by any party against the state 15 of Iowa, its departments, agencies, or entities, its officers, 16 employees, or agents, or any other person. 17 e. Prohibit a state or federal court or agency of 18 competent jurisdiction from ordering a training or remedial 19 action containing discussions of divisive concepts as a 20 remedial action due to a finding of discrimination, including 21 discrimination based on race or sex. 22 Sec. 4. Section 280.22, subsections 4 and 5, Code 2021, are 23 amended to read as follows: 24 4. Each board of directors of a public school shall adopt 25 rules in the form of a written publications code, which shall 26 include reasonable provisions for the time, place, and manner 27 of conducting such activities within its jurisdiction. The 28 code shall incorporate all of the provisions of this section. 29 The board shall make the code available to the students and 30 their parents. 31 5. Student editors of official school publications shall 32 assign and edit the news, editorial, and feature content of 33 their publications subject to the limitations of this section . 34 Journalism advisers of students producing official school 35 -6- HF 802 (3) 89 kh/jh/md 6/ 7

H.F. 802 publications shall supervise the production of the student 1 staff , in order to maintain professional standards of English 2 and journalism , and to comply with this section . 3 Sec. 5. Section 280.22, Code 2021, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 6A. A public school employee or official, 6 acting within the scope of the person’s professional ethics, 7 if any, shall not be dismissed, suspended, disciplined, 8 reassigned, transferred, subject to termination or nonrenewal 9 of a teaching contract issued under section 279.13 or an 10 extracurricular contract issued under section 279.19A, or 11 otherwise retaliated against for acting to protect a student 12 for engaging in conduct authorized under this section, or 13 refusing to infringe upon student conduct that is protected by 14 this section, the first amendment to the Constitution of the 15 United States, or Article I, section 7, of the Constitution of 16 the State of Iowa. 17 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 18 3, shall not apply to this Act. 19 -7- HF 802 (3) 89 kh/jh/md 7/ 7