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House File 2123 - IntroducedA Bill ForAn Act 1relating to state entities, including by modifying
2provisions related to prohibited diversity, equity,
3and inclusion offices and officers and to trainings and
4curricula regarding specific defined concepts provided by
5school districts.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 19.3, Code 2026, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 4. If the attorney general or person
4bringing the civil action under subsection 2 prevails, all of
5the following shall occur:
6a. The state entity shall terminate the employment of the
7person who violated this chapter.
8b. If the supervisor of the person who violated this chapter
9was aware of the violations of this chapter and failed to take
10actions intended to prevent the violations, the state entity
11shall terminate the employment of the supervisor.
12c. If the position of the person whose employment is
13terminated under paragraph “a” or “b” required a license,
14certificate, authorization, or statement of recognition, the
15person’s license, certificate, authorization, or statement of
16recognition shall be revoked by the entity that originally
17issued the license, certificate, authorization, or statement
18of recognition.
19d. (1) If the total budget of the state entity that
20employed the person in the last fiscal year that the person
21committed the conduct that violated this chapter was less
22than one hundred million dollars, that state entity shall pay
23a civil penalty of fifty thousand dollars, which shall be
24deposited in the general fund of the state.
25(2) If the total budget of the state entity that employed
26the person in the last fiscal year that the person committed
27the conduct that violated this chapter was equal to or more
28than one hundred million dollars, that state entity shall pay a
29civil penalty of one hundred thousand dollars, which shall be
30deposited in the general fund of the state.
31 Sec. 2. Section 256.146, subsection 13, paragraph b, Code
322026, is amended by adding the following new subparagraph:
33 NEW SUBPARAGRAPH. (5) The applicant’s or person’s
34employment was terminated pursuant to section 19.3, subsection
354, or section 279.74A, subsection 4.
-1-1 Sec. 3. NEW SECTION. 272C.10A Mandatory revocation.
2A licensing board shall revoke a license if the licensee’s
3employment was terminated pursuant to section 19.3, subsection
44.
5 Sec. 4. Section 279.74, subsection 4, paragraph d, Code
62026, is amended to read as follows:
7d. Create Except as provided in section 279.74A, create
8 any right or benefit, substantive or procedural, enforceable
9at law or in equity by any party against the state of Iowa, its
10departments, agencies, or entities, its officers, employees,
11or agents, or any other person.
12 Sec. 5. NEW SECTION. 279.74A Training and curriculum
13prohibited — specific defined concepts — enforcement.
141. Any person may notify the attorney general of a school
15district’s potential violation of section 279.74. The attorney
16general may bring an action against a school district for a
17writ of mandamus to compel the school district to comply with
18section 279.74.
192. A student enrolled in a school district, an alumnus of a
20school district, or an employee of a school district alleging
21a violation of section 279.74 may bring a civil action for
22injunctive relief against the school district to prohibit the
23school district from continuing such violation.
243. An action brought under this section may be brought in
25any of the following:
26a. The county in which all or a substantial part of the
27events or omissions giving rise to the action occurred.
28b. The county in which the central administrative office of
29the school district is located.
30c. The county in which the claimant resides, if the claimant
31is an individual and resides in this state.
32d. The county in which a defendant resides, if the defendant
33is an individual and resides in this state.
344. If the attorney general or person bringing the civil
35action under subsection 2 prevails, all of the following shall
-2-1occur:
2a. The school district shall terminate the employment of the
3person who violated this chapter.
4b. If the supervisor of the person who violated this chapter
5was aware of the violations of this chapter and failed to take
6actions intended to prevent the violations, the school district
7shall terminate the employment of the supervisor.
8c. If the position of the person whose employment is
9terminated under paragraph “a” or “b” required a license,
10certificate, authorization, or statement of recognition, the
11person’s license, certificate, authorization, or statement of
12recognition shall be revoked by the entity that originally
13issued the license, certificate, authorization, or statement
14of recognition.
15d. (1) If the total budget of the school district that
16employed the person in the last fiscal year that the person
17committed the conduct that violated section 279.74 was less
18than one hundred million dollars, the school district shall
19pay a civil penalty of fifty thousand dollars, which shall be
20deposited in the general fund of the state.
21(2) If the total budget of the school district that employed
22the person in the last fiscal year that the person committed
23the conduct that violated section 279.74 was equal to or more
24than one hundred million dollars, the school district shall pay
25a civil penalty of one hundred thousand dollars, which shall be
26deposited in the general fund of the state.
27 Sec. 6. NEW SECTION. 602.3203A Mandatory revocation.
28The board shall revoke a certification if the person’s
29employment was terminated pursuant to section 19.3, subsection
304.
31 Sec. 7. NEW SECTION. 602.10122A Mandatory revocation.
32The supreme court shall revoke the license of an attorney
33to practice law in this state if the attorney’s employment was
34terminated pursuant to section 19.3, subsection 4.
35EXPLANATION
-3-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill relates to state entities, including by modifying
4provisions related to prohibited diversity, equity, and
5inclusion offices and officers and to trainings and curricula
6regarding specific defined concepts by school districts.
7Current Code section 19.2 prohibits state entities from
8expending any moneys appropriated by the general assembly, or
9any other moneys, to establish, sustain, support, or staff
10a diversity, equity, and inclusion office, or to contract,
11employ, engage, or hire an individual to serve as a diversity,
12equity, and inclusion officer. Current Code section 19.3
13authorizes the attorney general to bring an action against
14a state entity for a writ of mandamus to compel the state
15entity to comply with these prohibitions. Current Code section
1619.3 authorizes a student or alumnus of a public school, or
17an employee of a state entity, alleging a violation of the
18bill’s provisions to bring a civil action for injunctive relief
19against the state entity to prohibit the state entity from
20continuing such violation.
21The bill modifies Code section 19.3 to provide that if the
22attorney general or other person bringing an action under
23Code section 19.3 is the prevailing party, the state entity
24is required to terminate the employment of the person who
25committed the violation. The bill also provides that if the
26supervisor of the person who committed the violation was aware
27of the violation and failed to take actions intended to prevent
28the violation, then the state entity is required to terminate
29the employment of the supervisor as well. Additionally, if
30the position of the person whose employment was terminated
31required a license, certificate, authorization, or statement of
32recognition, the person’s license, certificate, authorization,
33or statement of recognition shall be revoked by the entity that
34originally issued the license, certificate, authorization,
35or statement of recognition. If the attorney general or
-4-1other person bringing an action under Code section 19.3 is
2the prevailing party, the bill establishes levels of civil
3penalties to be imposed upon the state entity that are based on
4the amount of the state entity’s total budget.
5Current Code section 279.74(2) requires the superintendent
6of each school district to ensure that any curriculum or
7mandatory staff or student training provided by an employee
8of the school district or by a contractor hired by the school
9district does not teach, advocate, encourage, promote, or act
10upon specific stereotyping and scapegoating toward others on
11the basis of demographic group membership or identity. Current
12Code section 279.74(3) requires school district diversity and
13inclusion efforts to discourage students from discriminating
14against another by political ideology or any characteristic
15protected under federal law or applicable state law. Current
16Code section 279.74(3) also requires school districts to
17prohibit employees from discriminating against students or
18other employees by political ideology or any characteristic
19protected under federal law or applicable state law.
20The bill authorizes the attorney general to bring an action
21against a school district for a writ of mandamus to compel the
22school district to comply with Code section 279.74. The bill
23also authorizes a student or alumnus of a school district, or
24an employee of a school district, alleging a violation of the
25bill’s provisions to bring a civil action for injunctive relief
26against the school district to prohibit the school district
27from continuing such violation. The bill establishes the
28venue in which such actions may be brought. If the attorney
29general or other person is the prevailing party, the school
30district is required to terminate the employment of the person
31who committed the violation. The bill also provides that if
32the supervisor of the person who committed the violation was
33aware of the violation and failed to take actions intended to
34prevent the violation, then the school district is required
35to terminate the employment of the supervisor as well.
-5-1Additionally, if the position of the person whose employment
2was terminated required a license, certificate, authorization,
3or statement of recognition, the person’s license, certificate,
4authorization, or statement of recognition shall be revoked by
5the entity that originally issued the license, certificate,
6authorization, or statement of recognition, which includes the
7board of educational examiners. If the attorney general or
8other person bringing an action is the prevailing party, the
9bill establishes levels of civil penalties to be imposed upon
10the school district that are based on the amount of the school
11district’s total budget.
12The bill makes conforming changes.
-6-jda/jh
2provisions related to prohibited diversity, equity,
3and inclusion offices and officers and to trainings and
4curricula regarding specific defined concepts provided by
5school districts.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 19.3, Code 2026, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 4. If the attorney general or person
4bringing the civil action under subsection 2 prevails, all of
5the following shall occur:
6a. The state entity shall terminate the employment of the
7person who violated this chapter.
8b. If the supervisor of the person who violated this chapter
9was aware of the violations of this chapter and failed to take
10actions intended to prevent the violations, the state entity
11shall terminate the employment of the supervisor.
12c. If the position of the person whose employment is
13terminated under paragraph “a” or “b” required a license,
14certificate, authorization, or statement of recognition, the
15person’s license, certificate, authorization, or statement of
16recognition shall be revoked by the entity that originally
17issued the license, certificate, authorization, or statement
18of recognition.
19d. (1) If the total budget of the state entity that
20employed the person in the last fiscal year that the person
21committed the conduct that violated this chapter was less
22than one hundred million dollars, that state entity shall pay
23a civil penalty of fifty thousand dollars, which shall be
24deposited in the general fund of the state.
25(2) If the total budget of the state entity that employed
26the person in the last fiscal year that the person committed
27the conduct that violated this chapter was equal to or more
28than one hundred million dollars, that state entity shall pay a
29civil penalty of one hundred thousand dollars, which shall be
30deposited in the general fund of the state.
31 Sec. 2. Section 256.146, subsection 13, paragraph b, Code
322026, is amended by adding the following new subparagraph:
33 NEW SUBPARAGRAPH. (5) The applicant’s or person’s
34employment was terminated pursuant to section 19.3, subsection
354, or section 279.74A, subsection 4.
-1-1 Sec. 3. NEW SECTION. 272C.10A Mandatory revocation.
2A licensing board shall revoke a license if the licensee’s
3employment was terminated pursuant to section 19.3, subsection
44.
5 Sec. 4. Section 279.74, subsection 4, paragraph d, Code
62026, is amended to read as follows:
7d. Create Except as provided in section 279.74A, create
8 any right or benefit, substantive or procedural, enforceable
9at law or in equity by any party against the state of Iowa, its
10departments, agencies, or entities, its officers, employees,
11or agents, or any other person.
12 Sec. 5. NEW SECTION. 279.74A Training and curriculum
13prohibited — specific defined concepts — enforcement.
141. Any person may notify the attorney general of a school
15district’s potential violation of section 279.74. The attorney
16general may bring an action against a school district for a
17writ of mandamus to compel the school district to comply with
18section 279.74.
192. A student enrolled in a school district, an alumnus of a
20school district, or an employee of a school district alleging
21a violation of section 279.74 may bring a civil action for
22injunctive relief against the school district to prohibit the
23school district from continuing such violation.
243. An action brought under this section may be brought in
25any of the following:
26a. The county in which all or a substantial part of the
27events or omissions giving rise to the action occurred.
28b. The county in which the central administrative office of
29the school district is located.
30c. The county in which the claimant resides, if the claimant
31is an individual and resides in this state.
32d. The county in which a defendant resides, if the defendant
33is an individual and resides in this state.
344. If the attorney general or person bringing the civil
35action under subsection 2 prevails, all of the following shall
-2-1occur:
2a. The school district shall terminate the employment of the
3person who violated this chapter.
4b. If the supervisor of the person who violated this chapter
5was aware of the violations of this chapter and failed to take
6actions intended to prevent the violations, the school district
7shall terminate the employment of the supervisor.
8c. If the position of the person whose employment is
9terminated under paragraph “a” or “b” required a license,
10certificate, authorization, or statement of recognition, the
11person’s license, certificate, authorization, or statement of
12recognition shall be revoked by the entity that originally
13issued the license, certificate, authorization, or statement
14of recognition.
15d. (1) If the total budget of the school district that
16employed the person in the last fiscal year that the person
17committed the conduct that violated section 279.74 was less
18than one hundred million dollars, the school district shall
19pay a civil penalty of fifty thousand dollars, which shall be
20deposited in the general fund of the state.
21(2) If the total budget of the school district that employed
22the person in the last fiscal year that the person committed
23the conduct that violated section 279.74 was equal to or more
24than one hundred million dollars, the school district shall pay
25a civil penalty of one hundred thousand dollars, which shall be
26deposited in the general fund of the state.
27 Sec. 6. NEW SECTION. 602.3203A Mandatory revocation.
28The board shall revoke a certification if the person’s
29employment was terminated pursuant to section 19.3, subsection
304.
31 Sec. 7. NEW SECTION. 602.10122A Mandatory revocation.
32The supreme court shall revoke the license of an attorney
33to practice law in this state if the attorney’s employment was
34terminated pursuant to section 19.3, subsection 4.
35EXPLANATION
-3-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill relates to state entities, including by modifying
4provisions related to prohibited diversity, equity, and
5inclusion offices and officers and to trainings and curricula
6regarding specific defined concepts by school districts.
7Current Code section 19.2 prohibits state entities from
8expending any moneys appropriated by the general assembly, or
9any other moneys, to establish, sustain, support, or staff
10a diversity, equity, and inclusion office, or to contract,
11employ, engage, or hire an individual to serve as a diversity,
12equity, and inclusion officer. Current Code section 19.3
13authorizes the attorney general to bring an action against
14a state entity for a writ of mandamus to compel the state
15entity to comply with these prohibitions. Current Code section
1619.3 authorizes a student or alumnus of a public school, or
17an employee of a state entity, alleging a violation of the
18bill’s provisions to bring a civil action for injunctive relief
19against the state entity to prohibit the state entity from
20continuing such violation.
21The bill modifies Code section 19.3 to provide that if the
22attorney general or other person bringing an action under
23Code section 19.3 is the prevailing party, the state entity
24is required to terminate the employment of the person who
25committed the violation. The bill also provides that if the
26supervisor of the person who committed the violation was aware
27of the violation and failed to take actions intended to prevent
28the violation, then the state entity is required to terminate
29the employment of the supervisor as well. Additionally, if
30the position of the person whose employment was terminated
31required a license, certificate, authorization, or statement of
32recognition, the person’s license, certificate, authorization,
33or statement of recognition shall be revoked by the entity that
34originally issued the license, certificate, authorization,
35or statement of recognition. If the attorney general or
-4-1other person bringing an action under Code section 19.3 is
2the prevailing party, the bill establishes levels of civil
3penalties to be imposed upon the state entity that are based on
4the amount of the state entity’s total budget.
5Current Code section 279.74(2) requires the superintendent
6of each school district to ensure that any curriculum or
7mandatory staff or student training provided by an employee
8of the school district or by a contractor hired by the school
9district does not teach, advocate, encourage, promote, or act
10upon specific stereotyping and scapegoating toward others on
11the basis of demographic group membership or identity. Current
12Code section 279.74(3) requires school district diversity and
13inclusion efforts to discourage students from discriminating
14against another by political ideology or any characteristic
15protected under federal law or applicable state law. Current
16Code section 279.74(3) also requires school districts to
17prohibit employees from discriminating against students or
18other employees by political ideology or any characteristic
19protected under federal law or applicable state law.
20The bill authorizes the attorney general to bring an action
21against a school district for a writ of mandamus to compel the
22school district to comply with Code section 279.74. The bill
23also authorizes a student or alumnus of a school district, or
24an employee of a school district, alleging a violation of the
25bill’s provisions to bring a civil action for injunctive relief
26against the school district to prohibit the school district
27from continuing such violation. The bill establishes the
28venue in which such actions may be brought. If the attorney
29general or other person is the prevailing party, the school
30district is required to terminate the employment of the person
31who committed the violation. The bill also provides that if
32the supervisor of the person who committed the violation was
33aware of the violation and failed to take actions intended to
34prevent the violation, then the school district is required
35to terminate the employment of the supervisor as well.
-5-1Additionally, if the position of the person whose employment
2was terminated required a license, certificate, authorization,
3or statement of recognition, the person’s license, certificate,
4authorization, or statement of recognition shall be revoked by
5the entity that originally issued the license, certificate,
6authorization, or statement of recognition, which includes the
7board of educational examiners. If the attorney general or
8other person bringing an action is the prevailing party, the
9bill establishes levels of civil penalties to be imposed upon
10the school district that are based on the amount of the school
11district’s total budget.
12The bill makes conforming changes.
-6-jda/jh