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House File 802 - ReprintedA Bill ForAn Act 1providing for requirements related to racism or sexism
2trainings at, and diversity and inclusion efforts by,
3governmental agencies and entities, school districts, and
4public postsecondary educational institutions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 25A.1 Race and sex stereotyping —
2training prohibited by state and local governments.
31. For purposes of this section, unless the context
4otherwise requires:
5a. “Agency” or “state agency” means the same as defined in
6section 8A.101.
7b. “Divisive concepts” means the same as defined in section
8261H.7, subsection 1.
9c. “Governmental entity” means any unit of government in
10the executive, legislative, or judicial branch of government;
11an agency or political subdivision; any unit of another state
12government, including its political subdivisions; or any
13association or other organization whose membership consists
14primarily of one or more of any of the foregoing.
15d. “Governmental subdivision” means a county or city or
16combination thereof.
17e. “Race or sex scapegoating” means the same as defined in
18section 261H.7, subsection 1.
19f. “Race or sex stereotyping” means the same as defined in
20section 261H.7, subsection 1.
212. Each agency, governmental entity, or governmental
22subdivision may continue training that fosters a workplace
23and learning environment that is respectful of all employees.
24However, the head of an agency, governmental entity, or
25governmental subdivision shall ensure that any mandatory staff
26training provided by an employee of an agency, governmental
27entity, or governmental subdivision, or by a contractor hired
28by the agency, governmental entity, or governmental subdivision
29does not teach, advocate, act upon, or promote divisive
30concepts. This section shall not be construed as preventing
31an employee or contractor who provides mandatory training from
32responding to questions regarding divisive concepts raised by
33participants in the training.
343. Each agency, governmental entity, or governmental
35subdivision shall prohibit its employees from discriminating
-1-1against other employees by color, race, ethnicity, sex,
2gender, or any other characteristic protected under the federal
3Civil Rights Act of 1964, Pub.L. No.88-352, as amended, and
4applicable state law.
54. This section shall not be construed to do any of the
6following:
7a. Prevent an agency, governmental entity, or governmental
8subdivision from promoting racial, cultural, ethnic, or
9intellectual diversity or inclusiveness, provided such efforts
10are consistent with the provisions of this section.
11b. Create any right or benefit, substantive or procedural,
12enforceable at law or in equity by any party against the state
13of Iowa, its departments, agencies, or entities, its officers,
14employees, or agents, or any other person.
15c. Prohibit a state or federal court or agency of
16competent jurisdiction from ordering a training or remedial
17action containing discussions of divisive concepts as a
18remedial action due to a finding of discrimination, including
19discrimination based on race or sex.
20 Sec. 2. NEW SECTION. 261H.7 Race and sex stereotyping —
21training by institution prohibited.
221. For purposes of this section, unless the context
23otherwise requires:
24a. “Divisive concepts” includes all of the following:
25(1) That one race or sex is inherently superior to another
26race or sex.
27(2) That the United States of America and the state of Iowa
28are fundamentally or systemically racist or sexist.
29(3) That an individual, by virtue of the individual’s race
30or sex, is inherently racist, sexist, or oppressive, whether
31consciously or unconsciously.
32(4) That an individual should be discriminated against
33or receive adverse treatment solely or partly because of the
34individual’s race or sex.
35(5) That members of one race or sex cannot and should not
-2-1attempt to treat others without respect to race or sex.
2(6) That an individual’s moral character is necessarily
3determined by the individual’s race or sex.
4(7) That an individual, by virtue of the individual’s race
5or sex, bears responsibility for actions committed in the past
6by other members of the same race or sex.
7(8) That any individual should feel discomfort, guilt,
8anguish, or any other form of psychological distress on account
9of that individual’s race or sex.
10(9) That meritocracy or traits such as a hard work ethic
11are racist or sexist, or were created by a particular race to
12oppress another race.
13(10) Any other form of race or sex scapegoating or any other
14form of race or sex stereotyping.
15b. “Race or sex scapegoating” means assigning fault, blame,
16or bias to a race or sex, or to members of a race or sex
17because of their race or sex, or claiming that, consciously or
18unconsciously, and by virtue of persons’ race or sex, members
19of any race are inherently racist or are inherently inclined to
20oppress others, or that members of a sex are inherently sexist
21or inclined to oppress others.
22c. “Race or sex stereotyping” means ascribing character
23traits, values, moral and ethical codes, privileges, status,
24or beliefs to a race or sex, or to an individual because of the
25individual’s race or sex.
262. Each public institution of higher education may continue
27training that fosters a workplace and learning environment that
28is respectful of all employees and students. However, the
29president, vice presidents, deans, department directors, or any
30other administrator of a public institution of higher education
31shall ensure that any mandatory staff or student training
32provided by an employee of the institution or by a contractor
33hired by the institution does not teach, advocate, act upon,
34or promote divisive concepts. This subsection shall not be
35construed as preventing an employee or contractor who provides
-3-1mandatory training from responding to questions regarding
2divisive concepts raised by participants in the training.
33. Institution diversity and inclusion efforts shall
4discourage students of a public institution of higher education
5from discriminating against another by color, race, ethnicity,
6sex, gender, political ideology, or any other characteristic
7protected under the federal Civil Rights Act of 1964, Pub.L.
8No.88-352, as amended, and applicable state law. Each public
9institution of higher education shall prohibit its employees
10from discriminating against students or employees by color,
11race, ethnicity, sex, gender, political ideology, or any other
12characteristic protected under the federal Civil Rights Act of
131964, Pub.L. No.88-352, as amended, and applicable state law.
144. This section shall not be construed to do any of the
15following:
16a. Inhibit or violate the first amendment rights of students
17or faculty, or undermine a public institution of higher
18education’s duty to protect to the fullest degree intellectual
19freedom and free expression. The intellectual vitality of
20students and faculty shall not be infringed under this section.
21b. Prevent a public institution of higher education
22from promoting racial, cultural, ethnic, intellectual, or
23academic diversity or inclusiveness, provided such efforts are
24consistent with the provisions of this section, chapter 216,
25and other applicable law.
26c. Prohibit discussing divisive concepts as part of a larger
27course of academic instruction.
28d. Create any right or benefit, substantive or procedural,
29enforceable at law or in equity by any party against the state
30of Iowa, its departments, agencies, or entities, its officers,
31employees, or agents, or any other person.
32e. Prohibit a state or federal court or agency of
33competent jurisdiction from ordering a training or remedial
34action containing discussions of divisive concepts as a
35remedial action due to a finding of discrimination, including
-4-1discrimination based on race or sex.
2 Sec. 3. NEW SECTION. 279.74 Race and sex stereotyping —
3training and curriculum prohibited.
41. For purposes of this section, unless the context
5otherwise requires:
6a. “Divisive concepts” means the same as defined in section
7261H.7.
8b. “Race or sex scapegoating” means the same as defined in
9section 261H.7.
10c. “Race or sex stereotyping” means the same as defined in
11section 261H.7.
122. Each school district may continue training that fosters
13a workplace and learning environment that is respectful of
14all employees and students. However, the superintendent of
15each school district shall ensure that any curriculum or
16mandatory staff or student training provided by an employee
17of the school district or by a contractor hired by the school
18district does not teach, advocate, act upon, or promote
19divisive concepts. This subsection shall not be construed as
20preventing an employee or contractor who teaches any curriculum
21or who provides mandatory training from responding to questions
22regarding divisive concepts raised by participants in the
23training.
243. School district diversity and inclusion efforts shall
25discourage students of the school district from discriminating
26against another by color, race, ethnicity, sex, gender,
27political ideology, or any other characteristic protected under
28the federal Civil Rights Act of 1964, Pub.L. No.88-352, as
29amended, and applicable state law. Each school district shall
30prohibit its employees from discriminating against students or
31employees by color, race, ethnicity, sex, gender, political
32ideology, or any other characteristic protected under the
33federal Civil Rights Act of 1964, Pub.L. No.88-352, as
34amended, and applicable state law.
354. This section shall not be construed to do any of the
-5-1following:
2a. Inhibit or violate the first amendment rights of students
3or faculty, or undermine a school district’s duty to protect to
4the fullest degree intellectual freedom and free expression.
5The intellectual vitality of students and faculty shall not be
6infringed under this section.
7b. Prevent a school district from promoting racial,
8cultural, ethnic, intellectual, or academic diversity or
9inclusiveness, provided such efforts are consistent with the
10provisions of this section, chapter 216, and other applicable
11law.
12c. Prohibit discussing divisive concepts as part of a larger
13course of academic instruction.
14d. Create any right or benefit, substantive or procedural,
15enforceable at law or in equity by any party against the state
16of Iowa, its departments, agencies, or entities, its officers,
17employees, or agents, or any other person.
18e. Prohibit a state or federal court or agency of
19competent jurisdiction from ordering a training or remedial
20action containing discussions of divisive concepts as a
21remedial action due to a finding of discrimination, including
22discrimination based on race or sex.
23 Sec. 4. Section 280.22, subsections 4 and 5, Code 2021, are
24amended to read as follows:
254. Each board of directors of a public school shall adopt
26rules in the form of a written publications code, which shall
27include reasonable provisions for the time, place, and manner
28of conducting such activities within its jurisdiction. The
29code shall incorporate all of the provisions of this section.
30 The board shall make the code available to the students and
31their parents.
325. Student editors of official school publications shall
33assign and edit the news, editorial, and feature content of
34their publications subject to the limitations of this section.
35Journalism advisers of students producing official school
-6-1publications shall supervise the production of the student
2staff, in order to maintain professional standards of English
3and journalism, and to comply with this section.
4 Sec. 5. Section 280.22, Code 2021, is amended by adding the
5following new subsection:
6 NEW SUBSECTION. 6A. A public school employee or official,
7acting within the scope of the person’s professional ethics,
8if any, shall not be dismissed, suspended, disciplined,
9reassigned, transferred, subject to termination or nonrenewal
10of a teaching contract issued under section 279.13 or an
11extracurricular contract issued under section 279.19A, or
12otherwise retaliated against for acting to protect a student
13for engaging in conduct authorized under this section, or
14refusing to infringe upon student conduct that is protected by
15this section, the first amendment to the Constitution of the
16United States, or Article I, section 7, of the Constitution of
17the State of Iowa.
18 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection
193, shall not apply to this Act.
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2trainings at, and diversity and inclusion efforts by,
3governmental agencies and entities, school districts, and
4public postsecondary educational institutions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 25A.1 Race and sex stereotyping —
2training prohibited by state and local governments.
31. For purposes of this section, unless the context
4otherwise requires:
5a. “Agency” or “state agency” means the same as defined in
6section 8A.101.
7b. “Divisive concepts” means the same as defined in section
8261H.7, subsection 1.
9c. “Governmental entity” means any unit of government in
10the executive, legislative, or judicial branch of government;
11an agency or political subdivision; any unit of another state
12government, including its political subdivisions; or any
13association or other organization whose membership consists
14primarily of one or more of any of the foregoing.
15d. “Governmental subdivision” means a county or city or
16combination thereof.
17e. “Race or sex scapegoating” means the same as defined in
18section 261H.7, subsection 1.
19f. “Race or sex stereotyping” means the same as defined in
20section 261H.7, subsection 1.
212. Each agency, governmental entity, or governmental
22subdivision may continue training that fosters a workplace
23and learning environment that is respectful of all employees.
24However, the head of an agency, governmental entity, or
25governmental subdivision shall ensure that any mandatory staff
26training provided by an employee of an agency, governmental
27entity, or governmental subdivision, or by a contractor hired
28by the agency, governmental entity, or governmental subdivision
29does not teach, advocate, act upon, or promote divisive
30concepts. This section shall not be construed as preventing
31an employee or contractor who provides mandatory training from
32responding to questions regarding divisive concepts raised by
33participants in the training.
343. Each agency, governmental entity, or governmental
35subdivision shall prohibit its employees from discriminating
-1-1against other employees by color, race, ethnicity, sex,
2gender, or any other characteristic protected under the federal
3Civil Rights Act of 1964, Pub.L. No.88-352, as amended, and
4applicable state law.
54. This section shall not be construed to do any of the
6following:
7a. Prevent an agency, governmental entity, or governmental
8subdivision from promoting racial, cultural, ethnic, or
9intellectual diversity or inclusiveness, provided such efforts
10are consistent with the provisions of this section.
11b. Create any right or benefit, substantive or procedural,
12enforceable at law or in equity by any party against the state
13of Iowa, its departments, agencies, or entities, its officers,
14employees, or agents, or any other person.
15c. Prohibit a state or federal court or agency of
16competent jurisdiction from ordering a training or remedial
17action containing discussions of divisive concepts as a
18remedial action due to a finding of discrimination, including
19discrimination based on race or sex.
20 Sec. 2. NEW SECTION. 261H.7 Race and sex stereotyping —
21training by institution prohibited.
221. For purposes of this section, unless the context
23otherwise requires:
24a. “Divisive concepts” includes all of the following:
25(1) That one race or sex is inherently superior to another
26race or sex.
27(2) That the United States of America and the state of Iowa
28are fundamentally or systemically racist or sexist.
29(3) That an individual, by virtue of the individual’s race
30or sex, is inherently racist, sexist, or oppressive, whether
31consciously or unconsciously.
32(4) That an individual should be discriminated against
33or receive adverse treatment solely or partly because of the
34individual’s race or sex.
35(5) That members of one race or sex cannot and should not
-2-1attempt to treat others without respect to race or sex.
2(6) That an individual’s moral character is necessarily
3determined by the individual’s race or sex.
4(7) That an individual, by virtue of the individual’s race
5or sex, bears responsibility for actions committed in the past
6by other members of the same race or sex.
7(8) That any individual should feel discomfort, guilt,
8anguish, or any other form of psychological distress on account
9of that individual’s race or sex.
10(9) That meritocracy or traits such as a hard work ethic
11are racist or sexist, or were created by a particular race to
12oppress another race.
13(10) Any other form of race or sex scapegoating or any other
14form of race or sex stereotyping.
15b. “Race or sex scapegoating” means assigning fault, blame,
16or bias to a race or sex, or to members of a race or sex
17because of their race or sex, or claiming that, consciously or
18unconsciously, and by virtue of persons’ race or sex, members
19of any race are inherently racist or are inherently inclined to
20oppress others, or that members of a sex are inherently sexist
21or inclined to oppress others.
22c. “Race or sex stereotyping” means ascribing character
23traits, values, moral and ethical codes, privileges, status,
24or beliefs to a race or sex, or to an individual because of the
25individual’s race or sex.
262. Each public institution of higher education may continue
27training that fosters a workplace and learning environment that
28is respectful of all employees and students. However, the
29president, vice presidents, deans, department directors, or any
30other administrator of a public institution of higher education
31shall ensure that any mandatory staff or student training
32provided by an employee of the institution or by a contractor
33hired by the institution does not teach, advocate, act upon,
34or promote divisive concepts. This subsection shall not be
35construed as preventing an employee or contractor who provides
-3-1mandatory training from responding to questions regarding
2divisive concepts raised by participants in the training.
33. Institution diversity and inclusion efforts shall
4discourage students of a public institution of higher education
5from discriminating against another by color, race, ethnicity,
6sex, gender, political ideology, or any other characteristic
7protected under the federal Civil Rights Act of 1964, Pub.L.
8No.88-352, as amended, and applicable state law. Each public
9institution of higher education shall prohibit its employees
10from discriminating against students or employees by color,
11race, ethnicity, sex, gender, political ideology, or any other
12characteristic protected under the federal Civil Rights Act of
131964, Pub.L. No.88-352, as amended, and applicable state law.
144. This section shall not be construed to do any of the
15following:
16a. Inhibit or violate the first amendment rights of students
17or faculty, or undermine a public institution of higher
18education’s duty to protect to the fullest degree intellectual
19freedom and free expression. The intellectual vitality of
20students and faculty shall not be infringed under this section.
21b. Prevent a public institution of higher education
22from promoting racial, cultural, ethnic, intellectual, or
23academic diversity or inclusiveness, provided such efforts are
24consistent with the provisions of this section, chapter 216,
25and other applicable law.
26c. Prohibit discussing divisive concepts as part of a larger
27course of academic instruction.
28d. Create any right or benefit, substantive or procedural,
29enforceable at law or in equity by any party against the state
30of Iowa, its departments, agencies, or entities, its officers,
31employees, or agents, or any other person.
32e. Prohibit a state or federal court or agency of
33competent jurisdiction from ordering a training or remedial
34action containing discussions of divisive concepts as a
35remedial action due to a finding of discrimination, including
-4-1discrimination based on race or sex.
2 Sec. 3. NEW SECTION. 279.74 Race and sex stereotyping —
3training and curriculum prohibited.
41. For purposes of this section, unless the context
5otherwise requires:
6a. “Divisive concepts” means the same as defined in section
7261H.7.
8b. “Race or sex scapegoating” means the same as defined in
9section 261H.7.
10c. “Race or sex stereotyping” means the same as defined in
11section 261H.7.
122. Each school district may continue training that fosters
13a workplace and learning environment that is respectful of
14all employees and students. However, the superintendent of
15each school district shall ensure that any curriculum or
16mandatory staff or student training provided by an employee
17of the school district or by a contractor hired by the school
18district does not teach, advocate, act upon, or promote
19divisive concepts. This subsection shall not be construed as
20preventing an employee or contractor who teaches any curriculum
21or who provides mandatory training from responding to questions
22regarding divisive concepts raised by participants in the
23training.
243. School district diversity and inclusion efforts shall
25discourage students of the school district from discriminating
26against another by color, race, ethnicity, sex, gender,
27political ideology, or any other characteristic protected under
28the federal Civil Rights Act of 1964, Pub.L. No.88-352, as
29amended, and applicable state law. Each school district shall
30prohibit its employees from discriminating against students or
31employees by color, race, ethnicity, sex, gender, political
32ideology, or any other characteristic protected under the
33federal Civil Rights Act of 1964, Pub.L. No.88-352, as
34amended, and applicable state law.
354. This section shall not be construed to do any of the
-5-1following:
2a. Inhibit or violate the first amendment rights of students
3or faculty, or undermine a school district’s duty to protect to
4the fullest degree intellectual freedom and free expression.
5The intellectual vitality of students and faculty shall not be
6infringed under this section.
7b. Prevent a school district from promoting racial,
8cultural, ethnic, intellectual, or academic diversity or
9inclusiveness, provided such efforts are consistent with the
10provisions of this section, chapter 216, and other applicable
11law.
12c. Prohibit discussing divisive concepts as part of a larger
13course of academic instruction.
14d. Create any right or benefit, substantive or procedural,
15enforceable at law or in equity by any party against the state
16of Iowa, its departments, agencies, or entities, its officers,
17employees, or agents, or any other person.
18e. Prohibit a state or federal court or agency of
19competent jurisdiction from ordering a training or remedial
20action containing discussions of divisive concepts as a
21remedial action due to a finding of discrimination, including
22discrimination based on race or sex.
23 Sec. 4. Section 280.22, subsections 4 and 5, Code 2021, are
24amended to read as follows:
254. Each board of directors of a public school shall adopt
26rules in the form of a written publications code, which shall
27include reasonable provisions for the time, place, and manner
28of conducting such activities within its jurisdiction. The
29code shall incorporate all of the provisions of this section.
30 The board shall make the code available to the students and
31their parents.
325. Student editors of official school publications shall
33assign and edit the news, editorial, and feature content of
34their publications subject to the limitations of this section.
35Journalism advisers of students producing official school
-6-1publications shall supervise the production of the student
2staff, in order to maintain professional standards of English
3and journalism, and to comply with this section.
4 Sec. 5. Section 280.22, Code 2021, is amended by adding the
5following new subsection:
6 NEW SUBSECTION. 6A. A public school employee or official,
7acting within the scope of the person’s professional ethics,
8if any, shall not be dismissed, suspended, disciplined,
9reassigned, transferred, subject to termination or nonrenewal
10of a teaching contract issued under section 279.13 or an
11extracurricular contract issued under section 279.19A, or
12otherwise retaliated against for acting to protect a student
13for engaging in conduct authorized under this section, or
14refusing to infringe upon student conduct that is protected by
15this section, the first amendment to the Constitution of the
16United States, or Article I, section 7, of the Constitution of
17the State of Iowa.
18 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection
193, shall not apply to this Act.
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