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Senate File 81 - IntroducedA Bill ForAn Act 1relating to racism or sexism trainings at, and
2diversity and inclusion efforts by, governmental agencies
3and entities, school districts, and public postsecondary
4educational institutions, and including civil penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 25A.1, subsection 1, paragraphs d and e,
2Code 2023, are amended by striking the paragraphs.
3 Sec. 2. Section 25A.1, subsection 2, Code 2023, is amended
4to read as follows:
52. Each agency, governmental entity, or governmental
6subdivision may continue training that fosters a workplace
7and learning environment that is respectful of all employees.
8However, the head of an agency, governmental entity, or
9governmental subdivision shall ensure that any mandatory staff
10training and associated materials provided by an employee of an
11agency, governmental entity, or governmental subdivision, or
12by a contractor hired by the agency, governmental entity, or
13governmental subdivision does not teach, advocate, encourage,
14promote, or act upon stereotyping, scapegoating, specific
15defined concepts or prejudice toward others on the basis of
16demographic group membership or identity. This subsection
17shall not be construed as preventing an employee or contractor
18who provides mandatory training from responding to questions
19regarding stereotyping, scapegoating, specific defined concepts
20 or prejudice raised by participants in the training.
21 Sec. 3. Section 25A.1, Code 2023, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 2A. a. An employee of an agency,
24governmental entity, or governmental subdivision alleging a
25violation of subsection 2 by an employee or contractor of the
26agency, governmental entity, or governmental subdivision may
27bring a civil action for injunctive relief against the agency,
28governmental entity, or governmental subdivision to prohibit
29the employee or contractor from continuing such violation.
30b. If an employee is the prevailing party in a civil action
31instituted pursuant to paragraph “a”, the court shall award
32reasonable court costs and attorney fees to the employee.
33 Sec. 4. Section 25A.1, subsection 4, paragraph b, Code 2023,
34is amended to read as follows:
35b. Create Except as provided in subsection 2A, create any
-1-1right or benefit, substantive or procedural, enforceable at
2law or in equity by any party against the state of Iowa, its
3departments, agencies, or entities, its officers, employees,
4or agents, or any other person.
5 Sec. 5. Section 261H.8, subsection 2, Code 2023, is amended
6to read as follows:
72. Each public institution of higher education may continue
8training that fosters a workplace and learning environment that
9is respectful of all employees and students. However, the
10president, vice presidents, deans, department directors, or any
11other administrator of a public institution of higher education
12shall ensure that any mandatory staff or student training and
13associated materials provided by an employee of the institution
14or by a contractor hired by the institution does not teach,
15advocate, act upon, or promote specific defined concepts. This
16subsection shall not be construed as preventing an employee
17or contractor who provides mandatory training from responding
18to questions regarding specific defined concepts raised by
19participants in the training.
20 Sec. 6. Section 261H.8, Code 2023, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 2A. a. An employee or student of a
23public institution of higher education alleging a violation
24of subsection 2 by an employee or contractor of the public
25institution of higher education may bring a civil action
26for injunctive relief against the public institution of
27higher education to prohibit the employee or contractor from
28continuing such violation.
29b. If an employee or student is the prevailing party in a
30civil action instituted pursuant to paragraph “a”, the court
31shall award reasonable court costs and attorney fees to the
32employee or student.
33 Sec. 7. Section 261H.8, subsection 4, paragraph d, Code
342023, is amended to read as follows:
35d. Create Except as provided in subsection 2A, create any
-2-1right or benefit, substantive or procedural, enforceable at
2law or in equity by any party against the state of Iowa, its
3departments, agencies, or entities, its officers, employees,
4or agents, or any other person.
5 Sec. 8. Section 272.2, subsection 14, paragraph b, Code
62023, is amended by adding the following new subparagraph:
7 NEW SUBPARAGRAPH. (6) A court finds that the person has
8violated section 279.74, subsection 2.
9 Sec. 9. Section 279.74, Code 2023, is amended to read as
10follows:
11279.74 Training and curriculum prohibited — specific defined
12concepts.
131. For purposes of this section, unless the context
14otherwise requires:
15a. “Race or sex scapegoating” “Administrator” means the same
16as defined in section 261H.8 272.1.
17b. “Race or sex stereotyping” means the same as defined in
18section 261H.8.
19c. b. “Specific defined concepts” means the same as defined
20in section 261H.8.
21c. “Teacher” means the same as defined in section 272.1.
222. a. Each school district may continue training that
23fosters a workplace and learning environment that is respectful
24of all employees and students. However, the superintendent
25of each school district shall ensure that any curriculum or
26mandatory staff or student training provided by an employee
27of the school district or by a contractor hired by the school
28district does not teach, advocate, encourage, promote, or act
29upon specific stereotyping and scapegoating toward others
30on the basis of demographic group membership or identity
31 contractors hired by the school district and teachers or
32administrators employed by the school district shall not
33provide any curriculum or mandatory staff or student training,
34or associated materials, that teaches, advocates, encourages,
35promotes, or acts upon specific defined concepts. This
-3-1subsection shall not be construed as preventing an employee
2or contractor a contractor, teacher, or administrator who
3teaches any curriculum or who provides mandatory training from
4responding to questions regarding specific defined concepts
5raised by participants in the training.
6b. An administrator employed by a school district shall
7not knowingly allow a contractor hired by the school district
8or a teacher employed by the school district to provide
9any curriculum or mandatory staff or student training, or
10associated materials, that teaches, advocates, encourages,
11promotes, or acts upon specific defined concepts.
123. a. A parent or guardian of a student enrolled in the
13school district who alleges a violation of subsection 2 by
14a contractor, teacher, or administrator may bring a civil
15action for injunctive relief against the school district that
16hired the contractor or employs the teacher or administrator
17to prohibit the contractor, teacher, or administrator from
18continuing such violation.
19b. If a parent or guardian is the prevailing party in a
20civil action instituted pursuant to paragraph “a”, all of the
21following shall apply:
22(1) The court shall award reasonable court costs and
23attorney fees to the parent or guardian.
24(2) The court shall assess a civil penalty against the
25school district that hired the contractor or employs the
26teacher or administrator, in an amount not less than ten
27thousand dollars and not more than fifty thousand dollars.
28Moneys from the civil penalty provided in this subparagraph
29shall be remitted to the treasurer of state for deposit in the
30general fund of the state.
31(3) The clerk of court shall send a copy of the court’s
32order issued pursuant to this subsection to the board of
33educational examiners.
343. 4. School district diversity and inclusion efforts shall
35discourage students of the school district from discriminating
-4-1against another by political ideology or any characteristic
2protected under the federal Civil Rights Act of 1964, Pub.L.
3No.88-352, as amended, and applicable state law. Each school
4district shall prohibit its employees from discriminating
5against students or employees by political ideology or any
6characteristic protected under the federal Civil Rights Act of
71964, Pub.L. No.88-352, as amended, and applicable state law.
84. 5. This section shall not be construed to do any of the
9following:
10a. Inhibit or violate the first amendment rights of students
11or faculty, or undermine a school district’s duty to protect to
12the fullest degree intellectual freedom and free expression.
13The intellectual vitality of students and faculty shall not be
14infringed under this section.
15b. Prevent a school district from promoting racial,
16cultural, ethnic, intellectual, or academic diversity or
17inclusiveness, provided such efforts are consistent with the
18provisions of this section, chapter 216, and other applicable
19law.
20c. Prohibit discussing specific defined concepts as part of
21a larger course of academic instruction.
22d. Create Except as provided in subsection 3, create any
23right or benefit, substantive or procedural, enforceable at
24law or in equity by any party against the state of Iowa, its
25departments, agencies, or entities, its officers, employees,
26or agents, or any other person.
27e. Prohibit a state or federal court or agency of competent
28jurisdiction from ordering a training or remedial action
29containing discussions of specific defined concepts as a
30remedial action due to a finding of discrimination, including
31discrimination based on race or sex.
32f. Prohibit the use of curriculum that teaches the topics
33of sexism, slavery, racial oppression, racial segregation,
34or racial discrimination, including topics relating to the
35enactment and enforcement of laws resulting in sexism, racial
-5-1oppression, segregation, and discrimination.
2 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection
33, shall not apply to this Act.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to racism or sexism trainings at, and
8diversity and inclusion efforts by, governmental agencies
9and entities, school districts, and public postsecondary
10educational institutions.
11Current Code section 279.74 requires the superintendent
12of each school district to ensure that any curriculum or
13mandatory staff or student training provided by an employee
14of the school district or by a contractor hired by the school
15district does not teach, advocate, encourage, promote, or act
16upon specific stereotyping and scapegoating toward others on
17the basis of demographic group membership or identity. The
18bill modifies this provision to prohibit contractors, teachers,
19and administrators from providing any curriculum, or mandatory
20staff or student training, or associated materials, that
21teaches, advocates, encourages, promotes, or acts upon specific
22defined concepts. The bill also prohibits administrators
23from knowingly allowing a contractor or a teacher to provide
24any curriculum or mandatory staff or student training, or
25associated materials, that teaches, advocates, encourages,
26promotes, or acts upon specific defined concepts. The bill
27requires the board of educational examiners (BOEE) to adopt
28rules that require the BOEE to disqualify an applicant for a
29license or to revoke a person’s license if a court finds that a
30person violates these provisions.
31The bill authorizes a parent or guardian of a student
32enrolled in a school district who alleges a violation of
33these provisions to bring a civil action for injunctive
34relief against the school district that hired the contractor
35or employs the teacher or administrator to prohibit the
-6-1contractor, teacher, or administrator from continuing such
2violation. The bill provides that if the parent or guardian
3is the prevailing party in such civil action, the court shall
4award reasonable court costs and attorney fees to the parent or
5guardian, the court shall assess a civil penalty against the
6school district in an amount not less than $10,000 and not more
7than $50,000, and the clerk of court shall send a copy of the
8court’s order to the BOEE. The bill makes conforming changes
9to Code section 279.74.
10Current Code section 25A.1 requires the head of a
11governmental entity to ensure that any mandatory staff training
12provided by an employee of a governmental entity, or by a
13contractor hired by the governmental entity, does not teach,
14advocate, encourage, promote, or act upon stereotyping,
15scapegoating, or prejudice toward others on the basis of
16demographic group membership or identity. The bill modifies
17this provision to require the head of a governmental entity
18to ensure that any mandatory staff training or associated
19materials provided by an employee of a governmental entity,
20or by a contractor hired by the governmental entity, does not
21teach, advocate, encourage, promote, or act upon specific
22defined concepts or prejudice toward others on the basis of
23demographic group membership or identity. The bill authorizes
24an employee of a governmental entity alleging a violation
25of Code section 25A.1 by an employee or contractor of the
26governmental entity to bring a civil action for injunctive
27relief against the governmental entity to prohibit the employee
28or contractor from continuing such violation. The bill
29provides that, if an employee is the prevailing party in the
30civil action, the court shall award the employee reasonable
31court costs and attorney fees. The bill makes conforming
32changes.
33Current Code section 261H.8 requires the president,
34vice presidents, deans, department directors, or any other
35administrator of a public institution of higher education to
-7-1ensure that any mandatory staff or student training provided
2by an employee of the institution or by a contractor hired by
3the institution does not teach, advocate, act upon, or promote
4specific defined concepts. The bill modifies this provision
5to also require such individuals to ensure that any materials
6provided in association with the mandatory staff or student
7training do not teach, advocate, act upon, or promote specific
8defined concepts. The bill authorizes an employee or student
9of an institution alleging a violation of Code section 261H.8
10by an employee or contractor of the institution to bring a
11civil action for injunctive relief against the institution
12to prohibit the employee or contractor from continuing such
13violation. The bill provides that, if an employee or student
14is the prevailing party in the civil action, the court shall
15award the employee or student reasonable court costs and
16attorney fees.
17The bill may include a state mandate as defined in Code
18section 25B.3. The bill makes inapplicable Code section 25B.2,
19subsection 3, which would relieve a political subdivision from
20complying with a state mandate if funding for the cost of
21the state mandate is not provided or specified. Therefore,
22political subdivisions are required to comply with any state
23mandate included in the bill.
-8-jda/jh
2diversity and inclusion efforts by, governmental agencies
3and entities, school districts, and public postsecondary
4educational institutions, and including civil penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 25A.1, subsection 1, paragraphs d and e,
2Code 2023, are amended by striking the paragraphs.
3 Sec. 2. Section 25A.1, subsection 2, Code 2023, is amended
4to read as follows:
52. Each agency, governmental entity, or governmental
6subdivision may continue training that fosters a workplace
7and learning environment that is respectful of all employees.
8However, the head of an agency, governmental entity, or
9governmental subdivision shall ensure that any mandatory staff
10training and associated materials provided by an employee of an
11agency, governmental entity, or governmental subdivision, or
12by a contractor hired by the agency, governmental entity, or
13governmental subdivision does not teach, advocate, encourage,
14promote, or act upon stereotyping, scapegoating, specific
15defined concepts or prejudice toward others on the basis of
16demographic group membership or identity. This subsection
17shall not be construed as preventing an employee or contractor
18who provides mandatory training from responding to questions
19regarding stereotyping, scapegoating, specific defined concepts
20 or prejudice raised by participants in the training.
21 Sec. 3. Section 25A.1, Code 2023, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 2A. a. An employee of an agency,
24governmental entity, or governmental subdivision alleging a
25violation of subsection 2 by an employee or contractor of the
26agency, governmental entity, or governmental subdivision may
27bring a civil action for injunctive relief against the agency,
28governmental entity, or governmental subdivision to prohibit
29the employee or contractor from continuing such violation.
30b. If an employee is the prevailing party in a civil action
31instituted pursuant to paragraph “a”, the court shall award
32reasonable court costs and attorney fees to the employee.
33 Sec. 4. Section 25A.1, subsection 4, paragraph b, Code 2023,
34is amended to read as follows:
35b. Create Except as provided in subsection 2A, create any
-1-1right or benefit, substantive or procedural, enforceable at
2law or in equity by any party against the state of Iowa, its
3departments, agencies, or entities, its officers, employees,
4or agents, or any other person.
5 Sec. 5. Section 261H.8, subsection 2, Code 2023, is amended
6to read as follows:
72. Each public institution of higher education may continue
8training that fosters a workplace and learning environment that
9is respectful of all employees and students. However, the
10president, vice presidents, deans, department directors, or any
11other administrator of a public institution of higher education
12shall ensure that any mandatory staff or student training and
13associated materials provided by an employee of the institution
14or by a contractor hired by the institution does not teach,
15advocate, act upon, or promote specific defined concepts. This
16subsection shall not be construed as preventing an employee
17or contractor who provides mandatory training from responding
18to questions regarding specific defined concepts raised by
19participants in the training.
20 Sec. 6. Section 261H.8, Code 2023, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 2A. a. An employee or student of a
23public institution of higher education alleging a violation
24of subsection 2 by an employee or contractor of the public
25institution of higher education may bring a civil action
26for injunctive relief against the public institution of
27higher education to prohibit the employee or contractor from
28continuing such violation.
29b. If an employee or student is the prevailing party in a
30civil action instituted pursuant to paragraph “a”, the court
31shall award reasonable court costs and attorney fees to the
32employee or student.
33 Sec. 7. Section 261H.8, subsection 4, paragraph d, Code
342023, is amended to read as follows:
35d. Create Except as provided in subsection 2A, create any
-2-1right or benefit, substantive or procedural, enforceable at
2law or in equity by any party against the state of Iowa, its
3departments, agencies, or entities, its officers, employees,
4or agents, or any other person.
5 Sec. 8. Section 272.2, subsection 14, paragraph b, Code
62023, is amended by adding the following new subparagraph:
7 NEW SUBPARAGRAPH. (6) A court finds that the person has
8violated section 279.74, subsection 2.
9 Sec. 9. Section 279.74, Code 2023, is amended to read as
10follows:
11279.74 Training and curriculum prohibited — specific defined
12concepts.
131. For purposes of this section, unless the context
14otherwise requires:
15a. “Race or sex scapegoating” “Administrator” means the same
16as defined in section 261H.8 272.1.
17b. “Race or sex stereotyping” means the same as defined in
18section 261H.8.
19c. b. “Specific defined concepts” means the same as defined
20in section 261H.8.
21c. “Teacher” means the same as defined in section 272.1.
222. a. Each school district may continue training that
23fosters a workplace and learning environment that is respectful
24of all employees and students. However, the superintendent
25of each school district shall ensure that any curriculum or
26mandatory staff or student training provided by an employee
27of the school district or by a contractor hired by the school
28district does not teach, advocate, encourage, promote, or act
29upon specific stereotyping and scapegoating toward others
30on the basis of demographic group membership or identity
31 contractors hired by the school district and teachers or
32administrators employed by the school district shall not
33provide any curriculum or mandatory staff or student training,
34or associated materials, that teaches, advocates, encourages,
35promotes, or acts upon specific defined concepts. This
-3-1subsection shall not be construed as preventing an employee
2or contractor a contractor, teacher, or administrator who
3teaches any curriculum or who provides mandatory training from
4responding to questions regarding specific defined concepts
5raised by participants in the training.
6b. An administrator employed by a school district shall
7not knowingly allow a contractor hired by the school district
8or a teacher employed by the school district to provide
9any curriculum or mandatory staff or student training, or
10associated materials, that teaches, advocates, encourages,
11promotes, or acts upon specific defined concepts.
123. a. A parent or guardian of a student enrolled in the
13school district who alleges a violation of subsection 2 by
14a contractor, teacher, or administrator may bring a civil
15action for injunctive relief against the school district that
16hired the contractor or employs the teacher or administrator
17to prohibit the contractor, teacher, or administrator from
18continuing such violation.
19b. If a parent or guardian is the prevailing party in a
20civil action instituted pursuant to paragraph “a”, all of the
21following shall apply:
22(1) The court shall award reasonable court costs and
23attorney fees to the parent or guardian.
24(2) The court shall assess a civil penalty against the
25school district that hired the contractor or employs the
26teacher or administrator, in an amount not less than ten
27thousand dollars and not more than fifty thousand dollars.
28Moneys from the civil penalty provided in this subparagraph
29shall be remitted to the treasurer of state for deposit in the
30general fund of the state.
31(3) The clerk of court shall send a copy of the court’s
32order issued pursuant to this subsection to the board of
33educational examiners.
343. 4. School district diversity and inclusion efforts shall
35discourage students of the school district from discriminating
-4-1against another by political ideology or any characteristic
2protected under the federal Civil Rights Act of 1964, Pub.L.
3No.88-352, as amended, and applicable state law. Each school
4district shall prohibit its employees from discriminating
5against students or employees by political ideology or any
6characteristic protected under the federal Civil Rights Act of
71964, Pub.L. No.88-352, as amended, and applicable state law.
84. 5. This section shall not be construed to do any of the
9following:
10a. Inhibit or violate the first amendment rights of students
11or faculty, or undermine a school district’s duty to protect to
12the fullest degree intellectual freedom and free expression.
13The intellectual vitality of students and faculty shall not be
14infringed under this section.
15b. Prevent a school district from promoting racial,
16cultural, ethnic, intellectual, or academic diversity or
17inclusiveness, provided such efforts are consistent with the
18provisions of this section, chapter 216, and other applicable
19law.
20c. Prohibit discussing specific defined concepts as part of
21a larger course of academic instruction.
22d. Create Except as provided in subsection 3, create any
23right or benefit, substantive or procedural, enforceable at
24law or in equity by any party against the state of Iowa, its
25departments, agencies, or entities, its officers, employees,
26or agents, or any other person.
27e. Prohibit a state or federal court or agency of competent
28jurisdiction from ordering a training or remedial action
29containing discussions of specific defined concepts as a
30remedial action due to a finding of discrimination, including
31discrimination based on race or sex.
32f. Prohibit the use of curriculum that teaches the topics
33of sexism, slavery, racial oppression, racial segregation,
34or racial discrimination, including topics relating to the
35enactment and enforcement of laws resulting in sexism, racial
-5-1oppression, segregation, and discrimination.
2 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection
33, shall not apply to this Act.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to racism or sexism trainings at, and
8diversity and inclusion efforts by, governmental agencies
9and entities, school districts, and public postsecondary
10educational institutions.
11Current Code section 279.74 requires the superintendent
12of each school district to ensure that any curriculum or
13mandatory staff or student training provided by an employee
14of the school district or by a contractor hired by the school
15district does not teach, advocate, encourage, promote, or act
16upon specific stereotyping and scapegoating toward others on
17the basis of demographic group membership or identity. The
18bill modifies this provision to prohibit contractors, teachers,
19and administrators from providing any curriculum, or mandatory
20staff or student training, or associated materials, that
21teaches, advocates, encourages, promotes, or acts upon specific
22defined concepts. The bill also prohibits administrators
23from knowingly allowing a contractor or a teacher to provide
24any curriculum or mandatory staff or student training, or
25associated materials, that teaches, advocates, encourages,
26promotes, or acts upon specific defined concepts. The bill
27requires the board of educational examiners (BOEE) to adopt
28rules that require the BOEE to disqualify an applicant for a
29license or to revoke a person’s license if a court finds that a
30person violates these provisions.
31The bill authorizes a parent or guardian of a student
32enrolled in a school district who alleges a violation of
33these provisions to bring a civil action for injunctive
34relief against the school district that hired the contractor
35or employs the teacher or administrator to prohibit the
-6-1contractor, teacher, or administrator from continuing such
2violation. The bill provides that if the parent or guardian
3is the prevailing party in such civil action, the court shall
4award reasonable court costs and attorney fees to the parent or
5guardian, the court shall assess a civil penalty against the
6school district in an amount not less than $10,000 and not more
7than $50,000, and the clerk of court shall send a copy of the
8court’s order to the BOEE. The bill makes conforming changes
9to Code section 279.74.
10Current Code section 25A.1 requires the head of a
11governmental entity to ensure that any mandatory staff training
12provided by an employee of a governmental entity, or by a
13contractor hired by the governmental entity, does not teach,
14advocate, encourage, promote, or act upon stereotyping,
15scapegoating, or prejudice toward others on the basis of
16demographic group membership or identity. The bill modifies
17this provision to require the head of a governmental entity
18to ensure that any mandatory staff training or associated
19materials provided by an employee of a governmental entity,
20or by a contractor hired by the governmental entity, does not
21teach, advocate, encourage, promote, or act upon specific
22defined concepts or prejudice toward others on the basis of
23demographic group membership or identity. The bill authorizes
24an employee of a governmental entity alleging a violation
25of Code section 25A.1 by an employee or contractor of the
26governmental entity to bring a civil action for injunctive
27relief against the governmental entity to prohibit the employee
28or contractor from continuing such violation. The bill
29provides that, if an employee is the prevailing party in the
30civil action, the court shall award the employee reasonable
31court costs and attorney fees. The bill makes conforming
32changes.
33Current Code section 261H.8 requires the president,
34vice presidents, deans, department directors, or any other
35administrator of a public institution of higher education to
-7-1ensure that any mandatory staff or student training provided
2by an employee of the institution or by a contractor hired by
3the institution does not teach, advocate, act upon, or promote
4specific defined concepts. The bill modifies this provision
5to also require such individuals to ensure that any materials
6provided in association with the mandatory staff or student
7training do not teach, advocate, act upon, or promote specific
8defined concepts. The bill authorizes an employee or student
9of an institution alleging a violation of Code section 261H.8
10by an employee or contractor of the institution to bring a
11civil action for injunctive relief against the institution
12to prohibit the employee or contractor from continuing such
13violation. The bill provides that, if an employee or student
14is the prevailing party in the civil action, the court shall
15award the employee or student reasonable court costs and
16attorney fees.
17The bill may include a state mandate as defined in Code
18section 25B.3. The bill makes inapplicable Code section 25B.2,
19subsection 3, which would relieve a political subdivision from
20complying with a state mandate if funding for the cost of
21the state mandate is not provided or specified. Therefore,
22political subdivisions are required to comply with any state
23mandate included in the bill.
-8-jda/jh