Bill Summary – FastDemocracy

Senate File 478 - Introduced
                                  SENATE FILE 478
                                  BY COMMITTEE ON EDUCATION
                                  (SUCCESSOR TO SSB 1205)
                            A BILL FOR
An Act providing for training, prohibitions, and requirements
  relating to first amendment rights at school districts and
  public postsecondary educational institutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 261H.2, Code 2021, is amended to read as
 follows:
    261H.2 Policy adoption Public institutions of higher
 education —— duties.
    1. The state board of regents and the board of directors of
 each community college shall adopt a policy that includes all
 of the following statements:
    1. a. That the primary function of an institution of higher
 education is the discovery, improvement, transmission, and
 dissemination of knowledge by means of research, teaching,
 discussion, and debate. This statement shall provide that, to
 fulfill this function, the institution must strive to ensure
 the fullest degree of intellectual freedom and free expression
 allowed under the first amendment to the Constitution of the
 United States.
    2. a. b. (1) That it is not the proper role of an
 institution of higher education to shield individuals from
 speech protected by the first amendment to the Constitution of
 the United States, which may include ideas and opinions the
 individual finds unwelcome, disagreeable, or even offensive.
    b. (2) That it is the proper role of an institution of
 higher education to encourage diversity of thoughts, ideas,
 and opinions and to encourage, within the bounds of the
 first amendment to the Constitution of the United States, the
 peaceful, respectful, and safe exercise of first amendment
 rights.
    3. c. That students and faculty have the freedom to
 discuss any problem that presents itself, assemble, and engage
 in spontaneous expressive activity on campus, within the
 bounds of established principles of the first amendment to the
 Constitution of the United States, and subject to reasonable
 time, place, and manner restrictions that are consistent with
 established first amendment principles.
    4. d. That the outdoor areas of campus of an institution
 of higher education are public forums, open on the same terms
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 to any invited speaker subject to reasonable time, place,
 and manner restrictions that are consistent with established
 principles of the first amendment to the Constitution of the
 United States.
    2. Each public institution of higher education shall
 develop materials, programs, and procedures to ensure
 that those persons who are responsible for discipline,
 instruction, or administration of the campus community, or
 who have oversight of student government organizations, or
 distribute activity fee funds, including but not limited
 to administrators, campus police officers, residence life
 officials, faculty, and members of student government
 organizations, understand the policies, regulations, and
 duties of the institution regarding free expression on campus
 consistent with this chapter.
    3. a. Each public institution of higher education shall
 protect the first amendment rights of the institution’s
 students, staff, and faculty and shall establish and publicize
 policies that prohibit institutional restrictions and penalties
 based on protected speech, including political speech, to
 the fullest extent required by the first amendment to the
 Constitution of the United States. A public institution of
 higher education shall not retaliate against a member of the
 campus community who files a complaint for a violation of this
 subsection pursuant to section 261H.5.
    b. If it is determined, after exhaustion of all available
 administrative and judicial appeals, that a faculty member
 knowingly and intentionally restricts the protected speech or
 otherwise penalizes a student in violation of this subsection,
 the faculty member shall be subject to discipline by the
 institution through the normal disciplinary processes of the
 institution, and such discipline may include termination
 depending on the totality of the facts. If the faculty member
 is licensed by the board of educational examiners under chapter
 272, the board of educational examiners shall conduct a hearing
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 pursuant to section 272.13, and the faculty member may be
 subject to disciplinary action by the board.
    Sec. 2. NEW SECTION. 261H.6 Training —— first amendment to
 the Constitution of the United States.
    Each public institution of higher education shall provide
 to each member of the institution’s student government
 organization instruction and training on the first amendment to
 the Constitution of the United States, including descriptions
 of what is or is not protected under the amendment.
    Sec. 3. NEW SECTION. 261H.7 Race and sex stereotyping ——
 training by institution prohibited.
    1. For purposes of this section, unless the context
 otherwise requires:
    a. “Divisive concepts” includes all of the following:
    (1) That one race or sex is inherently superior to another
 race or sex.
    (2) That the state of Iowa is fundamentally racist or
 sexist.
    (3) That an individual, by virtue of the individual’s race
 or sex, is inherently racist, sexist, or oppressive, whether
 consciously or unconsciously.
    (4) That an individual should be discriminated against
 or receive adverse treatment solely or partly because of the
 individual’s race or sex.
    (5) That members of one race or sex cannot and should not
 attempt to treat others without respect to race or sex.
    (6) That an individual’s moral character is necessarily
 determined by the individual’s race or sex.
    (7) That an individual, by virtue of the individual’s race
 or sex, bears responsibility for actions committed in the past
 by other members of the same race or sex.
    (8) That any individual should feel discomfort, guilt,
 anguish, or any other form of psychological distress on account
 of that individual’s race or sex.
    (9) That meritocracy or traits such as a hard work ethic
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 are racist or sexist, or were created by a particular race to
 oppress another race.
    b. “Race or sex stereotyping” includes any of the following:
    (1) Ascribing character traits, values, moral and ethical
 codes, status, or beliefs to a race or sex, or to an individual
 because of the individual’s race or sex.
    (2) Assigning fault, blame, or bias to a race or sex, or
 to members of a race or sex because of their race or sex, or
 claiming that, consciously or unconsciously, and by virtue of
 persons’ race or sex, members of any race are inherently racist
 or are inherently inclined to oppress others, or that members
 of a sex are inherently sexist or inclined to oppress others.
    2. Each public institution of higher education may continue
 training that fosters a workplace and learning environment that
 is respectful of all employees and students. However, the
 president of a public institution of higher education shall
 ensure that any mandatory staff or student training provided
 by an employee of the institution or by a contractor hired by
 the institution does not teach, advocate, act upon, or promote
 divisive concepts. This subsection shall not be construed as
 preventing an employee or contractor who provides mandatory
 training from responding to questions regarding divisive
 concepts raised by participants in the training.
    3. Institution diversity and inclusion efforts shall
 discourage students of the institution from discriminating
 against another for any characteristic protected under
 chapter 216 or the federal Civil Rights Act of 1964, Pub. L.
 No. 88-352, as amended. Each public institution of higher
 education shall prohibit its employees from discriminating
 against students for any characteristic protected under chapter
 216 or the federal Civil Rights Act of 1964, Pub. L. No.
 88-352, as amended.
    4. This section shall not be construed to do any of the
 following:
    a. Inhibit or violate the first amendment rights of students
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 or faculty, or undermine a public institution of higher
 education’s duty to protect to the fullest degree intellectual
 freedom and free expression. The intellectual vitality of
 students and faculty shall not be infringed under this section.
    b. Prevent a public institution of higher education from
 promoting diversity or inclusiveness, provided such efforts are
 consistent with the provisions of this section, chapter 216,
 and other applicable law.
    c. Prohibit discussing divisive concepts as part of a larger
 course of academic instruction.
    d. Create any right or benefit, substantive or procedural,
 enforceable at law or in equity by any party against the state
 of Iowa, its departments, agencies, or entities, its officers,
 employees, or agents, or any other person.
    e. Prohibit a state or federal court or agency of
 competent jurisdiction from ordering a training or remedial
 action containing discussions of divisive concepts as a
 remedial action due to a finding of discrimination, including
 discrimination based on race or sex.
    Sec. 4. NEW SECTION. 261H.8 Student government
 organizations —— student fees —— appeals —— liability.
    1. Each institution of higher education governed by
 the state board of regents shall make a student government
 organization’s access to and authority over any moneys
 disbursed to the student government organization by
 the institution contingent upon the student government
 organization’s compliance with the first amendment to the
 Constitution of the United States and the provisions of this
 chapter.
    2. If, after exhaustion of all administrative or
 judicial appeals, it is determined that a student government
 organization knowingly and intentionally violated the first
 amendment rights of a member of the campus community or that
 an action or decision of a student government organization is
 in violation of this section, the institution shall suspend
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 the student government organization’s authority to manage and
 disburse student fees for a period of one year. During this
 period of suspension, such student fees shall be managed and
 disbursed by the institution.
    Sec. 5. Section 262.9, Code 2021, is amended by adding the
 following new subsection:
    NEW SUBSECTION. 39. Appoint annually from among its
 membership a three-member nonpartisan free speech committee
 that shall receive complaints under section 261H.5 relating
 to the institutions of higher learning governed by the state
 board.
    Sec. 6. Section 272.2, subsection 14, Code 2021, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH. e. The board may deny a license to or
 revoke the license of a person upon the board’s finding by a
 preponderance of evidence that the person discriminated against
 a student in violation of section 261H.2, subsection 3, or
 section 279.73.
    Sec. 7. NEW SECTION. 279.73 Intellectual freedom ——
 protection —— complaints.
    1. The board of directors of each school district shall
 protect the intellectual freedom of the school district’s
 students and practitioners and shall establish and publicize
 policies that protect students and faculty from discrimination
 based on political bias. A person shall not retaliate against
 a person who files a complaint for a violation of this section.
 If the person who files a complaint for a violation of this
 section is an employee of the school district, the provisions
 of section 70A.29 shall apply.
    2. If the board of directors of the school district or
 a court finds that an employee of the school district who
 holds a license, certificate, statement of recognition, or
 authorization issued by the board of educational examiners
 under chapter 272 discriminated against a student in violation
 of this section, the board of educational examiners shall
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 conduct a hearing pursuant to section 272.13, and the
 employee may be subject to disciplinary action by the board of
 educational examiners pursuant to section 272.2, subsection 14.
    Sec. 8. NEW SECTION. 279.74 Race and sex stereotyping ——
 training prohibited.
    1. For purposes of this section, unless the context
 otherwise requires:
    a. “Divisive concepts” means the same as defined in section
 261H.7.
    b. “Race or sex stereotyping” means the same as defined in
 section 261H.7.
    2. Each school district may continue training that fosters
 a workplace and learning environment that is respectful of
 all employees and students. However, the superintendent of
 each school district shall ensure that any mandatory staff or
 student training provided by an employee of the school district
 or by a contractor hired by the school district does not
 teach, advocate, act upon, or promote divisive concepts. This
 subsection shall not be construed as preventing an employee or
 contractor who provides mandatory training from responding to
 questions regarding divisive concepts raised by participants in
 the training.
    3. School district diversity and inclusion efforts shall
 discourage students of the school district from discriminating
 against another for any other characteristic protected under
 chapter 216 or the federal Civil Rights Act of 1964, Pub. L.
 No. 88-352, as amended. Each school district shall prohibit
 its employees from discriminating against students for any
 characteristic protected under chapter 216 or the federal Civil
 Rights Act of 1964, Pub. L. No. 88-352, as amended.
    4. This section shall not be construed to do any of the
 following:
    a. Inhibit or violate the first amendment rights of students
 or faculty, or undermine a school district’s duty to protect to
 the fullest degree intellectual freedom and free expression.
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 The intellectual vitality of students and faculty shall not be
 infringed under this section.
    b. Prevent a school district from promoting diversity or
 inclusiveness, provided such efforts are consistent with the
 provisions of this section, chapter 216, and other applicable
 law.
    c. Prohibit discussing divisive concepts as part of a larger
 course of academic instruction.
    d. Create any right or benefit, substantive or procedural,
 enforceable at law or in equity by any party against the state
 of Iowa, its departments, agencies, or entities, its officers,
 employees, or agents, or any other person.
    e. Prohibit a state or federal court or agency of
 competent jurisdiction from ordering a training or remedial
 action containing discussions of divisive concepts as a
 remedial action due to a finding of discrimination, including
 discrimination based on race or sex.
    Sec. 9. Section 280.22, subsections 4 and 5, Code 2021, are
 amended to read as follows:
    4. Each board of directors of a public school shall adopt
 rules in the form of a written publications code, which shall
 include reasonable provisions for the time, place, and manner
 of conducting such activities within its jurisdiction. The
 code shall incorporate all of the provisions of this section.
 The board shall make the code available to the students and
 their parents.
    5. Student editors of official school publications shall
 assign and edit the news, editorial, and feature content of
 their publications subject to the limitations of this section.
 Journalism advisers of students producing official school
 publications shall supervise the production o