Providing for training, prohibitions, and requirements relating to first amendment rights at school districts and public postsecondary educational institutions

Each such public institution of higher education must protect the first amendment rights of its students, staff, and faculty and must establish and publicize policies that prohibit institutional restrictions and penalties based on protected speech. An institution shall not retaliate against a person filing a discrimination complaint. If it is determined that a faculty member knowingly and intentionally restricts the protected speech or otherwise penalizes a student, the faculty member shall be subject to discipline by the institution. The bill establishes similar requirements for school districts. If the faculty member or in the case of a school district, the school employee, is licensed by the board of educational examiners, the faculty member or school employee, as appropriate, may be subject to disciplinary action by the board. If it is determined that a student government organization knowingly and intentionally violated the first amendment rights of a member of the campus community or is in violation of the provisions of the bill, the institution shall suspend the student government organization’s authority to manage and disburse student fees for a period of two years, during which time the student fees shall be managed and disbursed by the institution. Each public institution of higher education must provide to each student and each 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. Each school district and each public institution of higher learning may continue all training that fosters a workplace that is respectful of all employees and students, but the superintendent of the school district or the president of the institution must ensure that any mandatory staff or student training provided by an employee of the school district or the institution or by a contractor hired by the school district or the institution does not teach, advocate, act upon, or promote divisive concepts, which the bill defines to include that one race or sex is inherently superior to another; that Iowa is fundamentally racist or sexist; that an individual, by virtue of the individual’s race or sex, is inherently racist, sexist, or oppressive; that an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; that members of one race or sex cannot and should not attempt to treat others without respect to race or sex; that an individual’s moral character is necessarily determined by his or her race or sex; that an individual bears responsibility for actions committed in the past by other members of the same race or sex; that any individual should feel psychological distress on account of that individual’s race or sex; and that meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. The bill defines “race or sex stereotyping” as 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; 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. Institution diversity and inclusion efforts must discourage students of the school district or institution from discriminating against another for any characteristic protected under Code chapter 216 or the federal Civil Rights Act of 1964. Nothing in the provisions relating to training prohibitions shall be construed to inhibit or violate the first amendment rights of students or faculty or undermine the institution’s or school district’s duty to protect intellectual freedom and free expression; prevent a school district or public postsecondary institution from promoting diversity or inclusiveness; to prohibit discussing divisive concepts as part of a larger course of academic instruction; to 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; or to prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action due to a finding of discrimination, including discrimination based on race or sex. Each regents university shall make student government organization access to and authority over any moneys disbursed to the student government organization by the university contingent upon the student government organization’s compliance with the first amendment to the Constitution of the United States and with Code chapter 261H. If, after the exhaustion of 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 of a student government organization violated the provisions of the bill, the institution shall suspend the student government organization’s authority to manage and disburse student fees for one year. During this period of suspension, such student fees shall be managed and disbursed by the institution.5 relating to the institutions of higher learning governed by the state board.22 provides that public school students have the right to exercise freedom of speech, including the right of expression in official school publications, with exceptions for materials that are obscene, libelous, or slanderous, or encourage students to commit unlawful acts, violate lawful school regulations, or cause the material and substantial disruption of the orderly operation of the school. Prior restraint of permitted materials is prohibited. Expression made by students in the exercise of free speech shall not be deemed to be an expression of school policy, and a public school is not liable for such expression. The bill provides that a public school employee or official shall not be dismissed, suspended, disciplined, reassigned, transferred, subject to termination or nonrenewal of a teaching contract or an extracurricular contract, or otherwise retaliated against for acting to protect a student for engaging in conduct authorized under Iowa law pertaining to freedom of expression of public school students, or refusing to infringe upon student conduct that is protected by such Iowa law, the first amendment to the Constitution of the United States, or Article I, section 7, of the Constitution of the State of Iowa. The bill modifies a requirement that journalism advisers of students producing official school publications supervise the production of the student staff in order to maintain the professional standards.22 shall incorporate all of the provisions of that Code section.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.