SSB 1205

This bill provides for first amendment rights training, prohibitions, and requirements at or by school districts and public postsecondary educational institutions. Each public institution of higher education must develop materials, programs, and procedures to ensure that those persons who are responsible for discipline, instruction, or administration of the campus community, and who have oversight of student government organizations, or distribute activity fee funds, understand the policies, regulations, and duties of the institution regarding free expression on campus. 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. _____ 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. _____ of race or sex stereotyping or any other form of race or sex scapegoating. The bill defines “race or sex stereotyping” as ascribing character traits, values, moral and ethical codes, privileges, 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 employees and students of the school district or institution from discriminating against another by color, race, ethnicity, sex, or any other characteristic protected under the federal Civil Rights Act of 1964 or applicable state law. Nothing in the provision 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 racial, cultural, or ethnic diversity or inclusiveness; to prohibit discussing divisive concepts as part of a larger course of academic instruction; or 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. 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 two years. 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.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.