Bill Text: IA HSB218 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act prohibiting institutions of higher learning governed by the state board of regents from expending moneys to fund diversity, equity, and inclusion offices or to hire individuals to serve as diversity, equity, and inclusion officers, creating a private cause of action, and including effective date provisions.(See HF 616.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-03 - Committee report approving bill, renumbered as HF 616. [HSB218 Detail]
Download: Iowa-2023-HSB218-Introduced.html
House
Study
Bill
218
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
WHEELER)
A
BILL
FOR
An
Act
prohibiting
institutions
of
higher
learning
governed
1
by
the
state
board
of
regents
from
expending
moneys
to
2
fund
diversity,
equity,
and
inclusion
offices
or
to
hire
3
individuals
to
serve
as
diversity,
equity,
and
inclusion
4
officers,
creating
a
private
cause
of
action,
and
including
5
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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Section
1.
NEW
SECTION
.
261J.1
Definitions.
1
As
used
in
this
chapter:
2
1.
“Diversity,
equity,
and
inclusion”
includes
all
of
the
3
following:
4
a.
Any
effort
to
manipulate
or
otherwise
influence
the
5
composition
of
the
faculty
or
student
body
with
reference
to
6
race,
sex,
color,
or
ethnicity,
apart
from
ensuring
colorblind
7
and
sex-neutral
admissions
and
hiring
in
accordance
with
state
8
and
federal
anti-discrimination
laws.
9
b.
Any
effort
to
promote
differential
treatment
of
or
10
provide
special
benefits
to
individuals
on
the
basis
of
race,
11
color,
or
ethnicity.
12
c.
Any
effort
to
promote
or
promulgate
policies
and
13
procedures
designed
or
implemented
with
reference
to
race,
14
color,
or
ethnicity.
15
d.
Any
effort
to
promote
or
promulgate
trainings,
16
programming,
or
activities
designed
or
implemented
with
17
reference
to
race,
color,
ethnicity,
gender
identity,
or
sexual
18
orientation.
19
e.
Any
effort
to
promote,
as
the
official
position
of
20
the
public
institution
of
higher
education,
a
particular,
21
widely
contested
opinion
referencing
unconscious
or
implicit
22
bias,
cultural
appropriation,
allyship,
transgender
ideology,
23
microaggressions,
group
marginalization,
anti-racism,
systemic
24
oppression,
social
justice,
intersectionality,
neo-pronouns,
25
heteronormativity,
disparate
impact,
gender
theory,
racial
26
privilege,
sexual
privilege,
or
any
related
formulation
of
27
these
concepts.
28
2.
“Diversity,
equity,
and
inclusion
office”
means
any
29
division,
office,
center,
or
other
unit
of
a
public
institution
30
of
higher
education
that
is
responsible
for
creating,
31
developing,
designing,
implementing,
organizing,
planning,
32
or
promoting
policies,
programming,
training,
practices,
33
activities,
or
procedures
related
to
diversity,
equity,
and
34
inclusion.
“Diversity,
equity,
and
inclusion
office”
does
not
35
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include
any
of
the
following:
1
a.
An
office
staffed
exclusively
by
licensed
attorneys
and
2
paralegal
and
secretarial
support
for
the
licensed
attorneys,
3
and
certified
by
the
attorney
general
as
operating
with
the
4
sole
and
exclusive
mission
of
ensuring
legal
compliance
with
5
the
public
institution
of
higher
education’s
obligations
under
6
Tit.
IX
of
the
federal
Education
Amendments
Act
of
1972,
20
7
U.S.C.
§1681
et
seq.,
as
amended,
the
federal
Americans
with
8
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
seq.,
as
amended,
9
the
federal
Age
Discrimination
in
Employment
Act
of
1967,
29
10
U.S.C.
§621
et
seq.,
as
amended,
the
federal
Civil
Rights
11
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
or
any
other
12
applicable
federal
or
state
law
or
a
court
order.
13
b.
An
academic
department
within
a
public
institution
of
14
higher
education
that
exists
primarily
for
the
purpose
of
15
offering
courses
for
degree
credit
and
that
does
not
establish
16
a
policy
or
procedures
to
which
other
departments
of
the
public
17
institution
of
higher
education
are
subject.
18
c.
An
office
solely
engaged
in
new
student
recruitment.
19
d.
A
registered
student
organization.
20
3.
“Diversity,
equity,
and
inclusion
officer”
means
an
21
individual
who
is
either
employed
by
a
public
institution
of
22
higher
education
or
who
is
an
independent
contractor
of
a
23
public
institution
of
higher
education
and
whose
duties
include
24
coordinating,
creating,
developing,
designing,
implementing,
25
organizing,
planning,
or
promoting
policies,
programming,
26
training,
practices,
activities,
and
procedures
relating
to
27
diversity,
equity,
and
inclusion.
“Diversity,
equity,
and
28
inclusion
officer”
does
not
include
any
of
the
following:
29
a.
Any
employee
who
is
a
licensed
attorney
and
whose
sole
30
job
duties
related
to
diversity,
equity,
and
inclusion
are
31
to
ensure
compliance
with
the
public
institution
of
higher
32
education’s
obligations
under
Tit.
IX
of
the
federal
Education
33
Amendments
Act
of
1972,
20
U.S.C.
§1681
et
seq.,
as
amended,
34
the
federal
Americans
with
Disabilities
Act
of
1990,
42
U.S.C.
35
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§12101
et
seq.,
as
amended,
the
federal
Age
Discrimination
in
1
Employment
Act
of
1967,
29
U.S.C.
§621
et
seq.,
as
amended,
2
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
3
amended,
or
any
other
applicable
federal
or
state
law
or
a
4
court
order.
5
b.
Any
faculty
member
while
engaged
in
teaching,
research,
6
or
the
production
of
creative
works,
the
dissemination
of
the
7
faculty
member’s
research
or
creative
works,
or
advising
a
8
registered
student
organization.
9
c.
A
guest
speaker
or
performer
with
a
short-term
10
engagement.
11
4.
“Gender
identity”
means
the
same
as
defined
in
section
12
216.2.
13
5.
“Public
institution
of
higher
education”
means
an
14
institution
of
higher
learning
governed
by
the
state
board
of
15
regents.
16
6.
“Sexual
orientation”
means
the
same
as
defined
in
section
17
216.2.
18
Sec.
2.
NEW
SECTION
.
261J.2
Restrictions
on
use
of
moneys.
19
1.
A
public
institution
of
higher
education
shall
not
expend
20
any
moneys
appropriated
by
the
general
assembly
or
any
other
21
moneys
derived
from
bequests,
charges,
deposits,
donations,
22
endowments,
fees,
grants,
gifts,
income,
receipts,
tuition,
23
or
any
other
source
to
establish,
sustain,
support,
or
staff
24
a
diversity,
equity,
and
inclusion
office,
or
to
contract,
25
employ,
engage,
or
hire
an
individual
to
serve
as
a
diversity,
26
equity,
and
inclusion
officer.
27
2.
Subsection
1
shall
not
be
construed
to
cover
or
affect
a
28
public
institution
of
higher
education’s
funding
of
any
of
the
29
following:
30
a.
Academic
course
instruction.
31
b.
Research
or
creative
works
by
the
public
institution
32
of
higher
education’s
students,
faculty,
or
other
research
33
personnel,
and
the
dissemination
of
such
research
or
creative
34
works.
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c.
Activities
of
registered
student
organizations.
1
d.
Arrangements
for
guest
speakers
and
performers
with
2
short-term
engagements.
3
e.
Mental
or
physical
health
services
provided
by
licensed
4
professionals.
5
3.
Subsection
1
shall
not
be
construed
as
prohibiting
bona
6
fide
qualifications
based
on
sex
that
are
reasonably
necessary
7
to
the
normal
operation
of
public
higher
education.
8
4.
a.
A
public
institution
of
higher
education
shall
not
9
expend
any
moneys
appropriated
by
the
general
assembly
for
10
a
fiscal
year
beginning
on
or
after
July
1,
2023,
until
the
11
public
institution
of
higher
education
files
with
the
state
12
board
of
regents
a
report
that
discloses
all
of
the
following:
13
(1)
The
steps
taken
by
the
public
institution
of
higher
14
education
and
its
staff,
administration,
and
faculty
to
comply
15
with
subsection
1.
16
(2)
The
amount
and
job
titles
of
the
individuals
deemed
17
to
be
required
by
the
public
institution
of
higher
education
18
to
comply
with
Tit.
IX
of
the
federal
Education
Amendments
19
Act
of
1972,
20
U.S.C.
§1681
et
seq.,
as
amended,
the
federal
20
Americans
with
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
21
seq.,
as
amended,
the
federal
Age
Discrimination
in
Employment
22
Act
of
1967,
29
U.S.C.
§621
et
seq.,
as
amended,
the
federal
23
Civil
Rights
Act
of
1964,
Pub.
L.
No.
88-352,
as
amended,
or
24
any
other
applicable
federal
or
state
law
or
a
court
order.
25
b.
The
report
described
in
paragraph
“a”
shall
certify
that
26
the
public
institution
of
higher
education
is
fully
compliant
27
with
subsection
1.
28
c.
The
public
institution
of
higher
education
shall
publish
29
the
report
described
in
paragraph
“a”
on
the
public
institution
30
of
higher
education’s
internet
page.
31
Sec.
3.
NEW
SECTION
.
261J.3
Enforcement
——
venue.
32
1.
Any
person
may
notify
the
attorney
general
of
a
public
33
institution
of
higher
education’s
potential
violation
of
34
section
261J.2.
The
attorney
general
may
bring
an
action
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against
a
public
institution
of
higher
education
for
a
writ
of
1
mandamus
to
compel
the
public
institution
of
higher
education
2
to
comply
with
section
261J.2.
3
2.
A
student
enrolled
in
a
public
institution
of
higher
4
education,
a
faculty
member
of
a
public
institution
of
higher
5
education,
or
an
alumnus
of
a
public
institution
of
higher
6
education
alleging
a
violation
of
section
261J.2
may
bring
7
a
civil
action
for
injunctive
relief
against
the
public
8
institution
of
higher
education
to
prohibit
the
public
9
institution
of
higher
education
from
continuing
such
violation.
10
3.
An
action
brought
under
this
section
may
be
brought
in
11
any
of
the
following:
12
a.
The
county
in
which
all
or
a
substantial
part
of
the
13
events
or
omissions
giving
rise
to
the
action
occurred.
14
b.
The
county
in
which
the
principal
office
of
the
public
15
institution
of
higher
education
is
located.
16
c.
The
county
in
which
the
claimant
resides,
if
the
claimant
17
is
an
individual
and
resides
in
this
state.
18
d.
The
county
in
which
a
defendant
resides,
if
the
defendant
19
is
an
individual
and
resides
in
this
state.
20
Sec.
4.
FY
2022-2023
APPROPRIATIONS
——
REALLOCATION.
21
Public
institutions
of
higher
education
shall
reallocate
all
22
unexpended
moneys
appropriated
by
the
general
assembly
in
FY
23
2022-2023
that
would
have
been
expended
on
diversity,
equity,
24
and
inclusion
offices
or
diversity,
equity,
and
inclusion
25
officers
on
or
after
the
effective
date
of
this
Act
to
merit
26
scholarships
for
lower-income
and
middle-income
students
and
to
27
reduce
tuition
and
mandatory
fees
for
resident
students.
28
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
29
importance,
takes
effect
upon
enactment.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
prohibits
institutions
of
higher
learning
governed
34
by
the
state
board
of
regents
(public
institutions
of
higher
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education)
from
expending
moneys
to
fund
diversity,
equity,
and
1
inclusion
offices
or
to
hire
individuals
to
serve
as
diversity,
2
equity,
and
inclusion
officers.
3
The
bill
prohibits
public
institutions
of
higher
education
4
from
expending
any
moneys
appropriated
by
the
general
assembly
5
or
any
other
moneys
derived
from
bequests,
charges,
deposits,
6
donations,
endowments,
fees,
grants,
gifts,
income,
receipts,
7
tuition,
or
any
other
source
to
establish,
sustain,
support,
8
or
staff
a
diversity,
equity,
and
inclusion
office,
or
to
9
contract,
employ,
engage,
or
hire
an
individual
to
serve
as
a
10
diversity,
equity,
and
inclusion
officer.
The
bill
provides
11
that
this
prohibition
does
not
affect
a
public
institution
of
12
higher
education’s
funding
of
academic
course
instruction,
13
research
or
creative
works,
activities
of
registered
student
14
organizations,
arrangements
for
guest
speakers
and
performers
15
with
short-term
engagements,
or
mental
or
physical
health
16
services
provided
by
licensed
professionals.
The
bill
also
17
provides
that
this
prohibition
shall
not
be
construed
as
18
prohibiting
bona
fide
qualifications
based
on
sex
that
are
19
reasonably
necessary
to
the
normal
operation
of
public
higher
20
education.
21
The
bill
prohibits
public
institutions
of
higher
education
22
from
expending
any
moneys
appropriated
by
the
general
assembly
23
for
a
fiscal
year
beginning
on
or
after
July
1,
2023,
until
24
the
public
institution
of
higher
education
files
with
the
25
state
board
of
regents
a
report
that
details
the
institution’s
26
compliance
with
the
bill’s
provisions.
27
The
bill
authorizes
the
attorney
general
to
bring
an
action
28
against
a
public
institution
of
higher
education
for
a
writ
of
29
mandamus
to
compel
the
public
institution
of
higher
education
30
to
comply
with
these
prohibitions.
The
bill
also
authorizes
a
31
student,
faculty
member,
or
alumnus
of
a
public
institution
of
32
higher
education
alleging
a
violation
of
the
bill’s
provisions
33
to
bring
a
civil
action
for
injunctive
relief
against
the
34
public
institution
of
higher
education
to
prohibit
the
public
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institution
of
higher
education
from
continuing
such
violation.
1
The
bill
establishes
the
venue
in
which
such
actions
may
be
2
brought.
3
The
bill
requires
public
institutions
of
higher
education
to
4
reallocate
all
unexpended
moneys
appropriated
by
the
general
5
assembly
in
FY
2022-2023
that
would
have
been
expended
on
6
diversity,
equity,
and
inclusion
offices
or
diversity,
equity,
7
and
inclusion
officers
on
or
after
the
effective
date
of
the
8
bill
to
merit
scholarships
for
lower-income
and
middle-income
9
students
and
to
reduce
tuition
and
mandatory
fees
for
resident
10
students.
11
The
bill
defines
“diversity,
equity,
and
inclusion”,
12
“diversity,
equity,
and
inclusion
office”,
“diversity,
equity,
13
and
inclusion
officer”,
“gender
identity”,
“public
institution
14
of
higher
education”,
and
“sexual
orientation”.
15
The
bill
takes
effect
upon
enactment.
16
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