Bill Text: IA SF81 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to racism or sexism trainings at, and diversity and inclusion efforts by, governmental agencies and entities, school districts, and public postsecondary educational institutions, and including civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-01-18 - Subcommittee: Bousselot, Evans, and Petersen. S.J. 152. [SF81 Detail]
Download: Iowa-2023-SF81-Introduced.html
Senate
File
81
-
Introduced
SENATE
FILE
81
BY
SALMON
A
BILL
FOR
An
Act
relating
to
racism
or
sexism
trainings
at,
and
1
diversity
and
inclusion
efforts
by,
governmental
agencies
2
and
entities,
school
districts,
and
public
postsecondary
3
educational
institutions,
and
including
civil
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1147XS
(6)
90
jda/jh
S.F.
81
Section
1.
Section
25A.1,
subsection
1,
paragraphs
d
and
e,
1
Code
2023,
are
amended
by
striking
the
paragraphs.
2
Sec.
2.
Section
25A.1,
subsection
2,
Code
2023,
is
amended
3
to
read
as
follows:
4
2.
Each
agency,
governmental
entity,
or
governmental
5
subdivision
may
continue
training
that
fosters
a
workplace
6
and
learning
environment
that
is
respectful
of
all
employees.
7
However,
the
head
of
an
agency,
governmental
entity,
or
8
governmental
subdivision
shall
ensure
that
any
mandatory
staff
9
training
and
associated
materials
provided
by
an
employee
of
an
10
agency,
governmental
entity,
or
governmental
subdivision,
or
11
by
a
contractor
hired
by
the
agency,
governmental
entity,
or
12
governmental
subdivision
does
not
teach,
advocate,
encourage,
13
promote,
or
act
upon
stereotyping,
scapegoating,
specific
14
defined
concepts
or
prejudice
toward
others
on
the
basis
of
15
demographic
group
membership
or
identity.
This
subsection
16
shall
not
be
construed
as
preventing
an
employee
or
contractor
17
who
provides
mandatory
training
from
responding
to
questions
18
regarding
stereotyping,
scapegoating,
specific
defined
concepts
19
or
prejudice
raised
by
participants
in
the
training.
20
Sec.
3.
Section
25A.1,
Code
2023,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
2A.
a.
An
employee
of
an
agency,
23
governmental
entity,
or
governmental
subdivision
alleging
a
24
violation
of
subsection
2
by
an
employee
or
contractor
of
the
25
agency,
governmental
entity,
or
governmental
subdivision
may
26
bring
a
civil
action
for
injunctive
relief
against
the
agency,
27
governmental
entity,
or
governmental
subdivision
to
prohibit
28
the
employee
or
contractor
from
continuing
such
violation.
29
b.
If
an
employee
is
the
prevailing
party
in
a
civil
action
30
instituted
pursuant
to
paragraph
“a”
,
the
court
shall
award
31
reasonable
court
costs
and
attorney
fees
to
the
employee.
32
Sec.
4.
Section
25A.1,
subsection
4,
paragraph
b,
Code
2023,
33
is
amended
to
read
as
follows:
34
b.
Create
Except
as
provided
in
subsection
2A,
create
any
35
-1-
LSB
1147XS
(6)
90
jda/jh
1/
8
S.F.
81
right
or
benefit,
substantive
or
procedural,
enforceable
at
1
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
2
departments,
agencies,
or
entities,
its
officers,
employees,
3
or
agents,
or
any
other
person.
4
Sec.
5.
Section
261H.8,
subsection
2,
Code
2023,
is
amended
5
to
read
as
follows:
6
2.
Each
public
institution
of
higher
education
may
continue
7
training
that
fosters
a
workplace
and
learning
environment
that
8
is
respectful
of
all
employees
and
students.
However,
the
9
president,
vice
presidents,
deans,
department
directors,
or
any
10
other
administrator
of
a
public
institution
of
higher
education
11
shall
ensure
that
any
mandatory
staff
or
student
training
and
12
associated
materials
provided
by
an
employee
of
the
institution
13
or
by
a
contractor
hired
by
the
institution
does
not
teach,
14
advocate,
act
upon,
or
promote
specific
defined
concepts.
This
15
subsection
shall
not
be
construed
as
preventing
an
employee
16
or
contractor
who
provides
mandatory
training
from
responding
17
to
questions
regarding
specific
defined
concepts
raised
by
18
participants
in
the
training.
19
Sec.
6.
Section
261H.8,
Code
2023,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
2A.
a.
An
employee
or
student
of
a
22
public
institution
of
higher
education
alleging
a
violation
23
of
subsection
2
by
an
employee
or
contractor
of
the
public
24
institution
of
higher
education
may
bring
a
civil
action
25
for
injunctive
relief
against
the
public
institution
of
26
higher
education
to
prohibit
the
employee
or
contractor
from
27
continuing
such
violation.
28
b.
If
an
employee
or
student
is
the
prevailing
party
in
a
29
civil
action
instituted
pursuant
to
paragraph
“a”
,
the
court
30
shall
award
reasonable
court
costs
and
attorney
fees
to
the
31
employee
or
student.
32
Sec.
7.
Section
261H.8,
subsection
4,
paragraph
d,
Code
33
2023,
is
amended
to
read
as
follows:
34
d.
Create
Except
as
provided
in
subsection
2A,
create
any
35
-2-
LSB
1147XS
(6)
90
jda/jh
2/
8
S.F.
81
right
or
benefit,
substantive
or
procedural,
enforceable
at
1
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
2
departments,
agencies,
or
entities,
its
officers,
employees,
3
or
agents,
or
any
other
person.
4
Sec.
8.
Section
272.2,
subsection
14,
paragraph
b,
Code
5
2023,
is
amended
by
adding
the
following
new
subparagraph:
6
NEW
SUBPARAGRAPH
.
(6)
A
court
finds
that
the
person
has
7
violated
section
279.74,
subsection
2.
8
Sec.
9.
Section
279.74,
Code
2023,
is
amended
to
read
as
9
follows:
10
279.74
Training
and
curriculum
prohibited
——
specific
defined
11
concepts.
12
1.
For
purposes
of
this
section
,
unless
the
context
13
otherwise
requires:
14
a.
“Race
or
sex
scapegoating”
“Administrator”
means
the
same
15
as
defined
in
section
261H.8
272.1
.
16
b.
“Race
or
sex
stereotyping”
means
the
same
as
defined
in
17
section
261H.8
.
18
c.
b.
“Specific
defined
concepts”
means
the
same
as
defined
19
in
section
261H.8
.
20
c.
“Teacher”
means
the
same
as
defined
in
section
272.1.
21
2.
a.
Each
school
district
may
continue
training
that
22
fosters
a
workplace
and
learning
environment
that
is
respectful
23
of
all
employees
and
students.
However,
the
superintendent
24
of
each
school
district
shall
ensure
that
any
curriculum
or
25
mandatory
staff
or
student
training
provided
by
an
employee
26
of
the
school
district
or
by
a
contractor
hired
by
the
school
27
district
does
not
teach,
advocate,
encourage,
promote,
or
act
28
upon
specific
stereotyping
and
scapegoating
toward
others
29
on
the
basis
of
demographic
group
membership
or
identity
30
contractors
hired
by
the
school
district
and
teachers
or
31
administrators
employed
by
the
school
district
shall
not
32
provide
any
curriculum
or
mandatory
staff
or
student
training,
33
or
associated
materials,
that
teaches,
advocates,
encourages,
34
promotes,
or
acts
upon
specific
defined
concepts
.
This
35
-3-
LSB
1147XS
(6)
90
jda/jh
3/
8
S.F.
81
subsection
shall
not
be
construed
as
preventing
an
employee
1
or
contractor
a
contractor,
teacher,
or
administrator
who
2
teaches
any
curriculum
or
who
provides
mandatory
training
from
3
responding
to
questions
regarding
specific
defined
concepts
4
raised
by
participants
in
the
training.
5
b.
An
administrator
employed
by
a
school
district
shall
6
not
knowingly
allow
a
contractor
hired
by
the
school
district
7
or
a
teacher
employed
by
the
school
district
to
provide
8
any
curriculum
or
mandatory
staff
or
student
training,
or
9
associated
materials,
that
teaches,
advocates,
encourages,
10
promotes,
or
acts
upon
specific
defined
concepts.
11
3.
a.
A
parent
or
guardian
of
a
student
enrolled
in
the
12
school
district
who
alleges
a
violation
of
subsection
2
by
13
a
contractor,
teacher,
or
administrator
may
bring
a
civil
14
action
for
injunctive
relief
against
the
school
district
that
15
hired
the
contractor
or
employs
the
teacher
or
administrator
16
to
prohibit
the
contractor,
teacher,
or
administrator
from
17
continuing
such
violation.
18
b.
If
a
parent
or
guardian
is
the
prevailing
party
in
a
19
civil
action
instituted
pursuant
to
paragraph
“a”
,
all
of
the
20
following
shall
apply:
21
(1)
The
court
shall
award
reasonable
court
costs
and
22
attorney
fees
to
the
parent
or
guardian.
23
(2)
The
court
shall
assess
a
civil
penalty
against
the
24
school
district
that
hired
the
contractor
or
employs
the
25
teacher
or
administrator,
in
an
amount
not
less
than
ten
26
thousand
dollars
and
not
more
than
fifty
thousand
dollars.
27
Moneys
from
the
civil
penalty
provided
in
this
subparagraph
28
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
the
29
general
fund
of
the
state.
30
(3)
The
clerk
of
court
shall
send
a
copy
of
the
court’s
31
order
issued
pursuant
to
this
subsection
to
the
board
of
32
educational
examiners.
33
3.
4.
School
district
diversity
and
inclusion
efforts
shall
34
discourage
students
of
the
school
district
from
discriminating
35
-4-
LSB
1147XS
(6)
90
jda/jh
4/
8
S.F.
81
against
another
by
political
ideology
or
any
characteristic
1
protected
under
the
federal
Civil
Rights
Act
of
1964,
Pub.
L.
2
No.
88-352,
as
amended,
and
applicable
state
law.
Each
school
3
district
shall
prohibit
its
employees
from
discriminating
4
against
students
or
employees
by
political
ideology
or
any
5
characteristic
protected
under
the
federal
Civil
Rights
Act
of
6
1964,
Pub.
L.
No.
88-352,
as
amended,
and
applicable
state
law.
7
4.
5.
This
section
shall
not
be
construed
to
do
any
of
the
8
following:
9
a.
Inhibit
or
violate
the
first
amendment
rights
of
students
10
or
faculty,
or
undermine
a
school
district’s
duty
to
protect
to
11
the
fullest
degree
intellectual
freedom
and
free
expression.
12
The
intellectual
vitality
of
students
and
faculty
shall
not
be
13
infringed
under
this
section
.
14
b.
Prevent
a
school
district
from
promoting
racial,
15
cultural,
ethnic,
intellectual,
or
academic
diversity
or
16
inclusiveness,
provided
such
efforts
are
consistent
with
the
17
provisions
of
this
section
,
chapter
216
,
and
other
applicable
18
law.
19
c.
Prohibit
discussing
specific
defined
concepts
as
part
of
20
a
larger
course
of
academic
instruction.
21
d.
Create
Except
as
provided
in
subsection
3,
create
any
22
right
or
benefit,
substantive
or
procedural,
enforceable
at
23
law
or
in
equity
by
any
party
against
the
state
of
Iowa,
its
24
departments,
agencies,
or
entities,
its
officers,
employees,
25
or
agents,
or
any
other
person.
26
e.
Prohibit
a
state
or
federal
court
or
agency
of
competent
27
jurisdiction
from
ordering
a
training
or
remedial
action
28
containing
discussions
of
specific
defined
concepts
as
a
29
remedial
action
due
to
a
finding
of
discrimination,
including
30
discrimination
based
on
race
or
sex.
31
f.
Prohibit
the
use
of
curriculum
that
teaches
the
topics
32
of
sexism,
slavery,
racial
oppression,
racial
segregation,
33
or
racial
discrimination,
including
topics
relating
to
the
34
enactment
and
enforcement
of
laws
resulting
in
sexism,
racial
35
-5-
LSB
1147XS
(6)
90
jda/jh
5/
8
S.F.
81
oppression,
segregation,
and
discrimination.
1
Sec.
10.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
2
3,
shall
not
apply
to
this
Act.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
racism
or
sexism
trainings
at,
and
7
diversity
and
inclusion
efforts
by,
governmental
agencies
8
and
entities,
school
districts,
and
public
postsecondary
9
educational
institutions.
10
Current
Code
section
279.74
requires
the
superintendent
11
of
each
school
district
to
ensure
that
any
curriculum
or
12
mandatory
staff
or
student
training
provided
by
an
employee
13
of
the
school
district
or
by
a
contractor
hired
by
the
school
14
district
does
not
teach,
advocate,
encourage,
promote,
or
act
15
upon
specific
stereotyping
and
scapegoating
toward
others
on
16
the
basis
of
demographic
group
membership
or
identity.
The
17
bill
modifies
this
provision
to
prohibit
contractors,
teachers,
18
and
administrators
from
providing
any
curriculum,
or
mandatory
19
staff
or
student
training,
or
associated
materials,
that
20
teaches,
advocates,
encourages,
promotes,
or
acts
upon
specific
21
defined
concepts.
The
bill
also
prohibits
administrators
22
from
knowingly
allowing
a
contractor
or
a
teacher
to
provide
23
any
curriculum
or
mandatory
staff
or
student
training,
or
24
associated
materials,
that
teaches,
advocates,
encourages,
25
promotes,
or
acts
upon
specific
defined
concepts.
The
bill
26
requires
the
board
of
educational
examiners
(BOEE)
to
adopt
27
rules
that
require
the
BOEE
to
disqualify
an
applicant
for
a
28
license
or
to
revoke
a
person’s
license
if
a
court
finds
that
a
29
person
violates
these
provisions.
30
The
bill
authorizes
a
parent
or
guardian
of
a
student
31
enrolled
in
a
school
district
who
alleges
a
violation
of
32
these
provisions
to
bring
a
civil
action
for
injunctive
33
relief
against
the
school
district
that
hired
the
contractor
34
or
employs
the
teacher
or
administrator
to
prohibit
the
35
-6-
LSB
1147XS
(6)
90
jda/jh
6/
8
S.F.
81
contractor,
teacher,
or
administrator
from
continuing
such
1
violation.
The
bill
provides
that
if
the
parent
or
guardian
2
is
the
prevailing
party
in
such
civil
action,
the
court
shall
3
award
reasonable
court
costs
and
attorney
fees
to
the
parent
or
4
guardian,
the
court
shall
assess
a
civil
penalty
against
the
5
school
district
in
an
amount
not
less
than
$10,000
and
not
more
6
than
$50,000,
and
the
clerk
of
court
shall
send
a
copy
of
the
7
court’s
order
to
the
BOEE.
The
bill
makes
conforming
changes
8
to
Code
section
279.74.
9
Current
Code
section
25A.1
requires
the
head
of
a
10
governmental
entity
to
ensure
that
any
mandatory
staff
training
11
provided
by
an
employee
of
a
governmental
entity,
or
by
a
12
contractor
hired
by
the
governmental
entity,
does
not
teach,
13
advocate,
encourage,
promote,
or
act
upon
stereotyping,
14
scapegoating,
or
prejudice
toward
others
on
the
basis
of
15
demographic
group
membership
or
identity.
The
bill
modifies
16
this
provision
to
require
the
head
of
a
governmental
entity
17
to
ensure
that
any
mandatory
staff
training
or
associated
18
materials
provided
by
an
employee
of
a
governmental
entity,
19
or
by
a
contractor
hired
by
the
governmental
entity,
does
not
20
teach,
advocate,
encourage,
promote,
or
act
upon
specific
21
defined
concepts
or
prejudice
toward
others
on
the
basis
of
22
demographic
group
membership
or
identity.
The
bill
authorizes
23
an
employee
of
a
governmental
entity
alleging
a
violation
24
of
Code
section
25A.1
by
an
employee
or
contractor
of
the
25
governmental
entity
to
bring
a
civil
action
for
injunctive
26
relief
against
the
governmental
entity
to
prohibit
the
employee
27
or
contractor
from
continuing
such
violation.
The
bill
28
provides
that,
if
an
employee
is
the
prevailing
party
in
the
29
civil
action,
the
court
shall
award
the
employee
reasonable
30
court
costs
and
attorney
fees.
The
bill
makes
conforming
31
changes.
32
Current
Code
section
261H.8
requires
the
president,
33
vice
presidents,
deans,
department
directors,
or
any
other
34
administrator
of
a
public
institution
of
higher
education
to
35
-7-
LSB
1147XS
(6)
90
jda/jh
7/
8
S.F.
81
ensure
that
any
mandatory
staff
or
student
training
provided
1
by
an
employee
of
the
institution
or
by
a
contractor
hired
by
2
the
institution
does
not
teach,
advocate,
act
upon,
or
promote
3
specific
defined
concepts.
The
bill
modifies
this
provision
4
to
also
require
such
individuals
to
ensure
that
any
materials
5
provided
in
association
with
the
mandatory
staff
or
student
6
training
do
not
teach,
advocate,
act
upon,
or
promote
specific
7
defined
concepts.
The
bill
authorizes
an
employee
or
student
8
of
an
institution
alleging
a
violation
of
Code
section
261H.8
9
by
an
employee
or
contractor
of
the
institution
to
bring
a
10
civil
action
for
injunctive
relief
against
the
institution
11
to
prohibit
the
employee
or
contractor
from
continuing
such
12
violation.
The
bill
provides
that,
if
an
employee
or
student
13
is
the
prevailing
party
in
the
civil
action,
the
court
shall
14
award
the
employee
or
student
reasonable
court
costs
and
15
attorney
fees.
16
The
bill
may
include
a
state
mandate
as
defined
in
Code
17
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
18
subsection
3,
which
would
relieve
a
political
subdivision
from
19
complying
with
a
state
mandate
if
funding
for
the
cost
of
20
the
state
mandate
is
not
provided
or
specified.
Therefore,
21
political
subdivisions
are
required
to
comply
with
any
state
22
mandate
included
in
the
bill.
23
-8-
LSB
1147XS
(6)
90
jda/jh
8/
8
