Iowa 2021-2022 Regular Session Status: Enacted

HF 802 — A bill for an act providing for requirements related to racism or sexism trainings at, and diversity and inclusion efforts by, governmental agencies and entities, school districts, and public postsecondary educational institutions. (Formerly HSB 258.) Effective date: 07/01/2021.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 08, 2021. Enacted.

Prognosis

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Where this bill stands today.

Odds of enactment

High

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Bill Text

What changed in the latest version

234 added · 253 removed

234 line(s) added, 253 removed.

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Kim Reynolds O f f i c e o f t h e G o v e r n o r A d a m G r e g g G O V E R N O R L T G O V E R N O R June8,2021 T h e Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines,Iowa 50319 DearMr.Secretary, Iherebytransmit:
House File 802 - Enrolled House File 802 AN ACT PROVIDING FOR REQUIREMENTS RELATED TO RACISM OR SEXISM TRAININGS AT, AND DIVERSITY AND INCLUSION EFFORTS BY, GOVERNMENTAL AGENCIES AND ENTITIES, SCHOOL DISTRICTS, AND PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.
HouseFile802,anActprovidingforrequirementsrelatedtoracismorsexismtrainingsat, anddiversityandinclusioneffortsby,governmentalagenciesandentities,schooldistricts, andpubHcpostsecondarj'educationalinstitutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TheaboveHouseFileisherebyapprovedonthisdate.
Smcgcely KimReyn^ds Governor o cc:
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,I O W A 50319 515.281.5211 FAX 515.725.35WWW.GOVERNOR.IOWA.GOV IIHIiilllBlllliillllll G E N E R A L A S S E M B E Y I .
H o u s e F i l e 8 0 2 A N A C T P R O V I D I N G F O R R E Q U I R E M E N T S R E L A T E D T O R A C I S M O R SEXISM TRAININGS A T , AND DIVERSITY A N D INCLUSION E F F O R T S B Y , G O V E R N M E N T A L A G E N C I E A N D E N T I T I E S , S C H O O L D I S T R I C T S , A N D P U B L I C P O S T S E C O N D A R E D U C A T I O N A LI N S T I T U T I O N S .
B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L YO F T H E S T A T E O F I O W A :
25A.1 Race and sex stereotyping — training prohibited by state and local governments.
25A.1 Race and sex stereotyping —— training prohibited by state and local governments.
'^Agency" or ^state agency" means the same as defined in s e c t i o n 8 A .
“Agency” or “state agency” means the same as defined in section 8A.101.
1 0 1 .
"^Governmental entity" means any unit of government in the executive, legislative, or judicial branch of government;
“Governmental entity” means any unit of government in the executive, legislative, or judicial branch of government;
a.
c.
"^Governmental subdivision" means a county or city or c o m b i n a t i o nt h e r e o f .
“Governmental subdivision” means a county or city or combination thereof.
"^Race or sex scapegoating" means the same as defined in section 261H.7, subsection 1 .
“Race or sex scapegoating” means the same as defined in section 261H.7, subsection 1.
"^Race or sex stereotyping" means the same as defined in section 261H.7, subsection 1 .
“Race or sex stereotyping” means the same as defined in section 261H.7, subsection 1.
"^Specific defined concepts" means the same as defined in s e c t i2 6 1 H .
“Specific defined concepts” means the same as defined in section 261H.7.
7 .
This section shall not be construed to do any of the following;
This section shall not be construed to do any of the following:
Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of specific defined concepts as a remedial action due to a finding of discrimination, including d i s c r i m i b a s o nr a co r s e x .
Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of specific defined concepts as a remedial action due to a finding of discrimination, including discrimination based on race or sex.
Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation.
Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, House File 802, p.
House File 802, p.
261H.7 Race and sex stereotyping — training by institution prohibited.
261H.7 Race and sex stereotyping —— training by institution prohibited.
For purposes of this section, unless the context otherwise requires;
For purposes of this section, unless the context otherwise requires:
^Race or sex scapegoating" means 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.
“Race or sex scapegoating” means 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.
"^Race or sex stereotyping" means 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.
“Race or sex stereotyping” means 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.
a.
c.
"^Specific defined concepts" includes all of the following:
“Specific defined concepts” includes all of the following:
(1) That one race or sex is inherently superior to another r a co rs e x .
(1) That one race or sex is inherently superior to another race or sex.
(3) That an individual, solely because of the individual's race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
(3) That an individual, solely because 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.
(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.
(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.
(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.
(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.
4 of that individual's race or sex.
4 of that individual’s race or sex.
This section shall not be construed to do any of the following;
This section shall not be construed to do any of the following:
Inhibit or violate the first amendment rights of students or faculty, or undermine a public institution of higher education's duty to protect to the fullest degree intellectual freedom and free expression.
Inhibit or violate the first amendment rights of students or faculty, or undermine a public institution of higher education’s duty to protect to the fullest degree intellectual freedom and free expression.
Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of specific defined concepts as a remedial action due to a finding of discrimination, including d i s c r i m i b a s o nr a co r s e x .
Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of specific defined concepts as a remedial action due to a finding of discrimination, including discrimination based on race or sex.
279.74 Race and sex stereotyping — training and curriculum prohibited.
279.74 Race and sex stereotyping —— training and curriculum prohibited.
"^Hace or sex scapegoating" means the same as defined in s e c t 2 6 1 H .
“Race or sex scapegoating” means the same as defined in section 261H.7.
7 .
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"^Race or sex stereotyping" means the same as defined in s e c t i2 6 1 H .
“Race or sex stereotyping” means the same as defined in section 261H.7.
7 .
"^Specific defined concepts" means the same as defined in s e c t 2 6 1 H .
“Specific defined concepts” means the same as defined in section 261H.7.
7 .
This subsection shall not be construed as preventing an employee or contractor who teaches any curriculum or who provides mandatory training House Pile 802, p.
This subsection shall not be construed as preventing an employee or contractor who teaches any curriculum or who provides mandatory training House File 802, p.
This section shall not be construed to do any of the following;
This section shall not be construed to do any of the following:
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.
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.
Prevent a school district from promoting racial, cultural, ethnic, intellectual, or academic diversity or inclusiveness, provided such efforts are consistent with the provisions of this section, chapter 216, and other applicable l a w .
Prevent a school district from promoting racial, cultural, ethnic, intellectual, or academic diversity or inclusiveness, provided such efforts are consistent with the provisions of this section, chapter 216, and other applicable law.
Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of specific defined concepts as a remedial action due to a finding of discrimination, including d i s c r i m i b a s o nr a co r s e x .
Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of specific defined concepts as a remedial action due to a finding of discrimination, including discrimination based on race or sex.
P A T G R A S S L E Y K E C H A P M A N Speaker of the House P r e s i d e n t o f t h e S e n a t e I hereby certify that this bill originated in the House and is known as House File 802, Eighty-ninth General Assembly.
______________________________ ______________________________ PAT GRASSLEY JAKE CHAPMAN Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 802, Eighty-ninth General Assembly.
M E G ^ N N E L S O N Chief .Clerk q£ the House Approved 2 0 2 1 K I M R E Y N O L D G o v e r n o r
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2021 ______________________________ KIM REYNOLDS Governor
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Amendments

5 amendments

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  3. Explanation of vote.

  4. Explanation of vote.

  5. Message from House.

  6. Immediate message.

  7. Passed House, yeas 53, nays 35.

  8. House concurred in Senate amendment H-1428.

  9. Point of order raised, Rule 10, decorum in debate, ruled point well taken.

  10. Senate amendment H-1428 filed.

  11. Message from Senate.

  12. Immediate message.

  13. Passed Senate, yeas 30, nays 18.

  14. Amendment S-3176 filed, adopted.

  15. Amendment S-3169 withdrawn.

  16. Amendment S-3169 filed.

  17. Placed on calendar under unfinished business.

  18. Committee report, recommending passage.

  19. Subcommittee recommends amendment and passage.

  20. Subcommittee Meeting: 03/23/2021 1:30PM 217 Conference Room.

  21. Subcommittee: Sinclair, Quirmbach, and J. Taylor.

  22. Read first time, referred to Education.

  23. Message from House.

  24. Immediate message.

  25. Passed House, yeas 59, nays 38.

  26. Amendment H-1207 adopted, as amended.

  27. Point of order raised, Rule 10, decorum in debate, Speaker resolved the point of order.

  28. Point of order raised, Rule 10, decorum in debate, Speaker resolved the point of order.

  29. Point of order raised, Rule 10, decorum in debate, Speaker resolved the point of order.

  30. Point of order raised, Rule 10, decorum in debate, ruled point not well taken.

  31. Motion to suspend rules prevailed.

  32. Motion to suspend rules for immediate consideration of amendment H-1207 as amended.

  33. Point of order raised on amendment H-1207 as amended, ruled not germane.

  34. Amendment H-1213 to amendment H-1207 filed, adopted.

  35. Amendment H-1207 filed.

  36. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights education
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This bill has been enacted into law. Introduced March 08, 2021. Enacted.
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