Struck = removed from the bill ·
added = the amendment's new text.
KimHouse ReynoldsFile O802 fS-3169 fAmend iHouse cFile e802, oas famended, tpassed, hand ereprinted Gby othe vHouse, eas rfollows: 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:
HouseFile802,anActprovidingforrequirementsrelatedtoracismorsexismtrainingsat, anddiversityandinclusioneffortsby,governmentalagenciesandentities,schooldistricts, andpubHcpostsecondarj'educationalinstitutions.
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 :
Section 1.
NEW SECTION.
25A.1 Race and sex stereotyping — training prohibited by state and local governments.
ForPage purposes1, ofby thisstriking section,lines unless7 theand context8. otherwise requires:
a.
'^Agency" or ^state agency" means the same as defined in s e c t i o n 8 A .
1 0 1 .
b.
"^Governmental entity" means any unit of government in the executive, legislative, or judicial branch of government;
an agency or political subdivision;
any unit of state government, including its political subdivisions;
or any association or other organization whose membership consists primarily of one or more of any of the foregoing and whose budget is comprised primarily of tax-generated revenue.
a.
"^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 .
d.
"^Race or sex scapegoating" means the same as defined in section 261H.7, subsection 1 .
e.
"^Race or sex stereotyping" means the same as defined in section 261H.7, subsection 1 .
House File 802, p.
2 f.
"^Specific defined concepts" means the same as defined in s e c t i2 6 1 H .
7 .
EachPage agency,1, governmentalline entity,11, orby governmentalstriking subdivision<another> may3. continue training that fosters a workplace and learning environment that is respectful of all employees.
However,Page the1, headline of14, anafter agency,<foregoing> governmental entity, or governmental subdivision shall ensure that any mandatory staff training provided by aninserting employee<and ofwhose anbudget agency,is governmentalcomprised entity,primarily or governmental subdivision, or by a contractor hired by the agency, governmental entity, or governmental subdivision does not teach, advocate, encourage, promote, or act upon stereotyping, scapegoating, or prejudice toward others on the basis of demographictax-generated grouprevenue> membership4. or identity.
ThisPage subsection1, shallafter notline be20 construed as preventing an employee or contractor who provides mandatory training from responding to questions regarding stereotyping, scapegoating, or prejudice raised by participantsinserting: in the training.
3.<___.
Each“Specific agency,defined governmentalconcepts” entity,means or governmental subdivision shall prohibit its employees from discriminating against other employees by any characteristic protected under the federalsame Civilas Rightsdefined Actin ofsection 1964,261H.7.> Pub.5.
L.Page 1, by striking lines 29 through 33 and inserting <does not teach, advocate, encourage, promote, or act upon stereotyping, scapegoating, or prejudice toward others on the basis of demographic group membership or identity.
No.This subsection shall not be construed as preventing an employee or contractor who provides mandatory training from responding to questions regarding stereotyping, scapegoating, or prejudice raised by participants in the training.> 6.
88-352,Page as2, amended,by striking lines 1 and applicable2 stateand law.inserting <against other employees by any characteristic protected under the federal> 7.
4.Page 2, line 17, by striking <divisive> and inserting <specific defined> 8.
ThisPage section2, shallafter notline be19 construedby toinserting: do any of the following;
a.<d.
PreventProhibit anthe agency,use governmentalof entity,curriculum orthat governmentalteaches subdivisionthe fromtopics promotingof racial,sexism, cultural,slavery, ethnic,racial oroppression, intellectualracial diversitysegregation, or inclusiveness,racial provideddiscrimination, suchincluding effortstopics arerelating consistentto with the provisionsenactment and enforcement of thislaws section.resulting in sexism, racial oppression, segregation, and discrimination.> 9.
b.By striking page 2, line 24, through page 3, line 14.
Create10. 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.
c.Page 3, after line 25 by inserting:
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 .
d.“Specific defined concepts” includes all of the following:
Prohibit(1) theThat useone ofrace curriculumor thatsex teachesis theinherently topicssuperior ofto sexism,another slavery,race racialor oppression,sex. racial segregation.
House(2) FileThat 802,the p.United States of America and the state of Iowa HF 802.2171 (2) 89 -1- kh/jh 1/4 are fundamentally or systemically racist or sexist.
3(3) orThat racialan discrimination,individual, includingsolely topicsbecause relatingof to the enactmentindividual’s andrace enforcementor ofsex, lawsis resultinginherently inracist, sexism,sexist, racialor oppression,oppressive, segregation,whether andconsciously discrimination.or unconsciously.
Sec.(4) That an individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex.
2.(5) That members of one race or sex cannot and should not attempt to treat others without respect to race or sex.
NEW(6) SECTION.That an individual’s moral character is necessarily determined by the individual’s race or sex.
261H.7(7) RaceThat andan sexindividual, stereotypingby —virtue trainingof the individual’s race or sex, bears responsibility for actions committed in the past by institutionother prohibited.members of the same race or sex.
1.(8) That any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of that individual’s race or sex.
For purposes of this section, unless the context otherwise requires;
a.
^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.
b.
"^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.
"^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 .
(2) That the United States of America and the state of Iowa are fundamentally or systemically racist or sexist.
(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.
( 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.
(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.
(8) That any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account House File 802, p.
4 of that individual's race or sex.
(10) Any other form of race or sex scapegoating or any other form of race or sex stereotyping.stereotyping.> 11.
2.Page 3, line 34, by striking <divisive> and inserting <specific defined> 12.
EachPage public4, institutionline of2, higherby educationstriking may<divisive> continue training that fosters a workplace and learninginserting environment<specific thatdefined> is13. respectful of all employees and students.
However,Page the4, president,by vicestriking presidents,lines deans,5 departmentand directors,6 orand anyinserting other<from administratordiscriminating ofagainst aanother public institution of higher education shall ensure that any mandatory staff or student training provided by anpolitical employeeideology of the institution or byany acharacteristic> contractor14. hired by the institution does not teach, advocate, act upon, or promote specific defined concepts.
ThisPage subsection4, shallby notstriking belines construed10 asand preventing11 anand employeeinserting or<from contractordiscriminating whoagainst providesstudents mandatoryand trainingemployees from responding to questions regarding specific defined concepts raised by participantspolitical inideology theor training.any> 15.
3.Page 4, line 26, by striking <divisive> and inserting <specific defined> 16.
InstitutionPage diversity4, andline inclusion34, efforts shall discourage students of a public institution of higher education from discriminating against another by politicalstriking ideology<divisive> orand anyinserting characteristicHF protected802.2171 under(2) the89 federal-2- Civilkh/jh Rights2/4 Act<specific ofdefined> 1964,17. Pub.
L.Page 5, after line 1 by inserting:
No.<f.
88-352,Prohibit asthe amended,use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and applicableenforcement stateof law.laws resulting in sexism, racial oppression, segregation, and discrimination.> 18.
EachPage public5, institutionby ofstriking higherlines education6 shall prohibit its employees from discriminating against students and employees7. by political ideology or any characteristic protected under the federal Civil Rights Act of 1964, Pub.
L.19.
No.Page 5, after line 11 by inserting:
88-352,<___. as amended, and applicable state law.
4.“Specific defined concepts” means the same as defined in section 261H.7.> 20.
ThisPage section5, shallby striking lines 18 and 19 and inserting <district does not beteach, construedadvocate, toencourage, dopromote, anyor ofact upon specific stereotyping and scapegoating toward others on the following;basis of demographic group membership or identity.
a.This subsection shall not be construed as> 21.
InhibitPage or5, violateline the22, firstby amendmentstriking rights<divisive> ofand studentsinserting or<specific faculty,defined> or22. undermine a public institution of higher education's duty to protect to the fullest degree intellectual freedom and free expression.
ThePage intellectual5, vitalityby ofstriking studentslines 26 and faculty27 shalland notinserting be<against infringedanother underby thispolitical section.ideology or any characteristic protected under> 23.
b.Page 5, by striking lines 31 and 32 and inserting <employees by political ideology or any characteristic protected under the> 24.
PreventPage a6, publicline institution12, ofby higherstriking education<divisive> fromand promotinginserting racial,<specific cultural,defined> ethnic,25. intellectual, or academic diversity or inclusiveness, provided such efforts are House File 802, p.
5Page consistent6, withline the20, provisionsby ofstriking this<divisive> section, chapter 216, and otherinserting applicable<specific law.defined> 26.
c.Page 6, after line 22 by inserting:
Prohibit<f. discussing specific defined concepts as part of a larger course of academic instruction.
d.Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.> 27.
CreateBy anyrenumbering, rightredesignating, orand benefit,correcting substantiveinternal orHF procedural,802.2171 enforceable(2) at89 law-3- orkh/jh in3/4 equityreferences byas anynecessary. party against the state of Iowa, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
e.______________________________ AMY SINCLAIR HF 802.2171 (2) 89 -4- kh/jh 4/4
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 .
f.
Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.
Sec.
3.
NEW SECTION.
279.74 Race and sex stereotyping — training and curriculum prohibited.
1.
For purposes of this section, unless the context otherwise requires:
a.
"^Hace or sex scapegoating" means the same as defined in s e c t 2 6 1 H .
7 .
b.
"^Race or sex stereotyping" means the same as defined in s e c t i2 6 1 H .
7 .
c.
"^Specific defined concepts" means the same as defined in s e c t 2 6 1 H .
7 .
2.
Each school district may continue training that fosters a workplace and learning environment that is respectful of all employees and students.
However, the superintendent of each school district shall ensure that any curriculum or mandatory staff or student training provided by an employee of the school district or by a contractor hired by the school district does not teach, advocate, encourage, promote, or act upon specific stereotyping and scapegoating toward others on the basis of demographic group membership or identity.
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.
6 from responding to questions regarding specific defined concepts raised by participants in the training.
3.
School district diversity and inclusion efforts shall discourage students of the school district from discriminating against another by political ideology or any characteristic protected under the federal Civil Rights Act of 1964, Pub.
L.
No.
88-352, as amended, and applicable state law.
Each school district shall prohibit its employees from discriminating against students or employees by political ideology or any characteristic protected under the federal Civil Rights Act of 1964, Pub.
L.
No.
88-352, as amended, and applicable state law.
4.
This section shall not be construed to do any of the following;
a.
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.
The intellectual vitality of students and faculty shall not be infringed under this section.
b.
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 .
c.
Prohibit discussing specific defined concepts as part of a larger course of academic instruction.
d.
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.
e.
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 .
f.
Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.
House File 802, p.
7 Sec.
4.
IMPLEMENTATION OF ACT.
Section 25B.2, subsection 3, shall not apply to this Act.
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.
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