HF 744 — A bill for an act providing for training, prohibitions, and requirements relating to first amendment rights at school districts and public institutions of higher education. (Formerly HSB 237.) Effective date: 07/01/2021.

KimHouse ReynoldsFile O744 f- fEnrolled iHouse cFile e744 oAN fACT tPROVIDING hFOR eTRAINING, GPROHIBITIONS, oAND vREQUIREMENTS eRELATING rTO nFIRST oAMENDMENT rRIGHTS AAT dSCHOOL aDISTRICTS mAND GreggPUBLIC GINSTITUTIONS OOF VHIGHER EEDUCATION. R N O R L T G O V E R N O R Mav 20,2021 'I'hc Honorable Paul Pate Sccreran"of State of Iowa StateCapitol Des Moines,Iowa 50319 Dear Mr.Secretarj^ I hereby transmit:

HouseFile744,anActprovidingfortraining,prtjhibitions,andrequirementsrelatingtoBE FirstAmendmentrightsatschooldistrictsandpublicintuitionsofhighereducation.IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

TheaboveHouseFileiSection sherebyapprovedonthisdate.1.

Sincereh',Section Kitn261H.2, Re^■noldsCode Ciovernor2021, ois famended Iowato cc:read as follows:

Secretar\'261H.2 oPolicy fadoption thePublic Senateinstitutions Cof lerkhigher oeducation f—— theduties. House STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.3527 WWW.GOVERNOR.IOWA.GOV U M H T A } |^:i| G E N E R A ! .

A1. S S K M B I .

YThe \>:<\state Hboard oof uregents sand ethe Fboard iof ldirectors eof 7each 4community 4college Ashall Nadopt Aa Cpolicy Tthat PROVIDINGincludes FORall TRAINING,of PROHIBITIONS,the ANDfollowing REQUIREMENTSstatements: RELATING T OF I R S A M E N D M R I G H A T S C H O D I S T R I A N DP U B L I C I N S T I T U T O FH I G H EE D U C A T I O N , B E I TE N A C T B Y T H G E N E R A S S E M BO FYT H S T A T O FI O W A :

Section1. 1 .

Sectiona. 261H.2, Code 2021, is amended to read a s f o l l o w s :

261H.2That Policythe adoptionprimary Publicfunction institutionsof an institution of higher education —is dthe udiscovery, timprovement, itransmission, eand sdissemination .of knowledge by means of research, teaching, discussion, and debate.

,This Thestatement stateshall boardprovide ofthat, regentsto andfulfill this function, the boardinstitution ofmust directorsstrive to ensure the fullest degree of eachintellectual communityfreedom collegeand shallfree adoptexpression aallowed policyunder thatthe includesfirst allamendment to the Constitution of the followingUnited statements:States.

l-s-2. That the primary function of an institution of higher education is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate.

Thisa. statement shall provide that, to fulfill this function, the institution must strive to ensure the fullest degree of intellectual freedom and free expression a l l o w under t h e f i r s t a m e n d m the C o n s t i t u t i t h e f United S t a t e s , ^ i), (1) That it is not the proper role of an institution of higher education to shield individuals from speech protected by the first amendment to the Constitution of the United States, which may include ideas and opinions the individual finds unwelcome, disagreeable, or even offensive.

b-r-b. (2) That it is the proper role of an institution of House Pile 744, p.

(1) That it is not the proper role of an institution of higher education to shield individuals from speech protected by the first amendment to the Constitution of the United States, which may include ideas and opinions the individual finds unwelcome, disagreeable, or even offensive.

b.

(2) That it is the proper role of an institution of House File 744, p.

•--3. Cj_ That students and faculty have the freedom to discuss any problem that presents itself, assemble, and engage in spontaneous expressive activity on campus, within the bounds of established principles of the first amendment to the Constitution of the United States, and subject to reasonable time, place, and manner restrictions that are consistent with established first amendment principles.

45-c. ^ That the outdoor areas of campus of an institution of higher education are public forums, open on the same terms to any invited speaker subject to reasonable time, place, a n manner r e s t r i c t i o n s t h a t a r e c o n s i s t e n t w i t h e s t a b l i s h e d principles of the first amendment to the Constitution of the U n i t S t a t e s .

That students and faculty have the freedom to discuss any problem that presents itself, assemble, and engage in spontaneous expressive activity on campus, within the bounds of established principles of the first amendment to the Constitution of the United States, and subject to reasonable time, place, and manner restrictions that are consistent with established first amendment principles.

4.

d.

That the outdoor areas of campus of an institution of higher education are public forums, open on the same terms to any invited speaker subject to reasonable time, place, and manner restrictions that are consistent with established principles of the first amendment to the Constitution of the United States.

Each public institution of higher education shall protect the first amendment rights of the institution'sinstitution’s students, staff, and faculty and shall establish and publicize policies that prohibit institutional restrictions and penalties based on protected speech, including political speech, to the fullest extent required by the first amendment to the Constitution of the United States.

House PileFile 744, p.

261H.6 Training ——— first amendment to tthe h e Constitution oof fthe t h e United SStates. t a t e s .

261H.7 Student government organizations ——— student fees ——— appeals ——— liability.

Each institution of higher education governed by the state board of regents shall make a student government organization'sorganization’s access to and authority over any moneys disbursed to the student government organization by the institution contingent upon the student government organization'sorganization’s compliance with the first amendment to the Constitution of the United States and the provisions of this chapter.

If, after exhaustion of all administrative 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 or decision of a student government organization is in violation of this section, the institution shall suspend the student government .organization’s authority to manage and disburse student fees for a period of one year.

organization'sDuring authoritythis toperiod manageof andsuspension, disbursesuch student fees forshall abe periodmanaged ofand onedisbursed year.by the institution.

During this period of suspension, such student fees shall be managed and disbursed by the i n s t i t u t i o n .

NEW PARAGRAPH,PARAGRAPH e..

Thee. board may deny a license to or revoke the license of a person upon the board's finding by a preponderance of evidence that the person knowingly and intentionally discriminated against a student in violation of section 261H.2, subsection 3, or section 279.73.

SThe eboard cmay .deny a license to or revoke the license of a person upon the board’s finding by a preponderance of evidence that the person knowingly and intentionally discriminated against a student in violation of section 261H.2, subsection 3, or section 279.73.

5Sec. N E S E C T I 2 7 9 .

I5. n t e l l e c t u a l f r e e d o m — protection — complaints.

TNEW hSECTION. eb o a o fd i r e c t o e a cs c h o o l d i s t r i c t s h a l l protect the intellectual freedom of the school district's students and practitioners and shall establish and publicize policies that protect students and faculty from discrimination based on speech.

279.73 Intellectual freedom —— protection —— complaints.

1.

The board of directors of each school district shall protect the intellectual freedom of the school district’s students and practitioners and shall establish and publicize policies that protect students and faculty from discrimination based on speech.