General Assembly: 89 (2021 Regular GA) - Chapter 163 - Racial, cultural, ethnic, intellectual, or sexual discrimination, stereotyping, or scapegoating — governmental entity or public educational institution...


Published: 2021-06-08

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CHAPTER 163 RACIAL, CULTURAL, ETHNIC, INTELLECTUAL, OR SEXUAL DISCRIMINATION, STEREOTYPING, OR SCAPEGOATING — GOVERNMENTAL ENTITY OR PUBLIC

EDUCATIONAL INSTITUTION TRAINING, PRACTICES, OR CURRICULUM

H.F. 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.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 25A.1 Race and sex stereotyping — training prohibited by state and local governments. 1. For purposes of this section, unless the context otherwise requires: a. “Agency” or “state agency” means the same as defined in section 8A.101. 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. c. “Governmental subdivision” means a county or city or combination thereof. 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. f. “Specific defined concepts” means the same as defined in section 261H.7. 2. Each agency, governmental entity, or governmental subdivision may continue training

that fosters a workplace and learning environment that is respectful of all employees. However, the head of an agency, governmental entity, or governmental subdivision shall ensure that any mandatory staff training provided by an employee of an agency, governmental entity, 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 demographic group membership or identity. 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. 3. Each agency, governmental entity, or governmental subdivision shall prohibit its

employees from discriminating against other employees by 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. Prevent an agency, governmental entity, or governmental subdivision from promoting

racial, cultural, ethnic, or intellectual diversity or inclusiveness, provided such efforts are consistent with the provisions of this section. b. 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. c. 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. 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.

Sec. 2. NEW SECTION. 261H.7 Race and sex stereotyping — training by institution prohibited.

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CH. 163 2

1. 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. c. “Specific defined concepts” includes all of the following: (1) That one race or sex is inherently superior to another race or sex. (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 of that individual’s race or sex. (9) That meritocracy or traits such as a hard work ethic are racist or sexist, or were created

by a particular race to oppress another race. (10) Any other form of race or sex scapegoating or any other form of race or sex

stereotyping. 2. Each public institution of higher education may continue training that fosters a

workplace and learning environment that is respectful of all employees and students. However, the president, vice presidents, deans, department directors, or any other administrator of a public institution of higher education shall ensure that any mandatory staff or student training provided by an employee of the institution or by a contractor hired by the institution does not teach, advocate, act upon, or promote specific defined concepts. This subsection shall not be construed as preventing an employee or contractor who provides mandatory training from responding to questions regarding specific defined concepts raised by participants in the training. 3. Institution diversity and inclusion efforts shall discourage students of a public

institution of higher education 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 public institution of higher education shall prohibit its employees from discriminating against students and 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 public

institution of higher education’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 public institution of higher education 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. c. Prohibit discussing specific defined concepts as part of a larger course of academic

instruction.

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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 discrimination based on race or sex. 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. “Race or sex scapegoating” means the same as defined in section 261H.7. b. “Race or sex stereotyping” means the same as defined in section 261H.7. c. “Specific defined concepts” means the same as defined in section 261H.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 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 frompromoting 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. 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 discrimination based on race or sex. 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. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3, shall not apply to this Act.

Approved June 8, 2021

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