This Week at the Statehouse – Week 7

This week is the week before funnel week. There have been a lot of subcommittee and committee meetings. New bills continue to be filed. As of today, the Board of Regents are registered on 398 bills for this legislative session. This link will provide a complete list of bills we are tracking (in the box marked as lobbyist, type in Mary Braun).

Free Speech Bills

The Senate Education Committee amended and passed their free speech bill out of committee this week by a vote of 11-4. The bill is now on the Senate calendar eligible for debate. Effective July 1, 2021, SF 478 specifically requires:

1)      The Board of Regents to annually appoint a three-member, nonpartisan, Free Speech Committee to receive complaints regarding freedom of expression.

2)      Universities develop materials, programs and procedures to ensure that those who are responsible for discipline, instruction, or administration of the campus community, or who have oversight of student government organizations, or distribute activity fee funds, understand the policies, regulations, and duties of the institution regarding free expression on campus.

3)      Universities protect the first amendment rights of the institution’s students, staff, and faculty and establish and publicize policies that prohibit institutional restrictions and penalties based on protected speech, including political speech. A university cannot retaliate against a member of the campus community who files a complaint.

4)      If it is determined, after exhaustion of all available administrative and judicial appeals, that a faculty member knowingly and intentionally restricts the protected speech or otherwise penalizes a student, the faculty member will be subject to discipline by the institution through the normal disciplinary processes of the institution, and such discipline may include termination depending on the totality of the facts. If the faculty member is licensed by the board of educational examiners, the BOEE will conduct a hearing and the faculty member may be subject to disciplinary action by the BOEE.

5)      Specific language affecting student governments:

• Each member of the student government organization will be required to have instruction and training on the First Amendment, including descriptions of what is or is not protected.
• A student government organization’s access to and authority over any moneys disbursed to the student government organization will be contingent upon the student government organization’s compliance with the First Amendment. If, after exhaustion of all administrative or judicial 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 the First Amendment, the institution will suspend the student government organization’s authority to manage and disburse student fees for a period of one year. During this period of suspension, student fees will be managed and disbursed by the university.

6)      Prohibits race and sex stereotyping training by universities and K-12 schools.

• Each university may continue training that fosters a workplace and learning environment that is respectful of all employees and students. However, the university president will ensure that any mandatory staff or student training provided by an employee or by a contractor hired by the institution does not teach, advocate, act upon, or promote divisive concepts. This does not preclude them from responding to questions regarding divisive concepts raised by participants in the training.
• Divisive concepts is defined to include all of the following.
  • That one race or sex is inherently superior to another race or sex.
  • That the state of Iowa is fundamentally racist or sexist.
  • That an individual, by virtue of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
  • That an individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex.
  • That members of one race or sex cannot and should not attempt to treat others without respect to race or sex.
  • That an individual’s moral character is necessarily determined by the individual’s race or sex.
  • 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.
  • That any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of that individual’s race or sex.
  • 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.
• Institution diversity and inclusion efforts shall discourage students from discriminating against another, and its employees from discriminating against students, for any characteristic protected under Iowa and federal Civil Rights Acts.
• These provisions 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 university’s duty to protect to the fullest degree intellectual freedom and free expression. The intellectual vitality of students and faculty shall not be infringed.
  • Prevent a public university from promoting diversity or inclusiveness, provided such efforts are consistent with the provisions of this section, Iowa’s Civil Rights Act, and other applicable law.
  • Prohibit discussing divisive concepts as part of a larger course of academic instruction.
  • Create any right or benefit, substantive or procedural, enforceable at law or inequity by any party against the state of Iowa, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
  • Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of divisive concepts as a remedial action due to a finding of discrimination, including discrimination based on race or sex.

The subcommittee on the House free speech bill, HSB 237, voted their bill out of subcommittee this week by a vote of 2-1. The House version of the free speech bill does not include the language prohibiting race and sex stereotyping training by universities and K-12 schools. That language is included in a separate bill, HSB 258.

The end of next week, March 5, is the Legislature’s first funnel date, when Senate policy bills need to come out of a Senate committee and House policy bills need to come out of a House committee to remain eligible for debate this legislative session. This date does not apply to tax, spending and government oversight bills. Next week I’ll include the list of bills that remain alive and have died.

If you have any questions, please email me at mary.braun@uni.edu.