This Week at the Statehouse – Week 17

After debate this week, a few policy bills we are following are now on their way to the Governor’s desk:

HF 744 University Free Speech – Provides for training, prohibitions and requirements relating to first amendment rights at public K-12 school districts and public higher education institutions, as follows:

• Regents universities and community colleges must provide training on free speech under the first amendment to the Constitution of the United States to all students, faculty, and staff on an annual basis, which elected officials and staff shall be permitted to attend.
• 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 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.
• Regents universities must 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.
• Regents universities and community colleges must 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. An institution cannot retaliate against a member of the campus community who files a complaint.
• 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.
• Similar first amendment provisions are provided for K-12 school districts.

HF 802  Prohibits Mandatory Training of Specific Defined Concepts – Provides for requirements related to racism or sexism trainings at, and diversity and inclusion efforts by, all governmental state and local agencies and entities, public school districts, community colleges and Regents universities. As it relates to the Regents universities:

• Each Regent university 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 must ensure that any mandatory staff or student training provided by an employee or by a hired contractor does not teach, advocate, act upon or promote specific defined concepts. This does not preclude them from responding to questions regarding specific defined concepts raised by participants in the training.
• “Specific defined concepts” is defined to include all of the following.

1. That one race or sex is inherently superior to another race or sex.
2. That the United States and the state of Iowa is fundamentally 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.

• University diversity and inclusion efforts shall discourage students from discriminating against another by political ideology or any characteristic protected under the federal Civil Rights Act and applicable state law.
• Employees are prohibited from discriminating against students or employees by political ideology or any other characteristic protected under the federal Civil Rights Act and applicable state law.
• 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 racial, cultural, ethnic, or academic diversity or inclusiveness, provided such efforts are consistent with the provisions of the Iowa Civil Rights Act and other applicable state law.
  • Prohibit discussing specific defined 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 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, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.

HF 889  COVID Vaccine Passport – Prohibits the state or any political subdivision from including on an identification card issued information regarding COVID-19 vaccinations status of the individual.  The bill also prohibits a business or governmental entity (including Regents institutions) from requiring a customer, patron, client, patient, or other person who is invited onto the premises to furnish proof of having received a vaccination for COVID-19 prior to entering a premises of a business or governmental entity. The bill does not prohibit a business or governmental entity from implementing a COVID-19 screening protocol.  The bill would take effect upon enactment. 

The House also started debating their budget bills this week. These are their initial drafts; these are not the final budget appropriations.

HF 862 Rebuild Iowa Infrastructure Fund – There are no changes to the previously enacted infrastructure funding for UNI’s Industrial Technology Center renovation in the House infrastructure budget bill: $13M in FY 22, $18M in FY 23, and $8.5M in FY 24.

HF 868 Education Budget Bill – The House does not provide any additional dollars to the Regents universities for FY 2022, requires tuition to be frozen, and prohibits reducing money for universities’ police departments. The bill also requests the legislative council to establish an interim study committee to examine the administrative costs, staffing levels, and allocation of staff at the Regents universities, as well as the graduation and student retention rates for each academic program. The study committee is to submit a report, including findings and recommendations, by December 15, 2021, for the 2022 legislative session.

HF 871 Economic Development Budget Bill – UNI is funded at status quo level in the House economic development budget bill, including the FY 21 cut to the additive manufacturing center. UNI’s line items are funded as follows:

• $3,000,000 for Regents Innovation Fund ($900,000 to UNI)
• $1,066,419 for UNI Business and Community Services (BCS)
• $394,321 for additive manufacturing center

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