Bill > SF335

Introduced Session

This bill relates to education, including by modifying provisions related to trainings and curricula provided by school districts and prohibited sexual orientation and gender identity instruction, and implementing prohibitions related to the diversity, equity, and inclusion efforts of institutions of higher learning governed by the state board of regents, community colleges, and public schools. Current Code section 279.74 requires the superintendent of each school district to 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. The bill allows the parent or guardian of a student enrolled in the school district, or an employee of the school district, who alleges a violation of Code section 279.74(2) by a contractor or teacher to bring a civil action for injunctive relief against the school district to prohibit the contractor or teacher from continuing such violation. The bill also allows the parent or guardian of a student enrolled in the school district, or an employee of the school district, who alleges that an administrator knew of a violation of Code section 279.74(2) by a contractor or teacher but failed to stop such violation to bring a civil action for injunctive relief against the school district. If a parent, guardian, or employee is the prevailing party in that civil action, the bill requires the court to award reasonable court costs and attorney fees to the parent, guardian, or employee, and to assess a $50,000 civil penalty against the school district. The bill also requires the clerk of court to send a copy of the court’s order to the board of educational examiners (BOEE). The BOEE is required to revoke the license of a teacher or administrator who a court finds violated Code section 279.74(2). The bill establishes another enforcement process if no civil action has been instituted by the parent or guardian of a student or an employee of the school district. This enforcement process involves written warnings being issued to the teacher or administrator by the department of education (DE) and hearings conducted before the BOEE. If the parent, guardian, or employee is not satisfied with the result of a hearing conducted before the BOEE, the bill allows the parent, guardian, or employee to report the teacher or administrator to the state board of education or the attorney general for investigation and further enforcement and to bring a civil action for injunctive relief against the school district that employs the teacher or administrator. The bill also allows the parent, guardian, or employee to report potential violations to the director of the department of education. Current law prohibits school districts, charter schools, and innovation zone schools from providing any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six. The bill allows the parent or guardian of a student enrolled in the school, or an employee of the school, who alleges a violation of this prohibition by a contractor or teacher to bring a civil action for injunctive relief against the school to prohibit the contractor or teacher from continuing such violation. The bill also allows the parent or guardian of a student enrolled in the school, or an employee of the school, who alleges that an administrator knew of a violation of the prohibition by a contractor or teacher but failed to stop such violation to bring a civil action for injunctive relief against the school district. If a parent, guardian, or employee is the prevailing party in that civil action, the bill requires the court to award reasonable court costs and attorney fees to the parent, guardian, or employee, and to assess a $50,000 civil penalty against the school. The bill also requires the clerk of court to send a copy of the court’s order to the BOEE. The BOEE is required to revoke the license of a teacher or administrator who a court finds violated this prohibition. The bill establishes another enforcement process if no civil action has been instituted by the parent or guardian of a student or an employee of the school. This enforcement process involves written warnings being issued to the teacher or administrator by DE and hearings conducted before the BOEE. If the parent, guardian, or employee is not satisfied with the result of a hearing conducted before the BOEE, the bill allows the parent, guardian, or employee to report the teacher or administrator to the state board of education or the attorney general for investigation and further enforcement and to bring a civil action for injunctive relief against the school that employs the teacher or administrator. The bill also allows the parent, guardian, or employee to report potential violations to the director of the department of education. The bill prohibits school districts, charter schools, and innovation zone schools from establishing, or expending moneys to establish, sustain, support, or staff, a diversity, equity, and inclusion office, and from hiring or assigning an employee of the school, or contracting with a third party, to perform the duties of a diversity, equity, or inclusion office. The bill allows parents or guardians of a student enrolled in the school, or an employee of the school, who alleges that an administrator knew of a violation of the bill’s prohibitions but failed to stop such violation to bring a civil action for injunctive relief against the school. If a parent, guardian, or employee is the prevailing party in that civil action, the bill requires the court to award reasonable court costs and attorney fees to the parent, guardian, or employee, and to assess a $50,000 civil penalty against the school. The bill also requires the clerk of court to send a copy of the court’s order to the BOEE. The BOEE is required to revoke the license of an administrator who a court finds knew of a violation of the bill’s prohibitions but failed to report such violation. The bill establishes another enforcement process if no civil action has been instituted by the parent or guardian of a student or an employee of the school. This enforcement process involves written warnings being issued to the administrator by DE and hearings conducted before the BOEE. If the parent, guardian, or employee is not satisfied with the result of a hearing conducted before the BOEE, the bill allows the parent, guardian, or employee to report the administrator to the state board of education or the attorney general for investigation and further enforcement and to bring a civil action for injunctive relief against the school district that employs the administrator. The bill also allows the parent, guardian, or employee to report potential violations to the director of DE. 2024 Iowa Acts, chapter 1152, implemented prohibitions related to the establishment of a diversity, equity, and inclusion office at a public institution of higher education governed by the board of regents and the hiring or education to perform the duties of a diversity, equity, or inclusion office, among other prohibitions. To enforce these prohibitions, 2024 Iowa Acts, chapter 1152, allowed any person to notify the attorney general of a public institution of higher education’s potential violation. The attorney general may bring an action against a public institution of higher education for a writ of mandamus to compel the public institution of higher education to comply. The bill includes community colleges within the definition of “public institution of higher education” in 2024 Iowa Acts, chapter 1152, so that these restrictions also apply to community colleges. In addition, the bill authorizes a student enrolled in a public institution of higher education, or an employee of a public institution of higher education, who alleges that a public institution of higher education violated the prohibitions in 2024 Iowa Acts, chapter 1152, to bring a civil action for injunctive relief against the public institution of higher education to prohibit the public institution of higher education from continuing such violation. If a student or employee is the prevailing party in the civil action, the bill requires the court to award reasonable court costs and attorney fees to the student or employee, and to assess a $100,000 civil penalty against the public institution of higher education. The bill also requires the public institution of higher education to immediately terminate the employment of any employee who is responsible for the public institution of higher education’s violation of the prohibitions in 2024 Iowa Acts, chapter 1152.

Committee Categories

Kevin Alons (R)*,  Doug Campbell (R)*,  Dennis Guth (R)*,  Mike Pike (R)*,  Dave Rowley (R)*,  Sandy Salmon (R)*, 

Subcommittee recommends passage. (on 02/25/2025)

Official Document