Read the full stored bill text
House
File
2106
-
Introduced
HOUSE
FILE
2106
BY
FETT
A
BILL
FOR
An
Act
relating
to
education,
including
by
modifying
provisions
1
related
to
the
protected
speech
and
expression
rights
of
2
students
enrolled
in
school
districts,
charter
schools,
and
3
innovation
zone
schools
and
the
duties
of
the
department
of
4
education,
and
providing
civil
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
5287YH
(4)
91
jda/jh
H.F.
2106
Section
1.
Section
256.9,
Code
2026,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
80.
a.
Annually
distribute,
both
3
electronically
and
by
regular
mail,
the
most
recent
version
of
4
the
United
States
department
of
education’s
guidance
related
to
5
constitutionally
protected
prayer
and
religious
expression
in
6
public
elementary
and
secondary
schools
to
all
of
the
following
7
individuals:
8
(1)
Each
member
of
the
board
of
directors
of
each
school
9
district.
10
(2)
Each
member
of
the
governing
board
of
each
charter
11
school
established
pursuant
to
chapter
256E.
12
(3)
Each
superintendent
employed
by
each
school
district.
13
(4)
Each
principal
employed
by
each
school
district.
14
(5)
Each
principal
employed
by
each
charter
school
15
established
pursuant
to
chapter
256E.
16
(6)
Each
principal
employed
by
each
charter
school
or
17
innovation
zone
school
established
pursuant
to
chapter
256F.
18
(7)
Each
teacher
employed
by
each
school
district.
19
(8)
Each
teacher
employed
by
each
charter
school
20
established
pursuant
to
chapter
256E.
21
(9)
Each
teacher
employed
by
each
charter
school
or
22
innovation
zone
school
established
pursuant
to
chapter
256F.
23
b.
Publish
on
the
department’s
internet
site
a
link
to
24
the
most
recent
version
of
the
United
States
department
of
25
education’s
guidance
related
to
constitutionally
protected
26
prayer
and
religious
expression
in
public
elementary
and
27
secondary
schools.
28
c.
Develop
and
distribute
to
school
districts,
charter
29
schools
established
pursuant
to
chapter
256E,
and
charter
30
schools
and
innovation
zone
schools
established
pursuant
to
31
chapter
256F
a
professional
development
training
program
32
regarding
constitutionally
protected
prayer
and
religious
33
expression
in
public
elementary
and
secondary
schools.
34
NEW
SUBSECTION
.
81.
Develop
and
distribute
to
school
35
-1-
LSB
5287YH
(4)
91
jda/jh
1/
8
H.F.
2106
districts,
charter
schools
established
pursuant
to
chapter
1
256E,
and
charter
schools
and
innovation
zone
schools
2
established
pursuant
to
chapter
256F
a
model
policy
that,
if
3
adopted
by
a
school
district,
charter
school,
or
innovation
4
zone
school,
would
satisfy
the
school
district’s,
charter
5
school’s,
or
innovation
zone
school’s
responsibilities
under
6
section
279.89,
subsection
4,
paragraph
“c”
,
relating
to
7
the
adoption
of
policies
to
ensure
compliance
with
federal
8
religious
expression
standards.
9
Sec.
2.
Section
256E.7,
subsection
2,
Code
2026,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
0s.
Be
subject
to
and
comply
with
the
12
requirements
of
section
279.89
relating
to
protected
speech
or
13
expression
in
the
same
manner
as
a
school
district.
14
Sec.
3.
Section
256F.4,
subsection
2,
Code
2026,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
0q.
Be
subject
to
and
comply
with
the
17
requirements
of
section
279.89
relating
to
protected
speech
or
18
expression
in
the
same
manner
as
a
school
district.
19
Sec.
4.
NEW
SECTION
.
279.89
Protected
speech
and
expression
20
——
prohibitions
——
enforcement.
21
1.
A
school
district
shall
not
discriminate
against
or
22
penalize
a
student
enrolled
in
the
school
district
for
doing
23
any
of
the
following:
24
a.
Engaging
in
religious,
political,
or
ideological
speech
25
in
the
same
time,
place,
and
manner,
and
to
the
same
extent,
26
that
other
similarly
situated
students
are
authorized
to
engage
27
in
speech
at
school.
28
b.
Expressing
a
religious,
political,
or
ideological
29
viewpoint
in
the
same
time,
place,
and
manner,
and
to
the
same
30
extent,
that
other
similarly
situated
students
are
authorized
31
to
express
views
at
school.
32
2.
A
school
district
shall
allow
a
student
who
is
enrolled
33
in
the
school
district
to
engage
in
protected
speech
or
34
expression
at
school,
which
includes
but
is
not
limited
to
all
35
-2-
LSB
5287YH
(4)
91
jda/jh
2/
8
H.F.
2106
of
the
following
activities:
1
a.
Expressing
a
religious,
political,
or
ideological
2
viewpoint
on
the
topic
or
subject
of
discussion
or
study
during
3
class.
4
b.
Expressing
religious,
political,
or
ideological
5
viewpoints
in
a
homework
assignment,
artwork,
presentation,
or
6
other
written
or
oral
assignments,
without
being
discriminated
7
against
or
the
imposition
of
an
academic
penalty
based
on
the
8
religious,
political,
or
ideological
content
of
the
student’s
9
expressions;
provided,
however,
that
a
school
district
shall
10
assess
a
student’s
written
and
oral
assignments
using
ordinary
11
academic
standards
of
substance
and
relevance
and
other
12
legitimate
pedagogical
concerns
identified
by
the
school
13
district.
14
c.
Organizing
religious,
political,
or
ideological
15
gatherings
or
clubs
before,
during,
or
after
school
to
the
same
16
extent,
and
with
the
same
access
to
school
facilities,
as
the
17
school
district
grants
to
other
student-initiated
gatherings
18
and
clubs.
19
d.
Wearing
clothing,
accessories,
and
jewelry
that
display
20
religious,
political,
or
ideological
messages
or
symbols
in
the
21
same
manner,
and
to
the
same
extent,
as
the
school
district
22
permits
other
students
to
wear
clothing,
accessories,
and
23
jewelry
that
display
messages
and
symbols.
24
3.
A
school
district
shall
not
discriminate
against
a
club
25
organized
by
a
student
enrolled
in
the
school
district
because
26
of
any
of
the
following:
27
a.
The
religious,
political,
or
ideological
viewpoints
28
expressed
by
the
club.
29
b.
The
religious,
political,
or
ideological
viewpoints
30
expressed
by
students
who
are
members
of
the
club.
31
c.
Any
requirement
that
the
leaders
or
members
of
the
club
32
affirm
or
adhere
to
any
particular
beliefs,
comply
with
the
33
club’s
standards
of
conduct,
or
further
the
club’s
mission
or
34
purpose,
as
defined
by
the
club.
35
-3-
LSB
5287YH
(4)
91
jda/jh
3/
8
H.F.
2106
4.
Each
school
district
shall
do
all
of
the
following:
1
a.
Annually
notify
each
employee
of
the
school
district
of
2
the
availability
of
the
United
States
department
of
education’s
3
guidance
related
to
constitutionally
protected
prayer
and
4
religious
expression
in
public
elementary
and
secondary
5
schools.
6
b.
Offer
professional
development
opportunities
to
each
7
employee
of
the
school
district
regarding
constitutionally
8
protected
prayer
and
religious
expression
in
public
elementary
9
and
secondary
schools
to
ensure
understanding
and
compliance.
10
c.
(1)
Adopt
a
policy
that
ensures
the
school
district
11
complies
with
federal
religious
expression
standards.
12
(2)
Annually
certify
to
the
department
of
education
that
the
13
school
district
is
in
compliance
with
the
policy
described
in
14
subparagraph
(1).
15
5.
a.
Any
individual
or
club
organized
by
a
student
16
alleging
a
violation
of
subsection
1,
2,
3,
or
4
by
a
school
17
district
may
bring
a
civil
action
for
declaratory
relief,
18
injunctive
relief,
monetary
damages,
reasonable
attorney
fees,
19
court
costs,
and
any
other
appropriate
relief
against
the
20
school
district.
21
b.
A
court
shall
assess
a
civil
penalty
of
not
less
than
22
five
thousand
dollars
against
a
school
district
that
fails
23
to
comply
with
subsection
1,
2,
3,
or
4,
in
addition
to
any
24
monetary
damages
awarded
pursuant
to
paragraph
“a”
.
The
25
civil
penalty
is
payable
to
the
prevailing
individual
or
club
26
organized
by
a
student.
27
c.
Any
individual
or
club
organized
by
a
student
aggrieved
28
by
a
school
district’s
violation
of
subsection
1,
2,
3,
or
29
4
may
assert
such
violation
as
a
defense
or
counterclaim
in
30
any
disciplinary
action,
civil
proceeding,
or
administrative
31
proceeding
that
is
brought
against
the
individual
or
club.
32
d.
This
subsection
shall
not
be
construed
to
limit
any
other
33
remedies
available
to
any
individual
or
club
organized
by
a
34
student
alleging
a
violation
of
subsection
1,
2,
3,
or
4
by
a
35
-4-
LSB
5287YH
(4)
91
jda/jh
4/
8
H.F.
2106
school
district.
1
e.
A
civil
action
brought
under
this
subsection
is
barred
2
unless
the
action
is
commenced
not
later
than
two
years
3
after
the
day
the
cause
of
action
accrues.
For
purposes
4
of
calculating
this
limitations
period,
each
day
that
the
5
violation
persists,
including
each
day
that
a
policy
in
6
violation
of
subsection
4,
paragraph
“c”
,
remains
in
effect,
7
shall
constitute
a
new
day
that
the
cause
of
action
has
8
accrued.
9
6.
a.
This
section
constitutes
a
waiver
of
any
sovereign
10
immunity
provided
to
school
districts
under
the
eleventh
11
amendment
to
the
Constitution
of
the
United
States.
12
b.
A
school
district
that
violates
subsection
1,
2,
3,
or
13
4
is
not
immune
from
suit
or
liability
for
such
violation
and
14
consents
to
suit
in
federal
court
for
any
actions
arising
under
15
this
section.
16
7.
This
section
shall
not
be
construed
to
prevent
a
school
17
district
from
prohibiting,
limiting,
or
restricting
any
of
the
18
following:
19
a.
Expression
that
is
not
protected
under
the
first
20
amendment
to
the
Constitution
of
the
United
States,
including
21
true
threats,
obscenity,
and
expression
that
is
directed
to
22
provoke
imminent
lawless
actions
and
likely
to
produce
such
23
actions.
24
b.
Expression
that
is
unwelcome,
and
so
severe,
pervasive,
25
and
subjectively
and
objectively
offensive,
that
the
26
expression
effectively
denies
a
student
access
to
educational
27
opportunities
or
benefits
provided
by
the
school
district.
28
c.
Conduct
that
intentionally,
materially,
and
substantially
29
disrupts
any
of
the
following:
30
(1)
The
operations
of
the
school
district.
31
(2)
The
expressive
activity
of
another
individual
if
that
32
activity
is
occurring
on
school
district
property
in
an
area
33
reserved
for
that
activity
under
the
exclusive
use
or
control
34
of
a
particular
student,
group
of
students,
or
a
club
organized
35
-5-
LSB
5287YH
(4)
91
jda/jh
5/
8
H.F.
2106
by
a
student.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
education,
including
by
modifying
5
provisions
related
to
the
protected
speech
and
expression
6
rights
of
students
enrolled
in
school
districts,
charter
7
schools,
and
innovation
zone
schools
(schools)
and
the
duties
8
of
the
department
of
education
(DE).
9
The
bill
prohibits
schools
from
discriminating
against
or
10
penalizing
a
student
for
engaging
in
religious,
political,
or
11
ideological
speech,
or
expressing
a
religious,
political,
or
12
ideological
viewpoint,
in
the
same
time,
place,
and
manner,
and
13
to
the
same
extent,
that
other
similarly
situated
students
are
14
authorized
to
engage
in
speech
or
express
views
at
school.
15
The
bill
requires
schools
to
allow
students
to
express
a
16
religious,
political,
or
ideological
viewpoint
on
the
topic
or
17
subject
of
discussion
or
study
during
class;
express
religious,
18
political,
or
ideological
viewpoints
in
school
work
without
19
being
discriminated
against
or
the
imposition
of
an
academic
20
penalty
based
on
the
content
of
the
student’s
expressions;
21
organize
religious,
political,
or
ideological
gatherings
or
22
clubs;
and
wear
clothing,
accessories,
and
jewelry
that
display
23
religious,
political,
or
ideological
messages
or
symbols
in
24
the
same
manner,
and
to
the
same
extent,
as
the
school
permits
25
other
students.
26
The
bill
prohibits
schools
from
discriminating
against
27
a
club
organized
by
a
student
because
of
the
religious,
28
political,
or
ideological
viewpoints
expressed
by
the
club;
29
the
religious,
political,
or
ideological
viewpoints
expressed
30
by
students
who
are
members
of
the
club;
or
any
requirement
31
that
the
leaders
or
members
of
the
club
affirm
or
adhere
to
32
any
particular
beliefs,
comply
with
the
club’s
standards
of
33
conduct,
or
further
the
club’s
mission
or
purpose.
34
The
bill
requires
the
director
of
DE
to
annually
distribute
35
-6-
LSB
5287YH
(4)
91
jda/jh
6/
8
H.F.
2106
the
most
recent
version
of
the
United
States
department
of
1
education’s
guidance
related
to
constitutionally
protected
2
prayer
and
religious
expression
in
public
elementary
and
3
secondary
schools
to
members
of
the
boards
of
directors
of
4
school
districts,
members
of
the
governing
boards
of
charter
5
schools,
superintendents
employed
by
school
districts,
6
principals
employed
by
school
districts,
charter
schools,
7
or
innovation
zone
schools,
and
teachers
employed
by
school
8
districts,
charter
schools,
or
innovation
zone
schools.
9
The
director
is
also
required
to
publish
on
DE’s
internet
10
site
a
link
to
the
most
recent
version
of
the
guidance.
In
11
addition,
the
director
is
required
to
develop
and
distribute
to
12
schools
a
professional
development
training
program
regarding
13
constitutionally
protected
prayer
and
religious
expression
14
in
schools.
Schools
are
required
to
annually
notify
each
15
employee
of
the
guidance,
and
to
offer
professional
development
16
opportunities
to
each
employee
regarding
constitutionally
17
protected
prayer
and
religious
expression
in
schools.
Schools
18
are
also
required
to
adopt
a
policy
that
ensures
the
school
19
complies
with
federal
religious
expression
standards
and
20
annually
certify
to
DE
that
the
school
is
in
compliance
with
21
such
policy.
The
director
of
DE
is
required
to
develop
and
22
distribute
to
schools
a
model
policy
that,
if
adopted
by
the
23
school,
would
satisfy
the
school’s
responsibilities
relating
to
24
the
adoption
of
policies
that
ensure
compliance
with
federal
25
religious
expression
standards.
26
The
bill
authorizes
any
individual
or
club
organized
by
27
a
student
alleging
a
violation
of
the
bill’s
provisions
by
28
a
school
to
bring
a
civil
action
for
declaratory
relief,
29
injunctive
relief,
monetary
damages,
reasonable
attorney
30
fees,
court
costs,
and
any
other
appropriate
relief.
A
31
court
is
required
to
assess
a
civil
penalty
of
not
less
than
32
$5,000
against
a
school
that
fails
to
comply
with
the
bill’s
33
provisions.
The
civil
penalty
is
payable
to
the
prevailing
34
individual
or
club
organized
by
a
student.
The
bill
authorizes
35
-7-
LSB
5287YH
(4)
91
jda/jh
7/
8
H.F.
2106
an
individual
or
club
organized
by
a
student
aggrieved
by
a
1
school’s
violation
of
the
bill’s
provisions
to
assert
such
2
violation
as
a
defense
or
counterclaim
in
any
disciplinary
3
action,
civil
proceeding,
or
administrative
proceeding
that
is
4
brought
against
the
individual
or
club.
The
bill
provides
that
5
a
civil
action
brought
under
this
subsection
is
barred
unless
6
the
action
is
commenced
not
later
than
two
years
after
the
day
7
the
cause
of
action
accrues.
8
The
bill
constitutes
a
waiver
of
any
sovereign
immunity
9
provided
to
schools
under
the
Constitution
of
the
United
10
States.
A
school
that
violates
the
bill’s
provisions
is
not
11
immune
from
suit
or
liability
for
such
violation
and
consents
12
to
suit
in
federal
court
for
any
actions
arising
under
the
13
bill’s
provisions.
14
The
bill
is
not
to
be
construed
to
prevent
a
school
from
15
prohibiting,
limiting,
or
restricting
expression
that
is
16
not
protected
under
the
Constitution
of
the
United
States;
17
expression
that
is
unwelcome
and
that
denies
a
student
access
18
to
educational
opportunities
or
benefits
provided
by
the
19
school;
or
conduct
that
disrupts
school
operations
or
the
20
expressive
activity
of
another
individual
if
that
activity
21
is
occurring
on
school
property
in
an
area
reserved
for
that
22
activity
under
the
exclusive
use
or
control
of
a
particular
23
student,
group
of
students,
or
a
club
organized
by
a
student.
24
-8-
LSB
5287YH
(4)
91
jda/jh
8/
8