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House
File
2488
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Introduced
HOUSE
FILE
2488
BY
COMMITTEE
ON
HIGHER
EDUCATION
(SUCCESSOR
TO
HSB
537)
A
BILL
FOR
An
Act
prohibiting
private
institutions
of
higher
education
1
that
participate
in
the
Iowa
tuition
grant
program
from
2
establishing
diversity,
equity,
and
inclusion
offices.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
256.183,
subsection
1,
unnumbered
1
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
2
“Accredited
private
institution”
means
an
institution
of
3
higher
learning
located
in
Iowa
which
is
operated
privately
4
and
not
controlled
or
administered
by
any
state
agency
or
5
any
subdivision
of
the
state
and
which
meets
the
criteria
in
6
paragraphs
“a”
and
“b”
and
all
of
the
criteria
in
paragraphs
“d”
7
through
“k”
“l”
,
except
that
institutions
defined
in
paragraph
8
“c”
of
this
subsection
are
exempt
from
the
requirements
of
9
paragraphs
“a”
and
“b”
:
10
Sec.
2.
Section
256.183,
subsection
1,
Code
2026,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
l.
Adopt
a
policy
for
compliance
with
13
chapter
261M.
14
Sec.
3.
Section
256.183,
subsection
3,
Code
2026,
is
amended
15
to
read
as
follows:
16
3.
“Eligible
institution”
means
an
institution
of
higher
17
learning
located
in
Iowa
which
is
operated
privately
and
18
not
controlled
or
administered
by
any
state
agency
or
any
19
subdivision
of
the
state,
which
is
not
exempt
from
taxation
20
under
section
501(c)(3)
of
the
Internal
Revenue
Code,
and
which
21
meets
all
of
the
criteria
in
subsection
1
,
paragraphs
“d”
22
through
“k”
“l”
,
and
is
a
school
of
barbering
and
cosmetology
23
arts
and
sciences
licensed
under
chapter
157
and
is
accredited
24
by
a
national
accrediting
agency
recognized
by
the
United
25
States
department
of
education.
For
the
fiscal
year
beginning
26
July
1,
2017,
such
a
school
of
barbering
and
cosmetology
arts
27
and
sciences
shall
provide
a
matching
aggregate
amount
of
28
institutional
financial
aid
equal
to
at
least
seventy-five
29
percent
of
the
amount
received
by
the
institution’s
students
30
for
Iowa
tuition
grant
assistance
under
section
256.191
.
For
31
the
fiscal
year
beginning
July
1,
2018,
the
school
of
barbering
32
and
cosmetology
arts
and
sciences
shall
provide
a
matching
33
aggregate
amount
of
institutional
financial
aid
equal
to
at
34
least
eighty-five
percent
of
the
amount
received
in
that
fiscal
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year.
Commencing
with
the
fiscal
year
beginning
July
1,
2019,
1
and
each
succeeding
fiscal
year,
the
matching
aggregate
amount
2
of
institutional
financial
aid
shall
be
at
least
equal
to
the
3
match
provided
by
eligible
institutions
under
section
261.9,
4
subsection
3
,
paragraph
“a”
,
Code
2023.
5
Sec.
4.
NEW
SECTION
.
261M.1
Definitions.
6
As
used
in
this
chapter,
unless
the
context
otherwise
7
requires:
8
1.
“Department”
means
the
department
of
education.
9
2.
“Diversity,
equity,
and
inclusion”
includes
all
of
the
10
following:
11
a.
Any
effort
to
manipulate
or
otherwise
influence
the
12
composition
of
the
faculty
or
student
body
with
reference
to
13
race,
sex,
color,
or
ethnicity,
apart
from
ensuring
colorblind
14
and
sex-neutral
admissions
and
hiring
in
accordance
with
state
15
and
federal
antidiscrimination
laws.
16
b.
Any
effort
to
promote
differential
treatment
of
or
17
provide
special
benefits
to
individuals
on
the
basis
of
race,
18
color,
or
ethnicity.
19
c.
Any
effort
to
promote
or
promulgate
policies
and
20
procedures
designed
or
implemented
with
reference
to
race,
21
color,
or
ethnicity.
22
d.
Any
effort
to
promote
or
promulgate
trainings,
23
programming,
or
activities
designed
or
implemented
with
24
reference
to
race,
color,
ethnicity,
gender
identity,
or
sexual
25
orientation.
26
3.
“Diversity,
equity,
and
inclusion
office”
means
27
any
division,
office,
center,
or
other
unit
of
a
private
28
institution
of
higher
education
that
is
responsible
for
29
creating,
developing,
designing,
implementing,
organizing,
30
planning,
or
promoting
policies,
programming,
training,
31
practices,
activities,
or
procedures
related
to
diversity,
32
equity,
and
inclusion.
“Diversity,
equity,
and
inclusion
office”
33
does
not
include
any
of
the
following:
34
a.
An
office
ensuring
legal
compliance.
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b.
An
academic
department
within
a
private
institution
1
of
higher
education
that
exists
primarily
for
the
purpose
of
2
offering
courses
for
degree
credit
and
that
does
not
establish
3
a
policy
or
procedures
to
which
other
departments
of
the
4
private
institution
of
higher
education
are
subject.
5
c.
An
office
solely
engaged
in
new
student
recruitment.
6
d.
A
registered
student
organization.
7
4.
“Private
institution
of
higher
education”
means
an
8
accredited
private
institution
as
defined
in
section
256.183
or
9
an
eligible
institution
as
defined
in
section
256.183.
10
Sec.
5.
NEW
SECTION
.
261M.2
Diversity,
equity,
and
11
inclusion
office
prohibited.
12
1.
A
private
institution
of
higher
education
shall
not,
13
except
as
otherwise
provided
by
federal
or
state
law
or
14
accreditation
standards,
establish,
sustain,
support,
or
staff
15
a
diversity,
equity,
and
inclusion
office.
16
2.
Subsection
1
shall
not
be
construed
to
cover
or
affect
a
17
private
institution
of
higher
education’s
funding
of
any
of
the
18
following:
19
a.
Academic
course
instruction.
20
b.
Research
or
creative
works
by
the
private
institution
21
of
higher
education’s
students,
faculty,
or
other
research
22
personnel,
and
the
dissemination
of
such
research
or
creative
23
works.
24
c.
Activities
of
registered
student
organizations.
25
d.
Arrangements
for
guest
speakers
and
performers
with
26
short-term
engagements.
27
e.
Mental
or
physical
health
services
provided
by
licensed
28
professionals.
29
3.
Subsection
1
shall
not
be
construed
as
prohibiting
bona
30
fide
qualifications
based
on
sex
that
are
reasonably
necessary
31
to
the
normal
operation
of
private
higher
education.
32
Sec.
6.
NEW
SECTION
.
261M.3
Enforcement.
33
1.
A
person
may
report
a
private
institution
of
higher
34
education’s
potential
violation
of
section
261M.2
to
the
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attorney
general.
The
attorney
general
shall
provide
notice
1
of
such
report
to
the
department
and
the
institution
within
2
fifteen
days.
No
later
than
thirty
days
after
receiving
such
3
notice,
the
institution
shall
do
one
of
the
following:
4
a.
Correct
the
violation
and
provide
documentation
of
the
5
correction
to
the
attorney
general
and
the
department.
6
b.
Provide
documentation
to
the
attorney
general
and
the
7
department
demonstrating
that
the
action
of
the
institution
8
upon
which
the
report
was
based
was
not
a
violation
of
section
9
261M.2.
10
2.
If,
upon
the
conclusion
of
the
thirty-day
period
11
provided
in
subsection
1,
the
institution
has
not
complied
12
with
subsection
1,
paragraph
“a”
,
or
provided
documentation
13
under
subsection
1,
paragraph
“b”
,
that
demonstrates
to
14
the
satisfaction
of
the
attorney
general
that
a
violation
15
of
section
261M.2
did
not
occur,
the
institution
shall
be
16
ineligible
to
participate
in
the
tuition
grant
program
under
17
chapter
256,
subchapter
VII,
part
4,
subpart
B,
as
of
the
18
next
academic
year
beginning
thereafter.
If
either
action
is
19
carried
out
by
the
institution
by
October
1
of
an
academic
20
year,
eligibility
shall
be
restored
as
of
the
next
academic
21
year
beginning
after
such
action
is
carried
out.
The
attorney
22
general
shall
notify
the
college
student
aid
commission
to
this
23
effect.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
prohibits
a
private
institution
of
higher
28
education,
as
defined
in
the
bill,
from
establishing,
29
sustaining,
supporting,
or
staffing
a
diversity,
equity,
and
30
inclusion
office,
as
defined
in
the
bill.
The
prohibition
does
31
not
apply
if
otherwise
provided
by
federal
or
state
law
or
32
accreditation
standards.
The
bill
specifies
activities
that
33
the
bill
shall
not
be
construed
to
prohibit.
34
The
bill
authorizes
a
person
to
report
a
private
institution
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of
higher
education’s
potential
violation
of
the
requirements
1
of
the
bill
to
the
attorney
general,
who
shall
provide
2
notice
of
such
report
to
the
department
of
education
and
the
3
institution
within
15
days.
No
later
than
30
days
after
4
receiving
such
notice,
the
institution
is
required
to
take
5
one
of
two
actions.
The
institution
shall
either
correct
the
6
violation
and
provide
documentation
of
the
correction
to
the
7
attorney
general
and
the
department
or
provide
documentation
to
8
the
attorney
general
and
the
department
demonstrating
that
the
9
action
of
the
institution
upon
which
the
report
was
based
was
10
not
a
violation.
11
If
within
the
30-day
period
the
institution
has
not
12
corrected
the
violation
or
provided
documentation
that
13
demonstrates
to
the
satisfaction
of
the
attorney
general
that
a
14
violation
did
not
occur,
the
institution
shall
be
ineligible
15
to
participate
in
the
Iowa
tuition
grant
program
as
of
the
16
next
academic
year
beginning
thereafter.
If
either
action
is
17
carried
out
by
the
institution
by
October
1
of
an
academic
18
year,
eligibility
shall
be
restored
as
of
the
next
academic
19
year
beginning
after
such
action
is
carried
out.
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