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Senate
File
382
-
Introduced
SENATE
FILE
382
BY
DONAHUE
A
BILL
FOR
An
Act
relating
to
education,
including
by
prohibiting
the
use
1
of
certain
mascots
to
represent
schools
and
institutions
2
of
higher
education,
establishing
grant
programs
to
assist
3
schools
and
institutions
of
higher
education
in
adopting
4
alternative
mascots,
modifying
provisions
related
to
the
5
Iowa
tuition
grants
program,
and
making
appropriations.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
256.183,
subsection
1,
unnumbered
1
paragraph
1,
Code
2025,
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
“j”
“k”
,
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
2025,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
k.
Complies
with
the
requirements
of
section
13
261K.1
related
to
the
use
of
discriminatory
mascots
in
the
same
14
manner
as
a
community
college.
15
Sec.
3.
Section
256.183,
subsection
3,
Code
2025,
is
amended
16
to
read
as
follows:
17
3.
“Eligible
institution”
means
an
institution
of
higher
18
learning
located
in
Iowa
which
is
operated
privately
and
19
not
controlled
or
administered
by
any
state
agency
or
any
20
subdivision
of
the
state,
which
is
not
exempt
from
taxation
21
under
section
501(c)(3)
of
the
Internal
Revenue
Code,
and
which
22
meets
all
of
the
criteria
in
subsection
1
,
paragraphs
“d”
23
through
“j”
“k”
,
and
is
a
school
of
barbering
and
cosmetology
24
arts
and
sciences
licensed
under
chapter
157
and
is
accredited
25
by
a
national
accrediting
agency
recognized
by
the
United
26
States
department
of
education.
For
the
fiscal
year
beginning
27
July
1,
2017,
such
a
school
of
barbering
and
cosmetology
arts
28
and
sciences
shall
provide
a
matching
aggregate
amount
of
29
institutional
financial
aid
equal
to
at
least
seventy-five
30
percent
of
the
amount
received
by
the
institution’s
students
31
for
Iowa
tuition
grant
assistance
under
section
256.191
.
For
32
the
fiscal
year
beginning
July
1,
2018,
the
school
of
barbering
33
and
cosmetology
arts
and
sciences
shall
provide
a
matching
34
aggregate
amount
of
institutional
financial
aid
equal
to
at
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least
eighty-five
percent
of
the
amount
received
in
that
fiscal
1
year.
Commencing
with
the
fiscal
year
beginning
July
1,
2019,
2
and
each
succeeding
fiscal
year,
the
matching
aggregate
amount
3
of
institutional
financial
aid
shall
be
at
least
equal
to
the
4
match
provided
by
eligible
institutions
under
section
261.9,
5
subsection
3
,
paragraph
“a”
,
Code
2023.
6
Sec.
4.
NEW
SECTION
.
261K.1
Mascots,
team
names,
and
logos
7
——
prohibitions.
8
1.
As
used
in
this
section:
9
a.
“Disability”
means
the
same
as
defined
in
the
federal
10
Americans
with
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
11
seq.
12
b.
“Discriminatory
mascot”
means
any
name,
person,
animal,
13
object,
symbol,
or
image
that
a
public
educational
institution
14
uses
to
represent
the
public
educational
institution
and
that
15
references
or
is
associated
with
a
disability.
16
c.
“Public
educational
institution”
means
all
of
the
17
following:
18
(1)
A
school
district
organized
pursuant
to
chapter
274.
19
(2)
A
nonpublic
school
accredited
by
the
department
of
20
education
as
provided
in
section
256.11.
21
(3)
A
charter
school
established
pursuant
to
chapter
256E.
22
(4)
A
charter
school
or
innovation
zone
school
established
23
pursuant
to
chapter
256F.
24
(5)
An
institution
of
higher
education
under
the
control
of
25
the
state
board
of
regents.
26
(6)
A
community
college
established
under
chapter
260C.
27
2.
a.
A
public
educational
institution
shall
not
do
any
of
28
the
following
on
or
after
the
effective
date
of
this
Act:
29
(1)
Adopt
or
continue
the
use
of
a
discriminatory
mascot.
30
(2)
Purchase
any
new
goods
that
use
or
contain
a
31
discriminatory
mascot.
32
b.
If,
as
of
the
effective
date
of
this
Act,
a
public
33
educational
institution
uses
a
discriminatory
mascot
to
34
represent
the
public
educational
institution,
the
public
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educational
institution
shall
adopt
a
new
name,
person,
animal,
1
object,
symbol,
or
image,
as
applicable,
that
complies
with
2
this
section.
3
3.
Within
one
year
after
the
effective
date
of
this
Act,
4
each
public
educational
institution
shall
conduct
a
review
of
5
each
name,
person,
animal,
object,
symbol,
or
image
that
the
6
public
educational
institution
uses
to
represent
the
public
7
educational
institution
to
ensure
that
the
name,
person,
8
animal,
object,
symbol,
or
image
is
not
a
discriminatory
9
mascot.
10
4.
Notwithstanding
subsection
2,
a
public
educational
11
institution
may
continue
to
use
certain
existing
materials
12
and
uniforms
that
use
a
discriminatory
mascot
until
September
13
1,
2027,
if
the
public
educational
institution
satisfies
14
transition
requirements
established
by
the
department
of
15
education
or
state
board
of
regents,
as
applicable,
in
rules
16
adopted
pursuant
to
chapter
17A
to
administer
this
section.
17
5.
a.
(1)
The
department
of
education
shall
develop
and
18
administer
a
department
of
education
mascot
grant
program
19
to
provide
grants
to
school
districts,
nonpublic
schools
20
accredited
by
the
department
of
education,
charter
schools,
21
innovation
zone
schools,
community
colleges,
accredited
private
22
institutions,
as
defined
in
section
256.183,
and
eligible
23
institutions,
as
defined
in
section
256.183,
to
offset
the
24
costs
associated
with
complying
with
this
section,
including
25
costs
related
to
purchasing
new
signage,
uniforms,
and
26
educational
materials.
27
(2)
The
state
board
of
education
shall
adopt
rules
pursuant
28
to
chapter
17A
to
administer
this
paragraph,
including
29
rules
relating
to
grant
application
materials,
eligibility
30
requirements,
and
award
criteria.
31
b.
A
department
of
education
mascot
grant
program
fund
is
32
created
in
the
state
treasury.
The
fund
shall
be
administered
33
by
the
department
of
education
and
shall
consist
of
moneys
34
appropriated
by
the
general
assembly
and
other
moneys
received
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by
the
department
of
education
for
deposit
in
the
fund.
The
1
moneys
in
the
fund
are
appropriated
to
the
department
of
2
education
for
purposes
of
the
department
of
education
mascot
3
grant
program.
For
the
fiscal
year
commencing
July
1,
2025,
4
and
each
succeeding
fiscal
year,
there
is
appropriated
from
the
5
general
fund
of
the
state
to
the
department
of
education
to
be
6
credited
to
the
fund
the
amount
necessary
to
pay
all
grants
7
approved
under
the
department
of
education
mascot
grant
program
8
for
that
fiscal
year.
9
c.
This
subsection
is
repealed
September
1,
2027.
10
6.
a.
(1)
The
state
board
of
regents
shall
develop
and
11
administer
a
state
board
of
regents
mascot
grant
program
to
12
provide
grants
to
institutions
of
higher
education
under
the
13
control
of
the
state
board
of
regents
to
offset
the
costs
14
associated
with
complying
with
this
section,
including
costs
15
related
to
purchasing
new
signage,
uniforms,
and
educational
16
materials.
17
(2)
The
state
board
of
regents
shall
adopt
rules
pursuant
18
to
chapter
17A
to
administer
this
paragraph,
including
19
rules
relating
to
grant
application
materials,
eligibility
20
requirements,
and
award
criteria.
21
b.
A
state
board
of
regents
mascot
grant
program
fund
is
22
created
in
the
state
treasury.
The
fund
shall
be
administered
23
by
the
state
board
of
regents
and
shall
consist
of
moneys
24
appropriated
by
the
general
assembly
and
other
moneys
received
25
by
the
state
board
of
regents
for
deposit
in
the
fund.
The
26
moneys
in
the
fund
are
appropriated
to
the
state
board
of
27
regents
for
purposes
of
the
state
board
of
regents
mascot
grant
28
program.
For
the
fiscal
year
commencing
July
1,
2025,
and
each
29
succeeding
fiscal
year,
there
is
appropriated
from
the
general
30
fund
of
the
state
to
the
state
board
of
regents
to
be
credited
31
to
the
fund
the
amount
necessary
to
pay
all
grants
approved
32
under
the
state
board
of
regents
mascot
grant
program
for
that
33
fiscal
year.
34
c.
This
subsection
is
repealed
September
1,
2027.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
education,
including
by
prohibiting
the
4
use
of
certain
mascots
to
represent
schools
and
institutions
of
5
higher
education,
establishing
grant
programs
to
assist
schools
6
and
institutions
of
higher
education
in
adopting
alternative
7
mascots,
and
modifying
provisions
related
to
the
Iowa
tuition
8
grants
program.
9
The
bill
defines
“disability”
by
reference
to
the
federal
10
Americans
with
Disabilities
Act
of
1990.
The
bill
defines
11
“discriminatory
mascot”
as
any
name,
person,
animal,
object,
12
symbol,
or
image
that
a
public
educational
institution
uses
13
to
represent
the
public
educational
institution
and
that
14
references
or
is
associated
with
a
disability.
The
bill
15
also
defines
“public
educational
institution”
to
mean
school
16
districts,
nonpublic
schools
accredited
by
the
department
17
of
education,
charter
schools,
innovation
zone
schools,
18
institutions
of
higher
education
under
the
control
of
the
state
19
board
of
regents,
and
community
colleges.
20
The
bill
prohibits
public
educational
institutions
from
21
adopting
or
continuing
the
use
of
a
discriminatory
mascot,
22
or
from
purchasing
any
new
goods
that
use
or
contain
a
23
discriminatory
mascot,
on
or
after
the
effective
date
of
the
24
bill.
The
bill
requires
public
educational
institutions
that
25
use
a
discriminatory
mascot
as
of
the
effective
date
of
the
26
bill
to
adopt
a
new
name,
person,
animal,
object,
symbol,
or
27
image,
as
applicable,
that
complies
with
the
bill’s
provisions.
28
The
bill
requires
public
educational
institutions
to,
within
29
one
year
after
the
effective
date
of
the
bill,
conduct
a
30
review
of
each
name,
person,
animal,
object,
symbol,
or
image
31
that
the
public
educational
institution
uses
to
represent
the
32
public
educational
institution
to
ensure
that
the
name,
person,
33
animal,
object,
symbol,
or
image
is
not
a
discriminatory
34
mascot.
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The
bill
allows
a
public
educational
institution
to
continue
1
to
use
certain
existing
materials
and
uniforms
that
use
a
2
discriminatory
mascot
until
September
1,
2027,
if
the
public
3
educational
institution
satisfies
transition
requirements
4
established
by
the
department
of
education
or
state
board
of
5
regents,
as
applicable,
by
rule.
6
The
bill
requires
the
department
of
education
to
develop
7
and
administer
a
department
of
education
mascot
grant
8
program
to
provide
grants
to
school
districts,
accredited
9
nonpublic
schools,
charter
schools,
innovation
zone
schools,
10
and
community
colleges
to
offset
the
costs
associated
with
11
complying
with
the
bill’s
provisions,
including
costs
related
12
to
purchasing
new
signage,
uniforms,
and
educational
materials.
13
The
bill
also
requires
the
state
board
of
regents
to
adopt
a
14
similar
program,
known
as
the
state
board
of
regents
mascot
15
grant
program,
to
provide
grants
to
institutions
of
higher
16
education
under
the
control
of
the
state
board
of
regents
for
17
similar
purposes.
These
provisions
are
repealed
September
1,
18
2027.
19
The
bill
establishes
both
a
department
of
education
mascot
20
grant
program
fund
and
a
state
board
of
regents
mascot
grant
21
program
fund
in
the
state
treasury
and
appropriates
from
the
22
general
fund
of
the
state
to
each
fund,
for
the
fiscal
year
23
commencing
July
1,
2025,
and
each
succeeding
fiscal
year,
an
24
amount
necessary
to
pay
all
grants
approved
under
the
grant
25
programs
for
that
fiscal
year.
These
provisions
are
repealed
26
September
1,
2027.
27
The
bill
requires
accredited
private
institutions
and
28
eligible
institutions,
as
each
is
defined
in
Code
section
29
256.183
(Iowa
tuition
grants
program),
as
a
condition
of
30
participation
in
the
Iowa
tuition
grants
program,
to
comply
31
with
the
bill’s
provisions
in
the
same
manner
as
a
community
32
college.
The
bill
allows
accredited
private
institutions
and
33
eligible
institutions
to
apply
for
and
receive
grants
under
the
34
department
of
education
mascot
grant
program.
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