Iowa

State constitutional guarantees regarding right to education

• Case law and legislative history defining and interpreting the right to education

Although the Iowa constitution historically provided that the state has a duty to encourage “by all suitable means, the promotion of intellectual, scientific, moral and agricultural improvement, the Constitutional provisions re-education have been since declared “obsolete” and omitted from current copies of the Constitution.  (State Constitution Education Clause Language.pdf)

The Iowa supreme court previously found that the text of article IX, division 2, section 3 does not contain a right to a minimally sufficient education: (1) the text of section 3 and the surrounding provisions suggest that section 3 merely allows the legislature to fund schools, it doesn’t require the legislature to do so; (2) the Iowa Supreme Court held shortly after the 1857 convention that “no aspect of the Iowa Constitution, including the education clause, authorized the legislature to provide for public schools (as opposed to merely funding them)”; and (3) one delegate to the 1857 convention proposed an amendment to section 3 that would have required the State to provide education “without charge,” but after another delegate argued that the local districts should “regulate this matter themselves” the convention rejected the amendment by a vote of twenty-five to eight. Iowa Supreme Court Deeply Divided on Whether the Iowa Constitution Contains a Right to Education

State constitutional protections regarding non-discrimination and equity

In Iowa, as in all states, the Bill of Rights provides the foundational civil liberties and rights that protect individuals from government overreach. Iowa's state constitution expands upon these rights, providing additional protections in some cases. For instance, the Iowa Constitution includes a right to a jury trial in both civil and criminal cases, and a strong emphasis on education and the rights of crime victims. It's important to note that while federal law provides a baseline of rights, state laws can grant further protections but cannot infringe upon the rights guaranteed by the U.S. Constitution.

Article 1, Section 6.

Law uniform. Section 6. All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens

Other relevant state constitutional civil rights protections

N/A

State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

Iowa does not have state laws directly equivalent to Title VI, Title IX, Section 504, or the Educational Opportunities Act. Iowa recently joined to file a lawsuit challenging Section 504, including a request to “declare Section 504, 29 U.S.C. § 794, unconstitutional.” (https://www.kcrg.com/2025/02/21/iowa-attorney-general-brenna-bird-pauses-lawsuit-aimed-disability-protections-students/)

The Iowa Code prohibits discrimination by any educational institution “on the basis of race, creed, color, sex, sexual orientation, gender identity*, national origin, religion, or disability in any program or activity.”

“*As of July 1, 2025, gender identity is no longer a protected basis under Iowa Code chapter 216.” (https://icrc.iowa.gov/resources/faqs)

Prohibited practices include, but are not limited to, the following:

1. Exclusion of a person or persons from participating in, denial of the benefits of, or subjection to discrimination in any academic, extracurricular, research, occupational training, or other program or activity except athletic programs;

2. Denial of comparable opportunity in intramural and interscholastic athletic programs;

3. Discrimination among persons in employment and the condition of employment;

4. On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification.

There is an exception for bona fide religious institutions “imposing qualifications based on religion, sexual orientation, or gender identity when such qualifications are related to a bona fide religious purpose” and for any institution “admitting students of only one sex.”

Additionally, under Iowa law, it is not unfair or discriminatory “for a school to require a single or multiple occupancy restroom or changing area to be designated only for and used by persons of the same biological sex,” nor “to prohibit a person from using a single or multiple occupancy restroom or changing area that does not correspond with the person’s biological sex.” (Iowa Code § 216.9-9A.)

Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

There does not appear to be state civil rights protections for students outside of the above, though the above protects sexual orientation (and previously protected gender identity).

State law protections regarding color of law or pattern/practice liability for law enforcement in schools

None.

Anti-discrimination protections under state human rights statutes

None outside of the above Iowa code provisions.

Private right of action provisions under state civil rights and human rights statutes

In addition to filing a complaint as detailed below (see Iowa Office of Civil Rights – Iowa Civil Rights Commission), after a complaint has been on file for 60 days, a complainant may request a right-to-sue letter and remove their complaint to commence a lawsuit in state district court.

Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?

No.

Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law?

The right to file a complaint is conferred on the student, being the “person claiming to be aggrieved by a discriminatory or unfair practice.” (Iowa Code § 216.15(1).)

Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

Prohibition against retaliation is explicitly prohibited under the Iowa Code, providing the following:

“It shall be an unfair or discriminatory practice for:…

2. Any person to discriminate or retaliate against another person in any of the rights protected against discrimination by this chapter because such person has lawfully opposed any practice forbidden under this chapter, obeys the provisions of this chapter, or has filed a complaint, testified, or assisted in any proceeding under this chapter.” (Iowa Code § 216.11(2).)

Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

Complaints must be filed within 300 days of the most recent discriminatory action. ( IAC 161—3.1(216); Iowa Code § 216.15(13).)

Are there areas where the state laws provide more protections than federal law? What are those areas? 

See above regarding protections for discrimination on the basis of sexual orientation.