Minnesota 2025 2025-2026 Regular Session

Minnesota Senate Bill SF3286 Introduced / Bill

Filed 04/02/2025

                    1.1	A bill for an act​
1.2 relating to higher education; creating the Intellectual Freedom Protection Act​
1.3 regulating public postsecondary institutions; creating a private right of action and​
1.4 providing for enforcement by the attorney general; proposing coding for new law​
1.5 in Minnesota Statutes, chapter 135A.​
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.7 Section 1. [135A.154] INTELLECTUAL FREEDOM PROTECTION ACT.​
1.8 (a) For purposes of this section, "public postsecondary institution" or "institution" means​
1.9an institution governed by the Board of Trustees of the Minnesota State Colleges and​
1.10Universities. The Board of Regents of the University of Minnesota is requested to adopt a​
1.11policy in compliance with this section.​
1.12 (b) No public postsecondary institution shall condition admission or benefits to an​
1.13applicant for admission, or hiring, reappointment, or promotion to a faculty member, on the​
1.14applicant's or faculty member's pledging allegiance to or making a statement of personal​
1.15support for or opposition to any political ideology or movement, including a pledge or​
1.16statement regarding diversity, equity, inclusion, patriotism, or related topics, nor shall any​
1.17institution request or require any such pledge or statement from an applicant or faculty​
1.18member.​
1.19 (c) If a public postsecondary institution receives a pledge or statement describing a​
1.20commitment to any particular political ideology or movement, including a pledge or statement​
1.21regarding diversity, equity, inclusion, patriotism, or related topics, it may not grant or deny​
1.22admission or benefits to a student, or hiring, reappointment, or promotion to a faculty​
1.23member, on the basis of the viewpoints expressed in the pledge or statement.​
1​Section 1.​
25-00930 as introduced​12/26/24 REVISOR VH/DG​
SENATE​
STATE OF MINNESOTA​
S.F. No. 3286​NINETY-FOURTH SESSION​
(SENATE AUTHORS: LUCERO)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​04/03/2025​
Referred to Higher Education​ 2.1 (d) Nothing in this section:​
2.2 (1) prohibits an institution from requiring a student, professor, or employee to comply​
2.3with federal or state law, including antidiscrimination laws, or from taking action against​
2.4a student, professor, or employee for violations of federal or state law;​
2.5 (2) shall be construed to limit or restrict the academic freedom of faculty or to prevent​
2.6faculty members from teaching, researching, or writing publications about diversity, equity,​
2.7inclusion, patriotism, or other topics; or​
2.8 (3) prohibits an institution from considering, in good faith, a candidate's scholarship,​
2.9teaching, or subject-matter expertise in their given academic field.​
2.10 (e) Each public postsecondary institution in the state shall post and make publicly​
2.11available all training materials used for students, faculty, and staff on all matters of​
2.12nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, and all of its​
2.13policies and guidance on these issues, on its website.​
2.14 (f) An individual whose rights were violated through a violation of this section may​
2.15bring an action against a public postsecondary institution, and its agents acting within their​
2.16official capacities, in a state or federal court of competent jurisdiction to receive declaratory​
2.17relief or enjoin a violation of this section. If a court finds a violation of this section, the​
2.18court shall provide a prevailing plaintiff appropriate equitable remedies, and award damages,​
2.19reasonable court costs, and attorney fees. An action under this paragraph must be brought​
2.20within one year of the latest date the violation is alleged to have occurred.​
2.21 (g) The attorney general may file suit to enjoin a policy or practice prohibited by​
2.22paragraph (b) or (c). In addition to equitable relief authorized by this paragraph, the court​
2.23may impose a civil penalty of $100,000 against the public postsecondary institution for each​
2.24violation of this section.​
2.25 (h) If an institution, or any of its employees acting in their official capacities, are found​
2.26by a court or the institution to have violated this section, the institution may take disciplinary​
2.27action against the responsible employees in accordance with the institution's policies and​
2.28procedures.​
2​Section 1.​
25-00930 as introduced​12/26/24 REVISOR VH/DG​