Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3286 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to higher education; creating the Intellectual Freedom Protection Act
3	3	1.3 regulating public postsecondary institutions; creating a private right of action and
4	4	1.4 providing for enforcement by the attorney general; proposing coding for new law
5	5	1.5 in Minnesota Statutes, chapter 135A.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. [135A.154] INTELLECTUAL FREEDOM PROTECTION ACT.
8	8	1.8 (a) For purposes of this section, "public postsecondary institution" or "institution" means
9	9	1.9an institution governed by the Board of Trustees of the Minnesota State Colleges and
10	10	1.10Universities. The Board of Regents of the University of Minnesota is requested to adopt a
11	11	1.11policy in compliance with this section.
12	12	1.12 (b) No public postsecondary institution shall condition admission or benefits to an
13	13	1.13applicant for admission, or hiring, reappointment, or promotion to a faculty member, on the
14	14	1.14applicant's or faculty member's pledging allegiance to or making a statement of personal
15	15	1.15support for or opposition to any political ideology or movement, including a pledge or
16	16	1.16statement regarding diversity, equity, inclusion, patriotism, or related topics, nor shall any
17	17	1.17institution request or require any such pledge or statement from an applicant or faculty
18	18	1.18member.
19	19	1.19 (c) If a public postsecondary institution receives a pledge or statement describing a
20	20	1.20commitment to any particular political ideology or movement, including a pledge or statement
21	21	1.21regarding diversity, equity, inclusion, patriotism, or related topics, it may not grant or deny
22	22	1.22admission or benefits to a student, or hiring, reappointment, or promotion to a faculty
23	23	1.23member, on the basis of the viewpoints expressed in the pledge or statement.
24	24	1Section 1.
25	25	25-00930 as introduced12/26/24 REVISOR VH/DG
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 3286NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: LUCERO)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading04/03/2025
32	32	Referred to Higher Education 2.1 (d) Nothing in this section:
33	33	2.2 (1) prohibits an institution from requiring a student, professor, or employee to comply
34	34	2.3with federal or state law, including antidiscrimination laws, or from taking action against
35	35	2.4a student, professor, or employee for violations of federal or state law;
36	36	2.5 (2) shall be construed to limit or restrict the academic freedom of faculty or to prevent
37	37	2.6faculty members from teaching, researching, or writing publications about diversity, equity,
38	38	2.7inclusion, patriotism, or other topics; or
39	39	2.8 (3) prohibits an institution from considering, in good faith, a candidate's scholarship,
40	40	2.9teaching, or subject-matter expertise in their given academic field.
41	41	2.10 (e) Each public postsecondary institution in the state shall post and make publicly
42	42	2.11available all training materials used for students, faculty, and staff on all matters of
43	43	2.12nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, and all of its
44	44	2.13policies and guidance on these issues, on its website.
45	45	2.14 (f) An individual whose rights were violated through a violation of this section may
46	46	2.15bring an action against a public postsecondary institution, and its agents acting within their
47	47	2.16official capacities, in a state or federal court of competent jurisdiction to receive declaratory
48	48	2.17relief or enjoin a violation of this section. If a court finds a violation of this section, the
49	49	2.18court shall provide a prevailing plaintiff appropriate equitable remedies, and award damages,
50	50	2.19reasonable court costs, and attorney fees. An action under this paragraph must be brought
51	51	2.20within one year of the latest date the violation is alleged to have occurred.
52	52	2.21 (g) The attorney general may file suit to enjoin a policy or practice prohibited by
53	53	2.22paragraph (b) or (c). In addition to equitable relief authorized by this paragraph, the court
54	54	2.23may impose a civil penalty of $100,000 against the public postsecondary institution for each
55	55	2.24violation of this section.
56	56	2.25 (h) If an institution, or any of its employees acting in their official capacities, are found
57	57	2.26by a court or the institution to have violated this section, the institution may take disciplinary
58	58	2.27action against the responsible employees in accordance with the institution's policies and
59	59	2.28procedures.
60	60	2Section 1.
61	61	25-00930 as introduced12/26/24 REVISOR VH/DG