Iowa Code

Iowa Code § 216.9 (2026)

Unfair or discriminatory practices — education

✓ current as of July 2026
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1. It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, sexual orientation, national origin, religion, or disability in any program or activity. Such discriminatory practices shall include but not be limited to the following practices: a. Exclusion of a person or persons from participation 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; b. Denial of comparable opportunity in intramural and interscholastic athletic programs; c. Discrimination among persons in employment and the conditions of employment; d. 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. 2. For the purpose of this section, “educational institution” includes any preschool, elementary or secondary school, community college, area education agency, or postsecondary college or university and their governing boards. This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion or sexual orientation when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex. [C79, 81, §601A.9] 85 Acts, ch 214, §1; 86 Acts, ch 1245, §1496; 90 Acts, ch 1253, §121 C93, §216.9 2007 Acts, ch 191, §11, 12; 2008 Acts, ch 1032, §36; 2025 Acts, ch 1, §19, 20 Referred to in §216.2, 260C.5 Subsection 1, unnumbered paragraph 1 amended Subsection 2 amended

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Notes of Decisions
Cited in 16 cases (5 in the last 5 years), 2007–2025 · leading case: Palmer Coll. of Chiropractic v. Davenport Civil Rights Comm'n & Aaron Cannon, 850 N.W.2d 326 (Iowa 2014).
Palmer Coll. of Chiropractic v. Davenport Civil Rights Comm'n & Aaron Cannon, 850 N.W.2d 326 (Iowa 2014). · cites it 12× “” Iowa Code § 216.9 . The DCRO sets forth the same general language in extending its own protections against disability discrimination, to “provide for the execution within the city of the policies embodied in the Iowa Civil Rights Act of 1965 and” related federal civil rights…”
Natalie Slaughter v. Des Moines Univ. Coll. of Osteopathic Med., 925 N.W.2d 793 (Iowa 2019). · cites it 2× “” Iowa Code § 216.18 (1). “It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of .”
Robin v. Carroll Cmty. Sch. Dist., 486 F. Supp. 2d 892 (N.D. Iowa 2007). · cites it 6× “Sixth, the District requests summary judgment on plaintiffs’ claims against it under the Iowa Civil Rights Act, Iowa Code § 216.9 , asserting that plaintiffs have failed to demonstrate that they were denied access to the educational opportunities offered by the Carroll Middle…”
Parents Defending Educ. v. LinnMar Cmty. Sch. Dist., 83 F.4th 658 (8th Cir. 2023). · cites it 2× “28 , and prevents schools from establishing practices that discriminate on the basis of “gender identity,” see Iowa Code § 216.9 (1). But the policy’s requirements allegedly go beyond existing law to encompass a refusal to “respect a student’s gender identity.”
Dohmen v. Iowa Dep't for the Blind, 794 N.W.2d 295 (Iowa Ct. App. 2010). · cites it 2× “§§ 12131-12150 , and the Iowa Civil Rights Act, Iowa Code §§ 216.9 , 216C.11 (2003). The department moved for summary judgment.”
D.L. ex rel. D.L. v. Waukee Cmty. Sch. Dist., 578 F. Supp. 2d 1178 (S.D. Iowa 2008). · cites it 4× “§ 794 ; (5) disability discrimination in violation of Iowa Code § 216.9 ; (6) assault and battery; (7) false imprisonment; (8) intentional infliction of emotional distress; (9) negligent infliction of emotional distress; (10) negligence — bystander; and (11) intentional or…”
Torres v. North Fayette Cmty. Sch. Dist., 600 F. Supp. 2d 1026 (N.D. Iowa 2008). · cites it 13× “” Iowa Code § 216.9 (1). 5 Iowa Code section 216.”
Parents Defending Educ. v. Linn-Mar Cmty. Sch. Dist. (N.D. Iowa 2022). · cites it 7× “28 (2022); Iowa Code § 216.9 (2022). Even if the Policy did not exist or an injunction were granted, the law still expressly prohibits discrimination in Iowa public schools based on gender identity.”
Benjamin Fogle & Amanda Fogle, on behalf of minor child P.F. v. Clay Elementary Sch.-Se. Polk Cmty. Sch. Dist., Dirk Halupnik, Andrea Burns & Carla Rivas, individually & in their Off. capacities with Se. Polk Cmty. Sch. Dist. (Iowa 2025). · cites it 6× “Two of the ICRA claims were brought against the school district under Iowa Code § 216.9 for sex discrimination with respect to education (count II) and harassment with respect to education (count III).”
Darren Petro v. Palmer Coll. of Chiropractic (Iowa 2020). · cites it 4× “Likewise, it’s true that Iowa Code section 216.9(1)(c) allows local agencies to “prohibit[] broader or different categories of unfair or discriminatory practices” than the ICRA.”
Amended September 23, 2014 Palmer Coll. of Chiropractic v. Davenport Civil Rights Comm'n & Aaron Cannon (Iowa 2014). · cites it 6× “” Iowa Code § 216.9 . The DCRO sets forth the same general language in extending its own protections against disability discrimination, to “provide for the execution within the city of the policies embodied in the Iowa Civil Rights Act of 1965 and” related federal civil rights…”
Alex W. Olson v. Durant Cmty. Sch. Dist., 922 N.W.2d 104 (Iowa Ct. App. 2018). · cites it 2× “See Iowa Code § 216.9 (1) (2015). Olson's petition alleged a disparate-treatment theory of discrimination-Durant discriminated against him by declining to renew the contract, allegedly because of the perceived burdens flowing from his disabilities.”
— Iowa Code § 216.9(1) — 2 cases
Natalie Slaughter v. Des Moines Univ. Coll. of Osteopathic Med., 925 N.W.2d 793 (Iowa 2019). “” Iowa Code § 216.18 (1). “It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of .”
Benjamin Fogle & Amanda Fogle, on behalf of minor child P.F. v. Clay Elementary Sch.-Se. Polk Cmty. Sch. Dist., Dirk Halupnik, Andrea Burns & Carla Rivas, individually & in their Off. capacities with Se. Polk Cmty. Sch. Dist. (Iowa 2025). “Two of the ICRA claims were brought against the school district under Iowa Code § 216.9 for sex discrimination with respect to education (count II) and harassment with respect to education (count III).”
— Iowa Code § 216.9(1)(c) — 1 case
Darren Petro v. Palmer Coll. of Chiropractic (Iowa 2020). “Likewise, it’s true that Iowa Code section 216.9(1)(c) allows local agencies to “prohibit[] broader or different categories of unfair or discriminatory practices” than the ICRA.”
— Iowa Code § 216.9(2) — 1 case
Benjamin Fogle & Amanda Fogle, on behalf of minor child P.F. v. Clay Elementary Sch.-Se. Polk Cmty. Sch. Dist., Dirk Halupnik, Andrea Burns & Carla Rivas, individually & in their Off. capacities with Se. Polk Cmty. Sch. Dist. (Iowa 2025). “Two of the ICRA claims were brought against the school district under Iowa Code § 216.9 for sex discrimination with respect to education (count II) and harassment with respect to education (count III).”
— Iowa Code § 216.9(8) — 1 case
Darren Petro v. Palmer Coll. of Chiropractic (Iowa 2020). “Likewise, it’s true that Iowa Code section 216.9(1)(c) allows local agencies to “prohibit[] broader or different categories of unfair or discriminatory practices” than the ICRA.”
— Iowa Code § 216.9(l)(a) — 1 case
Torres v. North Fayette Cmty. Sch. Dist., 600 F. Supp. 2d 1026 (N.D. Iowa 2008). “” Iowa Code § 216.9 (1). 5 Iowa Code section 216.”
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