SSB 1145 (LSB 1274XL (15) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED GOVERNOR BILL)

A BILL FOR

An Act relating to children and students, including establishing a parent’s or guardian’s right to make decisions affecting the parent’s or guardian’s child, modifying provisions related to student health screenings and the curriculum in school districts, accredited nonpublic schools, and charter schools, other duties of school districts, competent private instruction, and special education, making appropriations, and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.9, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  66.  Develop and make available on the department’s internet site a comprehensive list of all notifications received pursuant to section 279.79, sortable by the book’s title and author and the school districts that have removed the book from libraries operated by the school district, classrooms, or any areas on school district property. The department shall update the comprehensive list at least once each month.
    Sec. 2.  Section 256.11, subsections 2, 3, and 4, Code 2023, are amended to read as follows:
   2.  The kindergarten program shall include experiences designed to develop healthy emotional and social habits and growth in the language arts and communication skills, as well as a capacity for the completion of individual tasks, and protect and increase physical well-being with attention given to experiences relating to the development of life skills and, subject to section 279.77, age-appropriate and research-based human growth and development. A kindergarten teacher shall be licensed to teach in kindergarten. An accredited nonpublic school must meet the requirements of this subsection only if the nonpublic school offers a kindergarten program.
   3.  The following areas shall be taught in grades one through six:  English-language arts, social studies, mathematics, science, health, age-appropriate and research-based human growth and development, physical education, traffic safety, music, and visual art, and, subject to section 279.77, age-appropriate and research-based human growth and development. Computer science instruction incorporating the standards established under section 256.7, subsection 26, paragraph “a”, subparagraph (4), shall be offered in at least one grade level commencing with the school year beginning July 1, 2023. The health curriculum shall include the characteristics of communicable diseases including acquired immune deficiency syndrome. The state board as part of accreditation standards shall adopt curriculum definitions for implementing the elementary program.
   4.  The following shall be taught in grades seven and eight:  English-language arts; social studies; mathematics; science; health; age-appropriate and research-based human growth and development; career exploration and development; physical education; music; and visual art. Computer science instruction incorporating the standards established under section 256.7, subsection 26, paragraph “a”, subparagraph (4), shall be offered in at least one grade level commencing with the school year beginning July 1, 2023. Career exploration and development shall be designed so that students are appropriately prepared to create an individual career and academic plan pursuant to section 279.61, incorporate foundational career and technical education concepts aligned with the six career and technical education service areas as defined in  subsection 5, paragraph “h”, and incorporate relevant twenty-first century skills. The health curriculum shall include age-appropriate and research-based information regarding the characteristics of sexually transmitted diseases, including HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome. The state board as part of accreditation standards shall adopt curriculum definitions for implementing the program in grades seven and eight. However, this subsection shall not apply to the teaching of career exploration and development in nonpublic schools. For purposes of this section, “age-appropriate”, 

“HPV”, and “research-based” mean the same as defined in section 279.50.
    Sec. 3.  Section 256.11, subsection 5, paragraph b, Code 2023, is amended to read as follows:
   b.  (1)  Five units of the social studies including instruction in voting statutes and procedures, voter registration requirements, the use of paper ballots and voting systems in the election process, and the method of acquiring and casting an absentee ballot. All students shall complete a minimum of one-half unit of United States government and one unit of United States history.
   (2)  The one-half unit of United States government shall include the all of the following: 
   (a)  The voting procedure as described in this lettered paragraph and section 280.9A. The government instruction shall also include a 
   (b)  A study of the Constitution of the United States and the Bill of Rights contained in the Constitution and an assessment of a student’s knowledge of the Constitution and the Bill of Rights.
   (c)  (i)  An assessment of the student’s knowledge of United States government and civics that includes the nature, purpose, structure, function, and history of the United States government, the rights and responsibilities of citizens of the United States, and important United States government and civic leaders. The most recent version of the civics test developed by the United States citizenship and immigration services shall be used as the assessment required by this subparagraph division. On or before June 30 of each year, each school district and accredited nonpublic school shall submit the results of the assessment required by this subparagraph division to the department.
   (ii)  The school district or accredited nonpublic school may modify the civics test developed by the United States citizenship and immigration services for a student who has an individualized education program.
   (iii)  A student shall answer at least seventy percent of the questions on the civics test developed by the United States citizenship and immigration services correctly as a condition of graduation. A student who fails to answer at least seventy percent of the questions on the civics test correctly may retake the civics test as many times as necessary.
    Sec. 4.  Section 256.11, subsection 5, paragraph j, subparagraph (1), Code 2023, is amended to read as follows:
   (1)  One unit of health education which shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; age-appropriate and research-based human growth and development; substance abuse and nonuse; emotional and social health; health resources; and prevention and control of disease, including age-appropriate and research-based information regarding sexually transmitted diseases, including HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome.
    Sec. 5.  Section 256E.7, subsection 2, paragraph i, Code 2023, is amended to read as follows:
   i.  Be subject to and comply with section 279.76 relating to physical examinations, and health screenings, and examinations designed to assess a student’s mental, emotional, or physical health in the same manner as a school district.
    Sec. 6.  Section 256E.7, subsection 2, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0j.  Be subject to and comply with the requirements of section 279.77 relating to gender identity and sexual activity instruction in kindergarten through grade three in the same manner as a school district.
    Sec. 7.  Section 256F.4, subsection 2, paragraph k, Code 2023, is amended to read as follows:
   k.  Be subject to and comply with section 279.76 relating to physical examinations, and health screenings, and examinations designed to assess a student’s mental, emotional, or physical health in the same manner as a school district.
    Sec. 8.  Section 256F.4, subsection 2, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  Be subject to and comply with the requirements of section 279.77 relating to gender identity and sexual activity instruction in kindergarten through grade three in the same manner as a school district.
    Sec. 9.  Section 279.50, subsections 1 and 2, Code 2023, are amended to read as follows:
   1.  Each Subject to section 279.77, each school board shall provide instruction in kindergarten which gives attention to experiences relating to life skills and human growth and development as required in section 256.11. School districts shall use research provided in section 256.9, subsection 46, paragraph “b”, to evaluate and upgrade their instructional materials and teaching strategies for human growth and development.
   2.  Each school board shall provide age-appropriate and research-based instruction in human growth and development including instruction regarding human sexuality, self-esteem, stress management, interpersonal relationships, domestic abuse, HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome and the prevention and control of disease, including sexually transmitted diseases as required in section 256.11, in grades one four through twelve.
    Sec. 10.  Section 279.50, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Subject to section 279.77, each school board shall provide age-appropriate and research-based instruction in human growth and development including instruction regarding self-esteem, stress management, interpersonal relationships, and domestic abuse in grades one through three.
    Sec. 11.  Section 279.50, subsection 9, paragraphs b and c, Code 2023, are amended by striking the paragraphs.
    Sec. 12.  Section 279.76, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  a.  Each school district is prohibited from administering or conducting an examination or survey of a student that is designed to assess the student’s mental, emotional, or physical health that is not required by state or federal law without first acquiring the written consent of the student’s parent or guardian.
   b.  Each school district shall give written notice to a student’s parent or guardian of an examination or survey of the student required by state or federal law that is designed to assess the student’s mental, emotional, or physical health not less than seven days prior to the examination or survey.
   c.  This subsection shall not apply to a hearing or vision examination.
    Sec. 13.  NEW SECTION.  279.77  Gender identity and sexual activity —— prohibited instruction.
   1.  As used in this section:
   a.  “Gender identity” means the same as defined in section 216.2.
   b.  “Sexual activity” means the same as defined in section 702.17.
   2.  A school district shall not provide any program, curriculum, material, test, survey, questionnaire, activity, announcement, promotion, or instruction of any kind relating to gender identity or sexual activity to students in kindergarten through grade three.
    Sec. 14.  NEW SECTION.  279.78  Transparency —— publication of school district information.
   1.  Each school district shall publish all of the following information related to the current school year on the school district’s internet site:
   a.  A list of all materials that will be used to teach students in each class in the school district, sortable by subject area, grade level, and teacher.
   b.  A comprehensive list of all persons in direct contact with students enrolled in the school district who contract with or otherwise receive moneys from the board of directors of the school district.
   c.  A comprehensive list of all books available to students in the classroom and in libraries operated by the school district.
   d.  A detailed explanation of the procedures or policies in effect for the parent or guardian of a student enrolled in the school district to request the removal of a book, article, outline, handout, video, or other educational material that is available to students in the classroom or in a library operated by the school district.
   e.  A detailed explanation of the procedures or policies in effect to request the review of decisions made by the board of directors of the school district, including the petition process established pursuant to section 279.8B.
   2.  Each school district shall update the information required to be published pursuant to subsection 1 at least two times each semester or at the start of each trimester, as applicable.
   3.  This section shall not be construed to require a school district to do any of the following:
   a.  Reproduce educational materials that were not created by a person employed by the board of directors.
   b.  Distribute any educational materials in a manner that would infringe on the intellectual property rights of any person.
    Sec. 15.  NEW SECTION.  279.79  Notifications to department of education regarding the removal of books from school library.
   Each school district shall notify the department of education that the board of directors of the school district has removed a book from a library operated by the school district, a classroom, or any area on school district property within seven days after removal. The notification shall contain the book’s title and author.
    Sec. 16.  NEW SECTION.  279.80  Parental rights in education.
   1.  As used in this section:
   a.  “Gender identity” means the same as defined in section 216.2.
   b.  “Minor child” means an individual under eighteen years of age.
   c.  “Obscene material” means the same as defined in section 728.1.
   d.  “Sexually explicit material” means any material that meets all of the following criteria:
   (1)  Taken as a whole with respect to minor children, the material appeals to the prurient interest in nudity, sex, or excretion.
   (2)  The material depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minor children, a sex act or lewd exhibition of the genitals. For purposes of this subparagraph, “lewd exhibition of the genitals” includes any material depicting genitalia in which the place or pose of the person in the depiction is sexually suggestive, any visual depiction that suggests sexual coyness or a willingness to engage in sexual activity, or any visual depiction that is intended or designed to elicit a sexual response from the viewer.
   (3)  Taken as a whole, the material lacks serious literary, artistic, political, or scientific value as to minors. For purposes of this subparagraph, material lacks serious literary, artistic, political, or scientific value as to minor children if the material contains material described in subparagraphs (1) and (2) when substantially similar material is readily available to minor children that does not contain material described in subparagraphs (1) and (2) but that conveys a substantially similar message or viewpoint.
   e.  “Visual depiction” includes any picture, slide, photograph, digital or electronic image, negative image, undeveloped film, motion picture, videotape, digital or electronic recording, live transmission, or any other pictorial or three-dimensional representation.
   2.  a.  Each school district shall immediately notify the parent or guardian of a minor child enrolled in the school district if any employee of the school district reasonably believes that the minor child has expressed a gender identity that is different than the biological sex listed on the minor child’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the minor child’s birth.
   b.  Notwithstanding paragraph “a”, if a school district determines that notifying the parent or guardian of a minor child enrolled in the school district pursuant to paragraph “a” is likely to lead to a case of child abuse as defined in section 232.68, the school district shall not notify the parent or guardian and shall instead immediately report the school district’s safety concerns to the department of health and human services so that the department may determine whether the minor child is a child in need of assistance under chapter 232.
   3.  The parent or guardian of a minor child enrolled in a school district may access and review all school records related to the minor child, including teacher evaluations of the minor child and associated notes, evaluation information, and documents created by the minor child, unless chapter 232, subchapter III, part 2, prohibits the record from being disclosed.
   4.  A school district must receive the prior written consent of a minor child’s parent or guardian before allowing a minor child enrolled in the school district to check out or access any book that is on the list maintained by the department of education pursuant to section 256.9, subsection 66.
   5.  A school district must receive the prior written consent of the parent or guardian of a minor child enrolled in the school district before allowing any employee of the school district to address the minor child using a nickname or a pronoun that does not correspond to the biological sex that is listed on the minor child’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the minor child’s birth.
   6.  A school district shall not require any minor child enrolled in the school district to engage in any activity or instruction provided by a guest lecturer or outside presenter, or any activity or instruction that involves obscene material or sexually explicit material, without providing the parent or guardian of a minor child enrolled in the school district with notice at least forty-eight hours prior to the activity or instruction. The notice shall describe how to request that a minor child be excused from the activity or instruction. A school district shall not allow a minor child enrolled in the school district to engage in the activity or instruction if the minor child’s parent or guardian provides notice to the school district requesting that the minor child be excused from the activity or instruction.
   7.  a.  If, after investigation, the department of education determines that a school district has violated this section, the school district shall be subject to the following:
   (1)  For the first violation of this section, the department of education shall issue a written warning to the board of directors of the school district.
   (2)  For a second or subsequent violation of this section, the department shall assess a civil penalty against the school district not to exceed five thousand dollars.
   b.  Revenue from the civil penalty provided in this subsection is appropriated to the department of education for purposes of training the employees of school districts that have violated this section on the requirements of this section.
   8.  The state board of education shall adopt rules pursuant to chapter 17A to administer this section.
    Sec. 17.  Section 299A.9, subsection 1, Code 2023, is amended to read as follows:
   1.  A child of compulsory attendance age who is identified as requiring special education under chapter 256B is eligible for placement under competent private instruction with prior approval of the placement by the director of special education of the area education agency of the child’s district of residence.
    Sec. 18.  Section 299A.9, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The parent, guardian, or legal custodian of a child who is identified as requiring special education may request dual enrollment pursuant to section 299A.8. The appropriate special education services for the child shall be determined pursuant to chapter 256B and rules adopted pursuant to chapter 256B.
    Sec. 19.  NEW SECTION.  601.1  Parents and guardians —— rights.
   1.  For purposes of this section:
   a.  “Emergent care situation” means a sudden or unforeseen occurrence or onset of a medical or behavioral condition that could result in serious injury or harm to a minor child in the event immediate medical attention is not provided.
   b.  “Medical care” means any care, treatment, service, or procedure to prevent, diagnose, alleviate, treat, or cure a minor child’s physical or mental condition.
   c.  “Minor child” means an unmarried and unemancipated person under the age of eighteen years.
   2.  A parent or guardian bears the ultimate responsibility, and has the constitutionally protected right, to make decisions affecting the parent’s or guardian’s minor child, including decisions related to the minor child’s medical care, moral upbringing, religious upbringing, residence, education, and extracurricular activities.
   3.  This section shall not be construed to prohibit a minor child from receiving medical attention in an emergent care situation.
   4.  This section shall not be construed to prohibit a person from cooperating in a child abuse assessment commenced in accordance with section 232.71B.
   5.  The rights guaranteed to parents and guardians by this section are not a comprehensive list of the rights reserved to parents or guardians of a minor child. The enumeration of the rights contained in this section shall not be construed to limit the rights reserved to parents or guardians of a minor child.
    Sec. 20.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to children and students, including establishing a parent’s or guardian’s right to make decisions affecting the parent’s or guardian’s child and modifying provisions related to student health screenings and the curriculum in school districts, accredited nonpublic schools, and charter schools, other duties of school districts, competent private instruction, and special education.
   The bill prohibits instruction related to gender identity and sexual activity in school districts, accredited nonpublic schools, charter schools, and innovation zone schools in kindergarten through grade three. The bill makes conforming changes to Code sections 256.11 (educational standards) and 279.50 (human growth and development instruction) to provide that human growth and development instruction provided to students in kindergarten through grade three shall not include any program, curriculum, material, test, survey, questionnaire, activity, announcement, promotion, or instruction of any kind relating to gender identity or sexual activity. Current Code section 279.50 requires that the human growth and development instruction provided in school districts to students enrolled in grades 1 through 12 shall include instruction regarding human sexuality. The bill strikes this requirement for grades one through three. 
   The bill strikes the requirement that the health curriculum provided in school districts, accredited nonpublic schools, and charter schools in grades 1 through 12 include instruction related to the characteristics of acquired immune deficiency syndrome and makes conforming changes to Code section 279.50 (human growth and development instruction). The bill also strikes the requirement that the health curriculum provided in school districts, accredited nonpublic schools, and charter schools in grades 7 through 12 include instruction related to human papilloma virus (HPV) and the availability of a vaccine to prevent HPV and makes conforming changes to Code section 279.50. The bill makes conforming changes.
   The bill requires the human growth and development instruction provided in the kindergarten program to be both age-appropriate and research-based.
   Under current law, the educational program established pursuant to Code section 256.11 is required to include, in grades 9 through 12, five units of social studies, one-half unit of which is to consist of instruction in United States government. The bill provides that this one-half unit of United States government shall include an assessment of the student’s knowledge of United States government and civics. The bill provides that the most recent version of the civics test developed by the United States citizenship and immigration services shall be used as the assessment. The bill requires each school district and accredited nonpublic school to submit the results of the civics test to the department of education by June 30 of each year. The bill authorizes a school district or accredited nonpublic school to modify the civics test for a student who has an individualized education program. The bill provides that a student must answer at least 70 percent of the questions correctly on the civics test as a condition of graduation. The bill authorizes a student who fails to answer at least 70 percent of the questions on the civics test correctly to retake the civics test.
   The bill prohibits school districts, charter schools, and innovation zone schools from administering or conducting an examination or survey of a student that is designed to assess the student’s mental, emotional, or physical health that is not required by state or federal law, without first acquiring the written consent of the student’s parent or guardian. This provision applies only to a minor child in the direct care of a parent or guardian, and does not apply to an emancipated minor or a minor who is not residing with the parent or guardian. The bill provides that this provision does not apply to a hearing or vision examination.
   The bill requires school districts, charter schools, and innovation zone schools to give written notice to a student’s parent or guardian of an examination or survey of the student required by state or federal law that is designed to assess the student’s mental, emotional, or physical health not less than seven days prior to the examination or survey. This provision applies only to the parents or guardians of a minor child who is in the direct care of the parent or guardian, and does not apply to the parents or guardians of an emancipated minor or a minor who is not residing with the parent or guardian. The bill provides that this provision does not apply to a hearing or vision examination.
   The bill requires each school district to publish all of the following information related to the current school year on the school district’s internet site: a list of all materials that will be used to teach students in each class in the school district; a list of all persons in direct contact with students enrolled in the school district who contract with or otherwise receive moneys from the board of directors of the school district; a list of all books available to students in the classroom and in libraries operated by the school district; a detailed explanation of the procedures in effect for the parent or guardian of a student enrolled in the school district to request the removal of educational material that is available to students in the classroom or in a library operated by the school district; and a detailed explanation of the procedures in effect to request the review of decisions made by the board of directors of the school district. The bill also requires each school district to update this information at least two times each semester or at the start of each trimester, as applicable.
   The bill requires each school district to notify the department of education that the board of directors of the school district has removed a book from a library operated by the school district, a classroom, or any area on school district property within seven days after removal. The bill also requires the department to make available on the department’s internet site, and update at least monthly, a comprehensive list (removal list) of all of these notices, sortable by the book’s title and author and the school districts that have removed the book from libraries operated by the school district, classrooms, or any areas on school property. 
   The bill enacts new Code section 279.80, which requires a school district to immediately notify the parent or guardian of a minor child enrolled in the school district if any employee of the school district reasonably believes the minor child has expressed a gender identity that is different than the biological sex listed on the minor child’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the minor child’s birth. The bill provides that, notwithstanding this provision, if a school district determines that notifying the parent or guardian of a minor child enrolled in the school district is likely to lead to a case of child abuse as defined in Code section 232.68, the school district shall not notify the parent or guardian and shall immediately report the school district’s safety concerns to the department of health and human services so that the department may determine whether the minor child is a child in need of assistance under Code chapter 232 (juvenile justice).
   New Code section 279.80 authorizes the parent or guardian of a minor child enrolled in a school district to access and review all school records related to the minor child unless Code chapter 232, subchapter III, part 2 (child abuse reporting, assessment, and rehabilitation), prohibits the record from being disclosed.
   New Code section 279.80 provides that a school district must receive the prior written consent of a minor child’s parent or guardian before allowing a minor child enrolled in the school district to check out or access any book that is on the removal list.
   New Code section 279.80 provides that a school district must receive the prior written consent of the parent or guardian of a minor child enrolled in the school district before allowing any employee of the school district to address the minor child using a nickname or a pronoun that does not correspond to the biological sex that is listed on the minor child’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the minor child’s birth.
   New Code section 279.80 prohibits a school district from requiring any minor child enrolled in the school district to engage in any activity or instruction provided by a guest lecturer or outside presenter, or any activity or instruction that involves obscene material or sexually explicit material, without providing the minor child’s parent or guardian with notice at least 48 hours prior to the activity or instruction. New Code section 279.80 also prohibits a school district from allowing a minor child to engage in the activity or instruction if the minor child’s parent or guardian provides notice to the school district requesting that the minor child be excused from the activity or instruction.
   The bill provides that if the department of education determines that a school district has violated the provisions of new Code section 279.80, the school district shall be subject to the following: for the first violation, the department shall issue a written warning to the board of directors, and for a second or subsequent violation, the department shall assess a civil penalty against the school district not to exceed $5,000. The bill also provides that revenue from this civil penalty shall be appropriated to the department for purposes of training the employees of school districts that have violated new Code section 279.80 on the requirements of new Code section 279.80.
   The bill requires the state board of education to adopt rules to administer new Code section 279.80.
   The bill provides that a child of compulsory attendance age who is identified as requiring special education is eligible for placement under competent private instruction without prior approval of the placement by the director of special education of an area education agency. The bill also provides that a child who is identified as requiring special education may request dual enrollment and the appropriate special education services for the child shall be determined pursuant to Code chapter 256B (special education).
   The bill enacts new Code section 601.1, which provides that a parent or guardian bears the ultimate responsibility to make decisions affecting the parent’s or guardian’s minor child, including decisions related to the minor child’s medical care, moral upbringing, religious upbringing, residence, education, and extracurricular activities.
   The bill provides that new Code section 601.1 shall not be construed to prohibit a minor child from receiving medical attention in an emergent care situation or to prohibit a person from cooperating in a child abuse assessment.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.