House File 348 H-1066 Amend House File 348 as follows: 1 1. Page 1, line 32, by striking < paragraph > and inserting 2 < paragraphs > 3 2. Page 2, after line 1 by inserting: 4 < NEW PARAGRAPH . 00j. Be subject to and comply with the 5 requirements of section 279.78 relating to actions associated 6 with the gender identity of students in the same manner as a 7 school district. > 8 3. Page 3, by striking lines 2 and 3 and inserting 9 < curriculum, test, survey, questionnaire, promotion, or 10 instruction relating > 11 4. Page 3, after line 5 by inserting: 12 < 3. a. If, as a result of complying with the requirements 13 of this section, a civil action is instituted against a member 14 of the board of directors of a school district, a school 15 district, or an employee of a school district, the attorney 16 general shall provide legal representation at no cost to the 17 member of the board of directors of the school district, the 18 school district, or the employee of a school district in the 19 civil action. 20 b. In addition to the expenses of legal representation, 21 the state shall assume financial responsibility for any other 22 expenses related to the civil action described in paragraph “a” 23 incurred by the member of the board of directors of a school 24 district, the school district, or the employee of the school 25 district, including any award for attorney fees or court costs 26 and the loss of any federal funds as a result of the civil 27 action. > 28 5. Page 3, before line 6 by inserting: 29 < Sec. ___. NEW SECTION . 279.78 Gender identity —— parental 30 or guardian consent —— prohibitions. 31 1. A school district shall not do any of the following: 32 a. Coerce any student to withhold information from the 33 student’s parent or guardian related to the student’s gender 34 identity. 35 -1- HF 348.959 (2) 90 jda/jh 1/ 3 #1. #2. #3. #4. #5.
b. Knowingly give false or misleading information to, 1 the parent or guardian of a student regarding the student’s 2 gender identity or intention to transition to a gender that 3 is different than the sex listed on a student’s official 4 birth certificate or certificate issued upon adoption if the 5 certificate was issued at or near the time of the student’s 6 birth. 7 c. Encourage, pressure, or coerce a student to undergo any 8 medical procedure, treatment, or intervention that is designed 9 to affirm the student’s gender identity if that gender identity 10 is different than the sex listed on a student’s official 11 birth certificate or certificate issued upon adoption if the 12 certificate was issued at or near the time of the student’s 13 birth. 14 d. Encourage, pressure, or coerce a student’s parent or 15 guardian to allow the student to undergo any medical procedure, 16 treatment, or intervention that is designed to affirm the 17 student’s gender identity if that gender identity is different 18 than the sex listed on the student’s official birth certificate 19 or certificate issued upon adoption if the certificate was 20 issued at or near the time of the student’s birth. 21 2. a. If a student enrolled in a school district requests 22 an accommodation that is intended to affirm the student’s 23 gender identity from a licensed practitioner employed by the 24 school district, the licensed practitioner shall report the 25 student’s request to an administrator employed by the school 26 district. 27 b. A school district shall not facilitate an accommodation 28 described in paragraph “a” unless an administrator notifies 29 the student’s parent or guardian of the request for an 30 accommodation and the parent or guardian provides written 31 consent to the accommodation. 32 3. A school district shall not do any of the following 33 unless the parent or guardian of an unemancipated minor who is 34 enrolled in the school district provides written consent: 35 -2- HF 348.959 (2) 90 jda/jh 2/ 3
a. Change the name or pronoun of the unemancipated minor on 1 the school district’s registration forms or records. 2 b. Facilitate any accommodation that is intended to affirm 3 the unemancipated minor’s gender identity, if that gender 4 identity is different than the sex listed on the unemancipated 5 minor’s official birth certificate or certificate issued upon 6 adoption if the certificate was issued at or near the time of 7 the unemancipated minor’s birth. 8 4. For purposes of this section, “gender identity” means the 9 same as defined in section 216.2. > 10 6. Title page, by striking lines 1 through 3 and inserting 11 < An Act relating to education by prohibiting instruction 12 related to gender identity and sexual orientation in school 13 districts and charter schools in kindergarten through grade 14 six and modifying the responsibilities of school districts and 15 charter schools with respect to the gender identity of students 16 enrolled in the school district or charter school. > 17 7. By renumbering as necessary. 18 ______________________________ WHEELER of Sioux -3- HF 348.959 (2) 90 jda/jh 3/ 3 #6. #7.