Senate File 496 S-3097 Amend Senate File 496 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 256.11, unnumbered paragraph 1, Code 4 2023, is amended to read as follows: 5 The state board shall adopt rules under chapter 17A and 6 a procedure for accrediting all public and nonpublic schools 7 in Iowa offering instruction at any or all levels from the 8 prekindergarten level through grade twelve. The rules of 9 the state board shall require that a an age-appropriate, 10 multicultural, and gender-fair approach is used by schools and 11 school districts. The educational program shall be taught from 12 a an age-appropriate, multicultural, and gender-fair approach. 13 Global perspectives shall be incorporated into all levels of 14 the educational program. The rules adopted by the state board 15 pursuant to section 256.17, Code Supplement 1987 , to establish 16 new standards shall satisfy the requirements of this section to 17 adopt rules to implement the educational program contained in 18 this section . The educational program shall be as follows: 19 Sec. 2. Section 256.11, subsections 2, 3, 4, and 9, Code 20 2023, are amended to read as follows: 21 2. The kindergarten program shall include experiences 22 designed to develop healthy emotional and social habits and 23 growth in the language arts and communication skills, as well 24 as a capacity for the completion of individual tasks, and 25 protect and increase physical well-being with attention given 26 to experiences relating to the development of life skills and , 27 subject to section 279.80, age-appropriate and research-based 28 human growth and development. A kindergarten teacher shall be 29 licensed to teach in kindergarten. An accredited nonpublic 30 school must meet the requirements of this subsection only if 31 the nonpublic school offers a kindergarten program ; provided, 32 however, that section 279.80 shall not apply to a nonpublic 33 school . 34 3. The following areas shall be taught in grades one through 35 -1- SF 496.1328 (1) 90 jda/rh 1/ 15 #1.

six: English-language arts, social studies, mathematics, 1 science, health, age-appropriate and research-based 2 human growth and development, physical education, traffic 3 safety, music, and visual art , and, subject to section 4 279.80, age-appropriate and research-based human growth and 5 development . Computer science instruction incorporating 6 the standards established under section 256.7, subsection 7 26 , paragraph “a” , subparagraph (4), shall be offered in 8 at least one grade level commencing with the school year 9 beginning July 1, 2023. The health curriculum shall include 10 the characteristics of communicable diseases including acquired 11 immune deficiency syndrome . The state board as part of 12 accreditation standards shall adopt curriculum definitions for 13 implementing the elementary program. 14 4. The following shall be taught in grades seven and 15 eight: English-language arts; social studies; mathematics; 16 science; health; age-appropriate and research-based human 17 growth and development; career exploration and development; 18 physical education; music; and visual art. Computer science 19 instruction incorporating the standards established under 20 section 256.7, subsection 26 , paragraph “a” , subparagraph (4), 21 shall be offered in at least one grade level commencing with 22 the school year beginning July 1, 2023. Career exploration 23 and development shall be designed so that students are 24 appropriately prepared to create an individual career 25 and academic plan pursuant to section 279.61 , incorporate 26 foundational career and technical education concepts aligned 27 with the six career and technical education service areas 28 as defined in subsection 5 , paragraph “h” , and incorporate 29 relevant twenty-first century skills. The health curriculum 30 shall include age-appropriate and research-based information 31 regarding the characteristics of sexually transmitted diseases , 32 including HPV and the availability of a vaccine to prevent 33 HPV, and acquired immune deficiency syndrome . The state board 34 as part of accreditation standards shall adopt curriculum 35 -2- SF 496.1328 (1) 90 jda/rh 2/ 15

definitions for implementing the program in grades seven 1 and eight. However, this subsection shall not apply to the 2 teaching of career exploration and development in nonpublic 3 schools. For purposes of this section , “age-appropriate” , 4 “HPV” , and “research-based” mean the same as defined in section 5 279.50 . 6 9. a. Beginning July 1, 2006, each school district shall 7 have a qualified teacher librarian who shall be licensed by 8 the board of educational examiners under chapter 272 chapter 9 256 . Each school district shall establish a kindergarten 10 through grade twelve library program that is consistent with 11 the educational standards established in this section, contains 12 only age-appropriate materials, and supports the student 13 achievement goals of the total school curriculum. 14 b. The state board shall establish in rule a definition 15 of and standards for an articulated sequential kindergarten 16 through grade twelve media program. 17 c. A school district that entered into a contract with an 18 individual for employment as a media specialist or librarian 19 prior to June 1, 2006, shall be considered to be in compliance 20 with this subsection until June 30, 2011, if the individual 21 is making annual progress toward meeting the requirements 22 for a teacher librarian endorsement issued by the board of 23 educational examiners under chapter 272 chapter 256 . A school 24 district that entered into a contract with an individual for 25 employment as a media specialist or librarian who holds at 26 least a master’s degree in library and information studies 27 shall be considered to be in compliance with this subsection 28 until the individual leaves the employ of the school district. 29 Sec. 3. Section 256.11, subsection 5, paragraph b, Code 30 2023, is amended to read as follows: 31 b. (1) Five units of the social studies including 32 instruction in voting statutes and procedures, voter 33 registration requirements, the use of paper ballots and voting 34 systems in the election process, and the method of acquiring 35 -3- SF 496.1328 (1) 90 jda/rh 3/ 15

and casting an absentee ballot. All students shall complete a 1 minimum of one-half unit of United States government and one 2 unit of United States history. 3 (2) The one-half unit of United States government shall 4 include the all of the following: 5 (a) The voting procedure as described in this lettered 6 paragraph and section 280.9A . The government instruction shall 7 also include a 8 (b) A study of the Constitution of the United States and the 9 Bill of Rights contained in the Constitution and an assessment 10 of a student’s knowledge of the Constitution and the Bill of 11 Rights. 12 (c) (i) An assessment of the student’s knowledge of 13 United States government and civics that includes the nature, 14 purpose, structure, function, and history of the United States 15 government, the rights and responsibilities of citizens of 16 the United States, and important United States government and 17 civic leaders. The most recent version of the civics test 18 developed by the United States citizenship and immigration 19 services shall be used as the assessment required by this 20 subparagraph division. On or before June 30 of each year, each 21 school district and accredited nonpublic school shall submit 22 the results of the assessment required by this subparagraph 23 division to the department. 24 (ii) The school district or accredited nonpublic school 25 may modify the civics test developed by the United States 26 citizenship and immigration services for a student who has an 27 individualized education program. 28 (iii) A student shall answer at least seventy percent of 29 the questions on the civics test developed by the United States 30 citizenship and immigration services correctly as a condition 31 of graduation. A student who fails to answer at least seventy 32 percent of the questions on the civics test correctly may 33 retake the civics test as many times as necessary. 34 Sec. 4. Section 256.11, subsection 5, paragraph j, 35 -4- SF 496.1328 (1) 90 jda/rh 4/ 15

subparagraph (1), Code 2023, is amended to read as follows: 1 (1) One unit of health education which shall include 2 personal health; food and nutrition; environmental health; 3 safety and survival skills; consumer health; family life; 4 age-appropriate and research-based human growth and 5 development; substance abuse and nonuse; emotional and 6 social health; health resources; and prevention and control 7 of disease, including age-appropriate and research-based 8 information regarding sexually transmitted diseases , including 9 HPV and the availability of a vaccine to prevent HPV, and 10 acquired immune deficiency syndrome . 11 Sec. 5. Section 256.11, Code 2023, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 19. For purposes of this section: 14 a. (1) “Age-appropriate” means topics, messages, and 15 teaching methods suitable to particular ages or age groups 16 of children and adolescents, based on developing cognitive, 17 emotional, and behavioral capacity typical for the age or age 18 group. “Age-appropriate” does not include any material with 19 descriptions or visual depictions of a sex act as defined in 20 section 702.17. 21 (2) Notwithstanding subparagraph (1), for purposes of the 22 human growth and development curriculum, “age-appropriate” means 23 the same as defined in section 279.50. 24 b. “Research-based” means the same as defined in section 25 279.50. 26 Sec. 6. Section 256E.7, subsection 2, paragraph i, Code 27 2023, is amended to read as follows: 28 i. Be subject to and comply with section 279.76 relating 29 to physical examinations , and health screenings , and formal 30 examinations or surveys designed to assess a student’s mental, 31 emotional, or physical health in the same manner as a school 32 district. 33 Sec. 7. Section 256E.7, subsection 2, Code 2023, is amended 34 by adding the following new paragraphs: 35 -5- SF 496.1328 (1) 90 jda/rh 5/ 15

NEW PARAGRAPH . 0j. Be subject to and comply with the 1 requirements of section 279.78 relating to notifications 2 required to be provided to the parents and guardians of minor 3 children and the rights of parents and guardians of minor 4 children in the same manner as a school district. 5 NEW PARAGRAPH . 00j. Be subject to and comply with the 6 requirements of section 279.79 relating to student, employee, 7 and contractor participation in surveys, analyses, activities, 8 or evaluations in the same manner as a school district. 9 NEW PARAGRAPH . 000j. Be subject to and comply with the 10 requirements of section 279.80 relating to sexual orientation 11 and gender identity instruction in kindergarten through grade 12 six in the same manner as a school district. 13 Sec. 8. Section 256F.4, subsection 2, paragraph k, Code 14 2023, is amended to read as follows: 15 k. Be subject to and comply with section 279.76 relating 16 to physical examinations , and health screenings , and formal 17 examinations or surveys designed to assess a student’s mental, 18 emotional, or physical health in the same manner as a school 19 district. 20 Sec. 9. Section 256F.4, subsection 2, Code 2023, is amended 21 by adding the following new paragraphs: 22 NEW PARAGRAPH . l. Be subject to and comply with the 23 requirements of section 279.78 relating to notifications 24 required to be provided to the parents and guardians of minor 25 children and the rights of parents and guardians of minor 26 children in the same manner as a school district. 27 NEW PARAGRAPH . m. Be subject to and comply with the 28 requirements of section 279.79 relating to student, employee, 29 and contractor participation in surveys, analyses, activities, 30 or evaluations in the same manner as a school district. 31 NEW PARAGRAPH . n. Be subject to and comply with the 32 requirements of section 279.80 relating to sexual orientation 33 and gender identity instruction in kindergarten through grade 34 six in the same manner as a school district. 35 -6- SF 496.1328 (1) 90 jda/rh 6/ 15

Sec. 10. Section 279.50, subsections 1 and 2, Code 2023, are 1 amended to read as follows: 2 1. Each Subject to section 279.80, each school board shall 3 provide instruction in kindergarten which gives attention 4 to experiences relating to life skills and human growth and 5 development as required in section 256.11 . School districts 6 shall use research provided in section 256.9, subsection 46 , 7 paragraph “b” , to evaluate and upgrade their instructional 8 materials and teaching strategies for human growth and 9 development. 10 2. Each school board shall provide age-appropriate and 11 research-based instruction in human growth and development 12 including instruction regarding human sexuality, self-esteem, 13 stress management, interpersonal relationships, domestic 14 abuse, HPV and the availability of a vaccine to prevent HPV, 15 and acquired immune deficiency syndrome and the prevention and 16 control of disease, including sexually transmitted diseases as 17 required in section 256.11 , in grades one seven through twelve. 18 Sec. 11. Section 279.50, Code 2023, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 1A. Subject to section 279.80, each 21 school board shall provide age-appropriate and research-based 22 instruction in human growth and development including 23 instruction regarding self-esteem, stress management, 24 interpersonal relationships, and domestic abuse in grades one 25 through six. 26 Sec. 12. Section 279.50, subsection 9, paragraphs b and c, 27 Code 2023, are amended by striking the paragraphs. 28 Sec. 13. Section 279.76, subsection 1, Code 2023, is amended 29 to read as follows: 30 1. a. Each school district is prohibited from administering 31 or conducting an invasive physical examination of a student, 32 or a student health screening that is not required by state or 33 federal law, or a formal examination or survey of a student 34 that is designed to assess the student’s mental, emotional, or 35 -7- SF 496.1328 (1) 90 jda/rh 7/ 15

physical health that is not required by state or federal law, 1 without first acquiring the written consent of the student’s 2 parent or guardian. This section applies only to a minor child 3 in the direct care of a parent or guardian, and does not apply 4 to an emancipated minor or a minor who is not residing with the 5 parent or guardian. 6 b. Each school district shall give written notice to a 7 student’s parent or guardian of an examination or survey of 8 the student required by state or federal law that is designed 9 to assess the student’s mental, emotional, or physical health 10 not less than seven days prior to the examination or survey. 11 The notice shall include a copy of the examination or survey 12 or a link to an internet site where the parent or guardian may 13 access the examination or survey. 14 c. This subsection shall not apply to a hearing or vision 15 examination. 16 Sec. 14. NEW SECTION . 279.77 Transparency —— publication 17 of school district information. 18 1. Each school district shall publish all of the following 19 information related to the current school year on the school 20 district’s internet site: 21 a. A comprehensive list of all persons in direct contact 22 with students enrolled in the school district who contract with 23 or otherwise receive moneys from the board of directors of the 24 school district. 25 b. A detailed explanation of the procedures or policies 26 in effect for the parent or guardian of a student enrolled in 27 the school district to request the removal of a book, article, 28 outline, handout, video, or other educational material that is 29 available to students in the classroom or in a library operated 30 by the school district. Each school district shall prominently 31 display the detailed explanation on the school district’s 32 internet site. 33 c. A detailed explanation of the procedures or policies in 34 effect to request the review of decisions made by the board 35 -8- SF 496.1328 (1) 90 jda/rh 8/ 15

of directors of the school district, including the petition 1 process established pursuant to section 279.8B. 2 2. The board of directors of each school district shall 3 adopt a policy describing the procedures for the parent or 4 guardian of a student enrolled in the school district to review 5 the instructional materials used in the student’s classroom. 6 The policy shall include a process for the student’s parent 7 or guardian to request that the student not be provided 8 with certain instructional materials. The policy shall be 9 prominently displayed on the school district’s internet site 10 and the board of directors of the school district shall, at 11 least annually, provide a written or electronic copy of the 12 policy to the parent or guardian of each student enrolled 13 in the school district. For purposes of this section, 14 “instructional materials” means either printed or electronic 15 textbooks and related core materials that are written and 16 published primarily for use in elementary school and secondary 17 school instruction and are required by a state educational 18 agency or local educational agency for use by students in the 19 student’s classes by the teacher of record. “Instructional 20 materials” does not include lesson plans. 21 3. Each school district shall make available to the parent 22 or guardian of each student enrolled in the school district 23 a comprehensive list of all books available to students in 24 libraries operated by the school district by providing a link 25 on the school district’s internet site to the electronic 26 catalog of the books available in the libraries operated by the 27 school district. However, for school years beginning prior to 28 July 1, 2025, if the school district does not use an electronic 29 catalog, the school district may request a waiver from this 30 requirement from the department of education. 31 4. This section shall not be construed to require a school 32 district to do any of the following: 33 a. Reproduce educational materials that were not created by 34 a person employed by the board of directors. 35 -9- SF 496.1328 (1) 90 jda/rh 9/ 15

b. Distribute any educational materials in a manner that 1 would infringe on the intellectual property rights of any 2 person. 3 Sec. 15. NEW SECTION . 279.78 Parental rights in education. 4 1. As used in this section: 5 a. “Gender identity” means the same as defined in section 6 216.2. 7 b. “Minor child” means an individual under eighteen years 8 of age. 9 2. a. Each school district shall immediately notify the 10 parent or guardian of a minor child enrolled in the school 11 district if any employee of the school district reasonably 12 believes that the minor child has expressed a gender identity 13 that is different than the biological sex listed on the minor 14 child’s official birth certificate or certificate issued upon 15 adoption if the certificate was issued at or near the time of 16 the minor child’s birth. 17 b. Notwithstanding paragraph “a” , if a school district 18 determines based on actual threats to the health, safety, or 19 welfare of a minor child enrolled in the school district that 20 notifying the parent or guardian of the minor child pursuant 21 to paragraph “a” may result in serious harm to the minor child, 22 the school district shall not notify the parent or guardian and 23 shall instead immediately report the school district’s safety 24 concerns to the department of health and human services so that 25 the department may determine whether the minor child is a child 26 in need of assistance under chapter 232. 27 3. The parent or guardian of a minor child enrolled in 28 a school district may access and review all school records 29 related to the minor child, including teacher evaluations of 30 the minor child and associated notes, evaluation information, 31 and documents created by the minor child, unless the federal 32 Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, or 33 chapter 232, subchapter III, part 2, prohibits the record from 34 being disclosed. 35 -10- SF 496.1328 (1) 90 jda/rh 10/ 15

4. A school district must receive the prior written consent 1 of the parent or guardian of a minor child enrolled in the 2 school district before recognizing the minor child’s request to 3 change the minor child’s name or pronoun to a name or pronoun 4 that is different from the name or pronoun assigned to the 5 minor child in the school district’s registration forms or 6 records. 7 5. If, after investigation, the department of education 8 determines that a school district or an employee of a school 9 district has violated this section, the school district or 10 employee of the school district, as applicable, shall be 11 subject to the following: 12 a. For the first violation of this section, the department 13 of education shall issue a written warning to the board 14 of directors of the school district or the employee, as 15 applicable. 16 b. (1) For a second or subsequent violation of this 17 section, if the department of education finds that a school 18 district knowingly violated this section, the superintendent of 19 the school district shall be subject to a hearing conducted by 20 the board of educational examiners pursuant to section 272.2, 21 subsection 14, which may result in disciplinary action. 22 (2) For a second or subsequent violation of this section, 23 if the department of education finds that an employee of 24 the school district who holds a license, certificate, 25 authorization, or statement of recognition issued by the board 26 of educational examiners knowingly violated this section, the 27 employee shall be subject to a hearing conducted by the board 28 of educational examiners pursuant to section 272.2, subsection 29 14, which may result in disciplinary action. 30 6. The state board of education shall adopt rules pursuant 31 to chapter 17A to administer this section. 32 Sec. 16. NEW SECTION . 279.79 Protection of student rights. 33 1. The board of directors of a school district must 34 receive the prior written consent of a student’s parent or 35 -11- SF 496.1328 (1) 90 jda/rh 11/ 15

guardian before requiring a student to take part in any survey, 1 analysis, activity, or evaluation that reveals information 2 concerning any of the following about the student or the 3 student’s family, whether the information is personally 4 identifiable or not: 5 a. The political affiliations or beliefs of the student or 6 the student’s parent or guardian. 7 b. Mental or psychological problems of the student or the 8 student’s family. 9 c. Sexual behavior, orientation, or attitudes. 10 d. Illegal, antisocial, self-incriminating, or demeaning 11 behavior. 12 e. Critical appraisals of other individuals with whom the 13 student has close familial relationships. 14 f. Legally recognized privileged or analogous relationships, 15 such as those of attorneys, physicians, or ministers. 16 g. Religious practices, affiliations, or beliefs of the 17 student or the student’s parent or guardian. 18 h. Income, except when required by law to determine 19 eligibility for participation in a program or for receiving 20 financial assistance under such a program. 21 2. An employee of a school district, or a contractor engaged 22 by a school district, shall not answer any question pertaining 23 to any particular student enrolled in the school district 24 in any survey related to the social or emotional abilities, 25 competencies, or characteristics of the student, unless the 26 board of directors of the school district satisfies all of the 27 following requirements: 28 a. The board of directors of the school district provides to 29 the parent or guardian of each student enrolled in the school 30 district detailed information related to the survey, including 31 the person who created the survey, the person who sponsors the 32 survey, how information generated by the survey is used, and 33 how information generated by the survey is stored. 34 b. The board of directors of the school district receives 35 -12- SF 496.1328 (1) 90 jda/rh 12/ 15

the written consent from a student’s parent or guardian 1 authorizing the employee or contractor to answer questions in 2 the survey pertaining to the student. 3 3. Subsection 2 shall not be construed to prohibit an 4 employee of a school district, or a contractor engaged by a 5 school district, from answering questions pertaining to any 6 particular student enrolled in the school district as part of 7 the process of developing or implementing an individualized 8 education program for such student. 9 Sec. 17. NEW SECTION . 279.80 Sexual orientation and gender 10 identity —— prohibited instruction. 11 1. As used in this section: 12 a. “Gender identity” means the same as defined in section 13 216.2. 14 b. “Sexual orientation” means the same as defined in section 15 216.2. 16 2. A school district shall not provide any program, 17 curriculum, test, survey, questionnaire, promotion, or 18 instruction relating to gender identity or sexual orientation 19 to students in kindergarten through grade six. 20 Sec. 18. Section 299A.9, subsection 1, Code 2023, is amended 21 to read as follows: 22 1. A child of compulsory attendance age who is identified 23 as requiring special education under chapter 256B is eligible 24 for placement under competent private instruction with prior 25 approval of the placement by the director of special education 26 of the area education agency of the child’s district of 27 residence . 28 Sec. 19. Section 299A.9, Code 2023, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 3. The parent, guardian, or legal custodian 31 of a child who is identified as requiring special education 32 may request dual enrollment pursuant to section 299A.8. The 33 appropriate special education services for the child shall be 34 determined pursuant to chapter 256B and rules adopted pursuant 35 -13- SF 496.1328 (1) 90 jda/rh 13/ 15

to chapter 256B. 1 Sec. 20. NEW SECTION . 601.1 Parents and guardians —— 2 rights. 3 1. For purposes of this section: 4 a. “Emergent care situation” means a sudden or unforeseen 5 occurrence or onset of a medical or behavioral condition that 6 could result in serious injury or harm to a minor child in the 7 event immediate medical attention is not provided. 8 b. “Medical care” means any care, treatment, service, or 9 procedure to prevent, diagnose, alleviate, treat, or cure a 10 minor child’s physical or mental condition. 11 c. “Minor child” means an unmarried and unemancipated person 12 under the age of eighteen years. 13 2. Subject to section 147.64, if enacted by 2023 Iowa 14 Acts, Senate File 538, a parent or guardian bears the ultimate 15 responsibility, and has the fundamental, constitutionally 16 protected right, to make decisions affecting the parent’s 17 or guardian’s minor child, including decisions related to 18 the minor child’s medical care, moral upbringing, religious 19 upbringing, residence, education, and extracurricular 20 activities. Any and all restrictions of this right shall be 21 subject to strict scrutiny. 22 3. This section shall not be construed to prohibit any of 23 the following: 24 a. A minor child from receiving medical attention in an 25 emergent care situation. 26 b. A person from cooperating in a child abuse assessment 27 commenced in accordance with section 232.71B. 28 c. A court, law enforcement officer, or an employee of a 29 governmental entity that is responsible for child welfare from 30 acting in the court’s, law enforcement officer’s, or employee’s 31 official capacity and scope of authority. 32 d. A court from issuing an order that is otherwise permitted 33 by law. 34 4. This section shall not be construed to authorize a parent 35 -14- SF 496.1328 (1) 90 jda/rh 14/ 15

or guardian to engage in conduct that is unlawful or to abuse 1 or neglect a minor child in violation of the laws of this 2 state. 3 5. The rights guaranteed to parents and guardians by this 4 section are not a comprehensive list of the rights reserved 5 to parents or guardians of a minor child. The enumeration of 6 the rights contained in this section shall not be construed to 7 limit the rights reserved to parents or guardians of a minor 8 child. 9 Sec. 21. IMPLEMENTATION OF ACT. Section 25B.2, subsection 10 3, shall not apply to this Act. > 11 2. Title page, by striking lines 3 through 7 and inserting 12 < decisions affecting the parent’s or guardian’s child, 13 prohibiting instruction related to gender identity and 14 sexual orientation in school districts, charter schools, and 15 innovation zone schools in kindergarten through grade six, and 16 modifying provisions related to student health screenings, 17 school district library programs, the educational program 18 provided to students enrolled in school districts, accredited 19 nonpublic schools, and charter schools, other duties of school 20 districts and the governing boards of charter schools and 21 innovation zone schools, competent private > 22 ______________________________ KEN ROZENBOOM -15- SF 496.1328 (1) 90 jda/rh 15/ 15 #2.