S-3117

   Amend Senate File 496, as amended, passed, and reprinted by the Senate, as follows:
   1.  By striking everything after the enacting clause and inserting: 
<DIVISION I
SCHOOL BOARDS —— DUTIES AND RESPONSIBILITIES

   Section 1.  NEW SECTION.  279.8C  Board of directors —— access to information.
   1.  The board of directors of a school district shall have access to and may review any of the following:
   a.  The curriculum associated with any instruction provided to students enrolled in the school district.
   b.  Materials located in a library operated by the school district, including a library located in a classroom.
   2.  A school district shall not prohibit a member of the board of directors of the school district from attending classes taught by teachers employed by the school district to observe classroom instruction, not for the purpose of evaluation, if the member has provided reasonable prior notice to the superintendent and principal of the attendance center in which the classes are taught and to the teacher providing the instruction.
   3.  a.  A school district shall not prohibit a member of the board of directors of the school district from accessing materials used in a professional development program that the school district, or an administrator employed by the school district, requires employees of the school district to attend. This paragraph shall not be construed to authorize a member of the board of directors of the school district to access an individual teacher professional development plan developed pursuant to section 284.6 or any materials related to an intensive assistance program a teacher is required to participate in pursuant to section 284.8.
   b.  A school district, or an administrator employed by the school district, shall provide copies of materials used in a professional development program that the school district, or an administrator employed by the school district, requires employees of the school district to attend to a member of the board of directors of the school district upon request. This paragraph shall not be construed to require a school district, or an administrator employed by the school district, to provide copies of an individual teacher professional development plan developed pursuant to section 284.6, or any materials related to an intensive assistance program a teacher is required to participate in pursuant to section 284.8, to a member of the board of directors of the school district.
   4.  For purposes of this section, “professional development program” means the same as defined in section 272.1.
DIVISION II
RESPONSIBILITIES AND REQUIREMENTS RELATED TO HEALTH

   Sec. 2.  DEPARTMENT OF EDUCATION —— HEALTH CARE-RELATED TRAINING FOR SCHOOL PERSONNEL WORK GROUP.
   1.  The department of education shall convene and provide administrative support to a health care-related training for school personnel work group. The work group shall review and develop a plan to ensure Iowa educators have the health care training necessary to perform their duties and responsibilities, and shall consider and submit recommendations for delivery and implementation of training required under state law or rule.
   2.  The work group shall include all of the following:
   a.  (1)  Two members who are staff members from the department of education, one of whom shall be an administrative consultant in the bureau of nutrition and health services. A member appointed under this subparagraph shall coordinate the work group and act as chairperson for the organizational meeting.
   (2)  One member who is a staff member from the Iowa department of health and human services.
   b.  Members who shall represent each of the following:
   (1)  One member from a statewide organization representing teachers.
   (2)  One member from a statewide organization representing school board members.
   (3)  One member from a statewide organization representing school administrators.
   (4)  One member from a statewide organization representing authorities in charge of accredited nonpublic schools.
   (5)  One member representing the area education agencies.
   (6)  One member from a statewide organization representing physicians.
   (7)  One member from a statewide organization representing athletic trainers.
   (8)  One member from a statewide organization representing emergency management services.
   (9)  One member from a statewide organization representing health care organizations.
   (10)  One member from a statewide organization representing school nurses.
   3.  Any expenses incurred by a member of the work group shall be the responsibility of the individual member or the respective entity represented by the member.
   4.  The director of the department of education or the director’s designee shall compile and provide to the work group a list of, and the purposes for, the health care training programs that school personnel are required to complete, as well as any requirements school personnel must meet following such training, in order be in compliance with state law or administrative rule.
   5.  The work group shall do all of the following:
   a.  Identify which trainings can be best provided over the internet, and how such training can be rotated on a five-year basis for school personnel.
   b.  Develop a plan for a regular cycle of health care-related training for school personnel review, with the goal of removing or modifying training or training programs that are no longer relevant, and identifying less costly and more efficient options that still provide the appropriate level of training to school personnel.
   c.  Standardize the process of establishing new training requirements in state law or rule to manage stakeholder expectations relating to the timeline for establishing the requirements.
   d.  Create an ongoing review process to find efficiencies, identify training options that better utilize time and financial resources, and offer a continuous improvement model for the system moving forward.
   e.  Study and make any recommended changes on rules adopted by the state board of education under 281 IAC ch. 14, relating to individual health plans prepared for students with various health conditions.
   f.  Ensure a public comment process for patient advocacy groups and parents to provide input on the recommendations of the work group.
   6.  If the work group recommends elimination or significant modification of certain health care-related training for school personnel, the department of education shall identify stakeholders who would potentially be affected by such change, and shall invite representatives from organizations representing such stakeholders to submit comments before or at an upcoming work group meeting before the work group makes final recommendations.
   7.  The department of education shall compile the work group’s findings and recommendations and shall submit the compilation, including any proposal for legislation, in a report to the general assembly, the governor, and the state board of education by December 1, 2023.
DIVISION III
MANDATORY REPORTERS

   Sec. 3.  Section 232.69, subsection 1, unnumbered paragraph 1, Code 2023, is amended to read as follows:
   The classes of persons enumerated in this subsection shall make a report within twenty-four hours and as provided in section 232.70, of cases of child abuse. In addition, the classes of persons enumerated in this subsection shall make a report of abuse of a child who is under twelve years of age and may make a report of abuse of a child who is twelve years of age or older, which would be defined as child abuse under section 232.68, subsection 2, paragraph “a”, subparagraph (3) or (5), except that the abuse resulted from the acts or omissions of a person other than a person responsible for the care of the child.
   Sec. 4.  Section 232.69, subsection 1, paragraph b, subparagraph (4), Code 2023, is amended to read as follows:
   (4)  A licensed school employee, certified para-educator, holder of a coaching authorization issued under section 272.31,  school employee who is eighteen years of age or older, or an instructor employed by a community college.
   Sec. 5.  Section 232.70, subsection 5, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0f.  If the person making the report is a licensed school employee who reasonably believes the person responsible for the injury is also a licensed school employee, the identity of the licensed school employee the person making the report believes is responsible for the injury.
DIVISION IV
DEPARTMENT OF EDUCATION —— REPORTING AND INVESTIGATION PROCESS

   Sec. 6.  Section 256.9, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  66.  a.  Develop and implement a process for the reporting and investigation of any incident that arises that may reasonably lead to the conclusion that any individual who is employed by the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school, including an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, has committed a felony or, in the case of an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, has engaged in conduct described in section 272.15, subsection 1, paragraph “a”, subparagraph (1), subparagraph divisions (a) through (d).
   b.  The process shall prohibit the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school from entering into any of the following:
   (1)  A written or oral agreement that prohibits the board of directors of the school district, the authorities in charge of an accredited nonpublic school, the governing board of a charter school, an employee of the school district, the accredited nonpublic school, or the charter school, or a contractor of the school district, the accredited nonpublic school, or the charter school from discussing an incident, past performance or actions, past allegations leading to discipline or adverse employment action, or employee resignation with any governmental agent, governmental officer, or any potential employer.
   (2)  A written or oral agreement that waives the liability of an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners related to or arising from an incident, past performance or action, or past allegations of wrongdoing.
   c.  The process shall require the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school to finalize the investigation of the incident even if the employee resigns or the employee’s contract is terminated during the investigation. The board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school, as applicable, shall provide the board of educational examiners with the results of the investigation if the employee who was investigated has a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners.
   d.  The process shall require the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school to take all of the following actions with respect to employees who do not hold a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners:
   (1)  Collect and retain all complaints and reports related to incidents reported under this subsection that are associated with the employee and that relate to the health and safety of students.
   (2)  Notify the school district, accredited nonpublic school, or charter school that employs, or is seeking to employ, the employee of the existence and nature of the complaints and reports related to incidents reported under this subsection that are associated with the employee and that relate to the health and safety of students if contacted by the school district, accredited nonpublic school, or charter school. This subparagraph shall not be construed to require the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school to disclose unfounded, closed investigations.
   e.  The board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school, and contractors of the school district, the accredited nonpublic school, or the charter school shall be immune from any civil liability arising from discussing an incident, past performance or actions, past allegations leading to discipline or adverse employment action, or employee resignation with any governmental agent, governmental officer, or any potential employer.
   f.  If the board of educational examiners finds that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally failed to follow the process established by this subsection regarding an incident, or the reporting requirements established pursuant to section 272.15, related to an employee who holds a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, the board of educational examiners shall assess a fine against an administrator of the school district, the accredited nonpublic school, or the charter school who intentionally failed to ensure compliance with the process of not less than five hundred dollars and not more than five thousand dollars. Payments of the fine provided in this paragraph shall be remitted to the treasurer of the state for deposit in the general fund of the state.
   g.  If the department finds that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally failed to follow the process established by this subsection regarding an incident related to an employee who does not hold a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, the department shall assess a fine against an administrator of the school district, the accredited nonpublic school, or the charter school who intentionally failed to ensure compliance with the process of not less than five hundred dollars and not more than five thousand dollars. Payments of the fine provided in this paragraph shall be remitted to the treasurer of the state for deposit in the general fund of the state.
   h.  If the board of educational examiners finds that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally concealed, or attempted to conceal from any governmental agent, governmental officer, or potential employer a founded incident, or any conduct required to be reported pursuant to section 272.15, related to an employee who holds a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, the board of educational examiners shall assess a fine against an administrator of the school district, the accredited nonpublic school, or the charter school who intentionally assisted in the concealment, or attempted concealment, of an incident, or any conduct required to be reported pursuant to section 272.15, of not more than ten thousand dollars. Payments of the fine provided in this paragraph shall be remitted to the treasurer of the state for deposit in the general fund of the state.
   i.  If the department finds that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally concealed, or attempted to conceal from any governmental agent, governmental officer, or potential employer a founded incident related to an employee who does not hold a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, the department shall assess a fine against an administrator of the school district, the accredited nonpublic school, or the charter school who intentionally assisted in the concealment, or attempted concealment, of an incident of not more than ten thousand dollars. Payments of the fine provided in this paragraph shall be remitted to the treasurer of the state for deposit in the general fund of the state.
DIVISION V
EDUCATIONAL PROGRAM

   Sec. 7.  Section 256.11, unnumbered paragraph 1, Code 2023, is amended to read as follows:
   The state board shall adopt rules under chapter 17A and a procedure for accrediting all public and nonpublic schools in Iowa offering instruction at any or all levels from the prekindergarten level through grade twelve. The rules of the state board shall require that a an age-appropriate, multicultural, and gender-fair approach is used by schools and school districts. The educational program shall be taught from a an age-appropriate, multicultural, and gender-fair approach. Global perspectives shall be incorporated into all levels of the educational program. The rules adopted by the state board pursuant to section 256.17, Code Supplement 1987, to establish new standards shall satisfy the requirements of this section to adopt rules to implement the educational program contained in this section. The educational program shall be as follows:
   Sec. 8.  Section 256.11, subsections 2, 3, 4, and 9, 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 279.80, 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; provided, however, that section 279.80 shall not apply to a nonpublic school.
   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 279.80, 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.
   9.  a.  Beginning July 1, 2006, each school district shall have a qualified teacher librarian who shall be licensed by the board of educational examiners under chapter 272.  Each school district shall establish a kindergarten through grade twelve library program that is consistent with the educational standards established in this section, contains only age-appropriate materials, and supports the student achievement goals of the total school curriculum.
   b.  The state board shall establish in rule a definition of and standards for an articulated sequential kindergarten through grade twelve media program.
   c.  A school district that entered into a contract with an individual for employment as a media specialist or librarian prior to June 1, 2006, shall be considered to be in compliance with this subsection until June 30, 2011, if the individual is making annual progress toward meeting the requirements for a teacher librarian endorsement issued by the board of educational examiners under chapter 272. A school district that entered into a contract with an individual for employment as a media specialist or librarian who holds at least a master’s degree in library and information studies shall be considered to be in compliance with this subsection until the individual leaves the employ of the school district.
   Sec. 9.  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. 10.  Section 256.11, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  19.  For purposes of this section:
   a.  (1)  “Age-appropriate” means topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. “Age-appropriate” does not include any material with graphic descriptions or visual depictions of a sex act as defined in section 702.17.
   (2)  Notwithstanding subparagraph (1), for purposes of the human growth and development curriculum, “age-appropriate” means the same as defined in section 279.50.
   b.  “Research-based” means the same as defined in section 279.50.
DIVISION VI
BOARD OF EDUCATIONAL EXAMINERS —— LICENSES

   Sec. 11.  Section 256.16, subsection 1, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  m.  If a higher education institution providing practitioner preparation offers a program that is designed to assist students in attaining a teacher intern license from the board of educational examiners, the program shall require participants to satisfy all of the following requirements before completing the program:
   (1)  A participant in the program must have graduated from an accredited or state-approved college or university and must meet the requirements for an endorsement area approved by the board of educational examiners for a teacher intern license.
   (2)  A participant in the program must submit with the application to the program a copy of an offer of employment from a school.
   (3)  A participant in the program must complete the required pedagogy training.
   (4)  A participant in the program must work under the supervision of a teacher leader assigned by the school district or accredited nonpublic school, including during co-teaching and planning time.
   Sec. 12.  NEW SECTION.  256.161A  Temporary initial license for applicants who complete an alternative teacher certification program.
   1.  The board shall grant a temporary initial teaching license to an applicant who meets all of the following requirements:
   a.  The applicant shall hold a bachelor’s degree from an accredited college or university.
   b.  The applicant shall successfully complete an alternative teacher certification program that includes all of the following:
   (1)  The required content training in the area in which the applicant seeks to be licensed.
   (2)  Pedagogy training, including an examination, that teaches effective instructional delivery, classroom management and organization, assessment, instructional design, and professional learning and leadership.
   2.  To be considered an alternative teacher certification program for purposes of this section, an alternative teacher certification program shall meet all of the following requirements:
   a.  The alternative teacher certification program must operate in at least five states.
   b.  The alternative teacher certification program must have been in operation for at least ten years.
   3.  An individual who successfully completes an alternative teacher certification program and who is granted a temporary initial teaching license by the board under this section is authorized to teach the subjects and grade levels that the individual successfully completed during the alternative teacher certification program.
   4.  An individual who successfully completes an alternative teacher certification program and who is granted a temporary initial teaching license by the board under this section shall not provide instruction to students who are eligible for services under chapter 256B until the individual successfully completes a practicum relating to providing instruction to such students that includes short-term field experiences in educational settings that are connected to specific coursework.
   5.  The board shall treat an individual who successfully completes an alternative teacher certification program and who is granted a temporary initial teaching license by the board under this section in the same manner as an individual who completes a traditional teacher preparation program and who receives an initial teaching license, including during the process of converting the temporary initial teaching license to a standard teaching license.
   Sec. 13.  Section 272.2, subsection 13, Code 2023, is amended to read as follows:
   13.  Adopt rules to provide for nontraditional preparation options for licensing persons who hold a bachelor’s degree or higher from an accredited or state-approved college or university, who do not meet other requirements for licensure.  The rules shall, at a minimum, require the board to do all of the following:
   a.  Issue a teacher intern license to an applicant who has enrolled in a program established pursuant to section 256.16, subsection 1, paragraph “m”.
   b.  Allow a licensee who has attained a teacher intern license pursuant to paragraph “a” to apply for an initial teaching license if the school that employed the licensee during the licensee’s completion of the program established pursuant to section 256.16, subsection 1, paragraph “m”, and the higher education institution that operated the program, recommend that the licensee be allowed to apply for an initial teaching license.
   Sec. 14.  Section 272.28, Code 2023, is amended to read as follows:
   272.28  Licensure beyond a temporary initial license or an initial license.
   1.  Requirements for teacher licensure beyond a temporary initial license or an initial license shall include successful completion of a beginning teacher mentoring and induction program approved by the state board of education pursuant to section 284.5; or two years of successful teaching experience in a school district with an approved career paths, leadership roles, and compensation framework or approved comparable system as provided in section 284.15; or evidence of not less than three years of successful teaching experience at any of the following:
   a.  An accredited nonpublic school in this state.
   b.  A preschool program approved by the United States department of health and human services.
   c.  Preschool programs at school districts approved to participate in the preschool program under chapter 256C.
   d.  Shared visions programs receiving grants from the child development coordinating council under section 256A.3.
   e.  Preschool programs receiving moneys from the school ready children grants account of the early childhood Iowa fund created in section 256I.11.
   2.  A teacher from an accredited nonpublic school or another state or country is exempt from the requirement of subsection 1 if the teacher can document three years of successful teaching experience and meet or exceed the requirements contained in rules adopted under this chapter for endorsement and licensure.
DIVISION VII
SCHOOL RESPONSIBILITIES

   Sec. 15.  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 formal examinations or surveys designed to assess a student’s mental, emotional, or physical health in the same manner as a school district.
   Sec. 16.  Section 256E.7, subsection 2, Code 2023, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0j.  Be subject to and comply with the requirements of section 279.78 relating to prohibitions and requirements related to the gender identity of students in the same manner as a school district.
   NEW PARAGRAPH.  00j.  Be subject to and comply with the requirements of section 279.79 relating to student, employee, and contractor participation in surveys, analyses, activities, or evaluations in the same manner as a school district.
   NEW PARAGRAPH.  000j.  Be subject to and comply with the requirements of section 279.80 relating to sexual orientation and gender identity instruction in kindergarten through grade six in the same manner as a school district.
   NEW PARAGRAPH.  0000j.  Be subject to and comply with the requirements of section 279.81 relating to prohibiting students from serving on any committees that determine, or provide recommendations related to, whether a material in a school library should be removed.
   NEW PARAGRAPH.  00000j.  Be subject to and comply with the requirements of section 280.33 relating to the reporting and investigation of an incident involving the possible commission of a felony by any person who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners in the same manner as a school district.
   NEW PARAGRAPH.  000000j.  Be subject to and comply with the requirements of section 280.34 relating to the requirement to view the board of educational examiners’ public license information prior to hiring an individual who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners in the same manner as a school district.
   Sec. 17.  NEW SECTION.  256E.13  Extracurricular athletic activities.
   1.  If a charter school established pursuant to this chapter does not offer a particular extracurricular athletic activity, a student enrolled in the charter school may participate in the extracurricular athletic activity provided by the student’s school district of residence as a member of a team from the student’s school district of residence.
   2.  If a student participates in an extracurricular athletic activity provided by the student’s school district of residence pursuant to this section, the student shall be included in the school district’s basic enrollment under section 257.6 and shall be counted as one-tenth of one pupil for purposes of section 257.6.
   3.  The state board may adopt rules pursuant to chapter 17A to administer this section.
   Sec. 18.  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 formal examinations or surveys designed to assess a student’s mental, emotional, or physical health in the same manner as a school district.
   Sec. 19.  Section 256F.4, subsection 2, Code 2023, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  l.  Be subject to and comply with the requirements of section 279.78 relating to prohibitions and requirements related to the gender identity of students in the same manner as a school district.
   NEW PARAGRAPH.  m.  Be subject to and comply with the requirements of section 279.79 relating to student, employee, and contractor participation in surveys, analyses, activities, or evaluations in the same manner as a school district.
   NEW PARAGRAPH.  n.  Be subject to and comply with the requirements of section 279.80 relating to sexual orientation and gender identity instruction in kindergarten through grade six in the same manner as a school district.
   NEW PARAGRAPH.  o.  Be subject to and comply with the requirements of section 279.81 relating to prohibiting students from serving on any committees that determine, or provide recommendations related to, whether a material in a school library should be removed.
   NEW PARAGRAPH.  p.  Be subject to and comply with the requirements of section 280.33 relating to the reporting and investigation of an incident involving the possible commission of a felony by any person who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners in the same manner as a school district.
   NEW PARAGRAPH.  q.  Be subject to and comply with the requirements of section 280.34 relating to the requirement to view the board of educational examiners’ public license information prior to hiring an individual who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners in the same manner as a school district.
   Sec. 20.  Section 257.6, subsection 1, paragraph a, Code 2023, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (10)  In addition to subparagraph (9), resident pupils enrolled in a charter school under chapter 256E who participate in extracurricular athletic activities pursuant to section 256E.13 shall be counted as one-tenth of one pupil.
   Sec. 21.  Section 279.50, subsections 1 and 2, Code 2023, are amended to read as follows:
   1.  Each Subject to section 279.80, 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 seven through twelve.
   Sec. 22.  Section 279.50, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Subject to section 279.80, 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 six.
   Sec. 23.  Section 279.50, subsection 9, paragraphs b and c, Code 2023, are amended by striking the paragraphs.
   Sec. 24.  Section 279.76, subsection 1, Code 2023, is amended to read as follows:
   1.  a.  Each school district is prohibited from administering or conducting an invasive physical examination of a student, or a student health screening that is not required by state or federal law, or a formal 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 section 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.
   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. The notice shall include a copy of the examination or survey or a link to an internet site where the parent or guardian may access the examination or survey.
   c.  This subsection shall not apply to a hearing or vision examination.
   Sec. 25.  NEW SECTION.  279.77  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 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. Each school district shall prominently display the detailed explanation on the school district’s internet site.
   b.  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.  The board of directors of each school district shall adopt a policy describing the procedures for the parent or guardian of a student enrolled in the school district or a resident of the school district to review the instructional materials used in classrooms in the school district. The policy shall include a process for a student’s parent or guardian to request that the student not be provided with certain instructional materials. The policy shall be prominently displayed on the school district’s internet site and the board of directors of the school district shall, at least annually, provide a written or electronic copy of the policy to the parent or guardian of each student enrolled in the school district. For purposes of this section, “instructional materials” means either printed or electronic textbooks and related core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a state educational agency or local educational agency for use by students in the student’s classes by the teacher of record. “Instructional materials” does not include lesson plans.
   3.  Each school district shall make available on the school district’s internet site a comprehensive list of all books available to students in libraries operated by the school district. However, for school years beginning prior to July 1, 2025, if the school district does not use an electronic catalog, the school district may request a waiver from this requirement from the department of education.
   4.  The identity of a parent or guardian who requests 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 pursuant to subsection 1, paragraph “a”, shall be confidential and shall not be a public record subject to disclosure under chapter 22.
   5.  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. 26.  NEW SECTION.  279.78  Parental rights in education.
   1.  As used in this section:
   a.  “Gender identity” means the same as defined in section 216.2.
   b.  “License” means the same as defined in section 272.1.
   c.  “Practitioner” means the same as defined in section 272.1.
   2.  A school district shall not knowingly give false or misleading information to the parent or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the sex listed on a student’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the student’s birth.
   3.  If a student enrolled in a school district requests an accommodation that is intended to affirm the student’s gender identity from a licensed practitioner employed by the school district, including a request that the licensed practitioner address the student using a name or pronoun that is different than the name or pronoun assigned to the student in the school district’s registration forms or records, the licensed practitioner shall report the student’s request to an administrator employed by the school district, and the administrator shall report the student’s request to the student’s parent or guardian.
   Sec. 27.  NEW SECTION.  279.79  Protection of student rights.
   1.  The board of directors of a school district must receive the prior written consent of a student’s parent or guardian before requiring a student to take part in any survey, analysis, activity, or evaluation that reveals information concerning any of the following about the student or the student’s family, whether the information is personally identifiable or not:
   a.  The political affiliations or beliefs of the student or the student’s parent or guardian.
   b.  Mental or psychological problems of the student or the student’s family.
   c.  Sexual behavior, orientation, or attitudes.
   d.  Illegal, antisocial, self-incriminating, or demeaning behavior.
   e.  Critical appraisals of other individuals with whom the student has close familial relationships.
   f.  Legally recognized privileged or analogous relationships, such as those of attorneys, physicians, or ministers.
   g.  Religious practices, affiliations, or beliefs of the student or the student’s parent or guardian.
   h.  Income, except when required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program.
   2.  An employee of a school district, or a contractor engaged by a school district, shall not answer any question pertaining to any particular student enrolled in the school district in any survey related to the social or emotional abilities, competencies, or characteristics of the student, unless the board of directors of the school district satisfies all of the following requirements:
   a.  The board of directors of the school district provides to the parent or guardian of each student enrolled in the school district detailed information related to the survey, including the person who created the survey, the person who sponsors the survey, how information generated by the survey is used, and how information generated by the survey is stored.
   b.  The board of directors of the school district receives the written consent from a student’s parent or guardian authorizing the employee or contractor to answer questions in the survey pertaining to the student.
   3.  Subsection 2 shall not be construed to prohibit an employee of a school district, or a contractor engaged by a school district, from answering questions pertaining to any particular student enrolled in the school district as part of the process of developing or implementing an individualized education program for such student. 
   Sec. 28.  NEW SECTION.  279.80  Sexual orientation and gender identity —— prohibited instruction.
   1.  As used in this section:
   a.  “Gender identity” means the same as defined in section 216.2.
   b.  “Sexual orientation” means the same as defined in section 216.2.
   2.  A school district shall not provide any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six.
   Sec. 29.  NEW SECTION.  279.81  Library materials review committee.
   The board of directors of a school district shall not allow a student to serve on any committee that determines, or provides recommendations related to, whether a material in a library operated by the school district should be removed.
   Sec. 30.  NEW SECTION.  279.82  Intra-district enrollment.
   1.  A parent or guardian of a student enrolled in a school district may enroll the student in another attendance center within the same school district that offers classes at the student’s grade level in the manner provided in this section if, as a result of viewing a recording created by a video surveillance system or a report from a school district employee, the board of directors of the school district determines that any student enrolled in the school district has harassed or bullied the student. For purposes of this subsection, “harassment” and “bullying” mean the same as defined in section 280.28.
   2.  a.  A parent or guardian shall send notification to the board of directors of the school district, on forms prescribed by the department of education, that the parent or guardian intends to enroll the student in another attendance center within the same school district that offers classes at the student’s grade level.
   b.  The board of directors of the school district shall enroll the student in another attendance center within the same school district unless the attendance center has insufficient classroom space for the student. The board of directors of a school district may adopt a policy granting the superintendent of the school district authority to approve requests submitted pursuant to this section. If the request is granted, the board of directors of the school district shall transmit a copy of the form to the parent or guardian within five days after board action. The parent or guardian may withdraw the request at any time prior to the board of directors’ action on the request. A denial of a request by the board of directors is not subject to appeal.
   c.  Each school district shall adopt a policy that defines the term “insufficient classroom space” for that district.
   3.  A request under this section is for a period of not less than one year. A student who attends school in another attendance center pursuant to this section may return to the original attendance center and enroll at any time, once the parent or guardian has notified the board of directors of the school district in writing of the decision to enroll the student in the original attendance center.
   4.  If a request filed under this section is for a student requiring special education under chapter 256B, the request to transfer to another attendance center shall only be granted if all of the following conditions are met:
   a.  The attendance center maintains a special education instructional program that is appropriate to meet the student’s educational needs and the enrollment of the student in the attendance center would not cause the size of the class or caseload in that special education instructional program in the attendance center to exceed the maximum class size or caseload established pursuant to rules adopted by the state board of education.
   b.  If the student would be assigned to a general education class, there is sufficient classroom space for the general education class to which the student would be assigned.
   5.  If a student, for whom a request to transfer has been filed with the board of directors of a school district, has been suspended or expelled in the school district, the student shall not be permitted to transfer until the student has been reinstated. Once the student has been reinstated, however, the student shall be permitted to transfer in the same manner as if the student had not been suspended or expelled. If a student, for whom a request to transfer has been filed with the board of directors of a school district, is expelled in the school district, the student shall be permitted to transfer under this section if the student applies for and is reinstated. However, if the student applies for reinstatement but is not reinstated in the school district, the board of directors of the school district may deny the request to transfer. The decision of the board of directors of the school district is not subject to appeal.
   6.  A student who is enrolled in another attendance center within the same school district pursuant to this section is eligible to participate immediately in varsity interscholastic athletic contests and athletic competitions as a member of a team from the receiving attendance center.
   7.  This section shall not be construed to prohibit a school district from allowing the parent or guardian of a student enrolled in the school district to enroll the student in another attendance center within the same school district that offers classes at the student’s grade level pursuant to a policy adopted by the board of directors of the school district that allows for transfers for reasons in addition to those allowed pursuant to this section.
   8.  The state board of education shall adopt rules pursuant to chapter 17A to administer this section.
   Sec. 31.  NEW SECTION.  279.83  Notice to parents or guardians related to physical injuries, harassment, or bullying.
   An employee of a school district shall notify the parents or guardians of a student enrolled in the school district in writing or by electronic mail within twenty-four hours after the employee witnesses, either directly or indirectly by viewing a recording created by a video surveillance system, any of the following:
   1.  Any student enrolled in the school district physically injuring the student.
   2.  Any student enrolled in the school district harassing or bullying the student. For purposes of this subsection, “harassment” and “bullying” mean the same as defined in section 280.28.
   Sec. 32.  NEW SECTION.  280.13D  Seizure action plan and training requirements.
   1.  For the purposes of this section, unless the context otherwise requires:
   a.  “Individual health plan” means the confidential, written, preplanned, and ongoing special health service developed for a student who requires such service to be incorporated with the student’s educational program.
   b.  “School nurse” means a registered nurse holding current licensure recognized by the board of nursing who practices in the school setting to promote and protect the health of the school population by using knowledge from the nursing, social, and public health sciences.
   c.  “School personnel” means principals, guidance counselors, teachers, and other relevant employees who have direct contact with and supervise children, including school bus drivers and paraeducators. “School personnel” does not include employees who provide child care as part of a child care program described in section 279.49 or 280.3A.
   d.  “Seizure action plan” means a written set of instructions designed to direct caregivers and staff to intervene in the event of a seizure occurrence and is considered a plan for emergencies as a part of an individual health plan.
   2.  a.  Starting with the school year beginning July 1, 2024, the board of directors of each school district and the authorities in charge of each accredited nonpublic school shall have at least one school employee at each school who has met the training requirements necessary to administer or assist with the self-administration of all of the following:
   (1)  A medication approved by the United States food and drug administration to treat seizure disorder symptoms or a medication approved by the United States food and drug administration as a seizure rescue medication.
   (2)  A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet approved by the United States food and drug administration.
   b.  The presence of a school nurse employed full-time by a school district or accredited nonpublic school who assumes responsibility for the administration of seizure medications and the administration oversight of vagus nerve stimulation shall fulfill the requirements of paragraph “a”. This section shall not be construed to require school personnel, other than a school nurse, to administer a suppository to a student.
   3.  a.  On or before December 31, 2025, each public school and each accredited nonpublic school shall provide training to all school personnel on how to recognize the signs and symptoms of seizures and the appropriate steps for seizure first aid.
   b.  Each public school and each accredited nonpublic school shall require school personnel responsible for the supervision or care of students to undergo seizure recognition and first aid training on a biennial basis.
   4.  Any training programs or guidelines adopted by a state agency for the training of school personnel in the health care needs of students diagnosed with a seizure disorder shall be consistent with training programs and guidelines developed by the epilepsy foundation of America or any successor organization.
   5.  This section shall not be construed to limit the authority of a school district, an accredited nonpublic school, or the department of education to require additional seizure disorder training.
   6.  a.  Prior to school personnel administering medication prescribed to treat a student’s seizure disorder symptoms, a school or accredited nonpublic school shall obtain a signed and dated authorization from the student’s parent or guardian that authorizes a person who meets the requirements of subsection 2 to administer medication in accordance with the school’s policy and procedures.
   b.  Authorizations required pursuant to paragraph “a” shall be effective for the school year in which the authorization is granted and must be renewed each school year.
   7.  Upon the request of a student’s parent or guardian, a school district or accredited nonpublic school shall collaborate with the parent or guardian and relevant licensed health care professionals, including the school nurse or education team, in the development of an individual health plan, and a seizure action plan if appropriate, consistent with rules adopted by the state board of education. The individual health plan or seizure action plan shall be based on the student’s needs and may include but is not limited to assessment, nursing diagnosis, outcomes, planning, interventions, student goals, and a plan for emergencies to provide direction in managing the student’s health needs. The plan shall be updated consistent with timelines for individual health plans and with rules adopted by the state board of education.
   8.  a.  Each school district and each accredited nonpublic school shall maintain all authorizations pursuant to subsection 6, individual health plans, and seizure action plans for enrolled students on file in the office of the school nurse or school administrator. 
   b.  Each school district and each accredited nonpublic school shall distribute information regarding a student’s seizure action plan to any school personnel responsible for the supervision or care of the student.
   9.  The requirements of subsections 6, 7, and 8 shall only apply to a school district or accredited nonpublic school that has either of the following:
   a.  An enrolled student with a known diagnosis of epilepsy or seizure disorder.
   b.  An enrolled student who is known to currently be taking medication prescribed by a health care provider as that term is defined in section 135.61, and approved by the United States food and drug administration to treat seizure disorder symptoms.
   10.  The state board of education shall adopt rules to establish a seizure education program for the purpose of providing school districts and accredited nonpublic schools an age-appropriate program on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the epilepsy foundation of America or any successor organization, and participation in the program shall be optional.
   11.  A school district or accredited nonpublic school, an employee of a school district or accredited nonpublic school, or an agent of a school district or accredited nonpublic school acting in good faith and in compliance with a student’s individual health plan and seizure action plan shall not be liable for any claim for injuries or damages arising from actions taken to assist a student with the student’s needs related to epilepsy or a seizure disorder.
   Sec. 33.  NEW SECTION.  280.33  Incidents related to licensed practitioners —— reporting and investigation.
   The board of directors of a school district and the authorities in charge of each accredited nonpublic school shall follow the process created by the department of education pursuant to section 256.9, subsection 66, related to the reporting and investigation of an incident involving the possible commission of a felony by any employee of the board of directors of the school district or the authorities in charge of the accredited nonpublic school.
   Sec. 34.  NEW SECTION.  280.34  Requirement to view public license information.
   Prior to hiring an individual who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners, a school district or an accredited nonpublic school, as applicable, shall view the board of educational examiners’ public license information to determine if the individual has a case pending with a finding of probable cause or any licensure sanction. This section shall not be construed to require the board of educational examiners to disclose unfounded, closed investigations.
   Sec. 35.  EFFECTIVE DATE.  The following, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this division of this Act enacting section 279.82.
   2.  The section of this division of this Act enacting section 279.83.
DIVISION VIII
BOARD OF EDUCATIONAL EXAMINERS —— MEMBERSHIP AND MISCELLANEOUS RESPONSIBILITIES

   Sec. 36.  Section 272.2, subsection 14, paragraph b, subparagraph (1), unnumbered paragraph 1, Code 2023, is amended to read as follows:
   The person entered a plea of guilty to, or has been found guilty of, or the board has found by a preponderance of the evidence that the person committed, any of the following offenses, whether or not a sentence is imposed:
   Sec. 37.  Section 272.2, subsection 15, Code 2023, is amended to read as follows:
   15.  a.  Adopt rules that require specificity in written complaints that are filed by individuals who have personal knowledge of an alleged violation and which are accepted by the board, provide that the jurisdictional requirements as set by the board in administrative rule are met on the face of the complaint before initiating an investigation of allegations, provide that any investigation be limited to the allegations contained on the face of the complaint, provide for an adequate interval between the receipt of a complaint and public notice of the complaint, permit parties to a complaint to mutually agree to a resolution of the complaint filed with the board, allow the respondent the right to review any investigative report upon a finding of probable cause for further action by the board, require that the conduct providing the basis for the complaint occurred within three years of discovery of the event by the complainant unless good cause can be shown for an extension of this limitation, and require complaints to be resolved within one hundred eighty days unless good cause can be shown for an extension of this limitation, and require the board to finalize the investigation of the written complaint even if the licensed practitioner resigns or surrenders the licensed practitioner’s license, certificate, authorization, or statement of recognition during the investigation.
   b.  Adopt rules that require the collection and retention of written complaints that are filed. If the board determines a written complaint is not founded, the complaint and all records related to the complaint shall be kept confidential and are not subject to chapter 22.
   c.  Adopt rules that require the board to notify the public when a licensed practitioner who is the subject of an ongoing investigation initiated under paragraph “a” has a case pending with a finding of probable cause. This paragraph shall not be construed to require the board to disclose unfounded, closed investigations initiated under paragraph “a”.
   d.  Adopt rules that require the evaluation of complaints that did not result in any discipline or sanction if similar complaints are filed against the same licensed practitioner.
   e.  Adopt rules that require the board to investigate an administrator who is employed by the school that employs a licensed practitioner who is the subject of an investigation initiated under paragraph “a”. The rules shall require the board to investigate whether the administrator filed a written complaint pursuant to this subsection and whether the administrator was required to report to the board pursuant to section 272.15.
   Sec. 38.  Section 272.2, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  26.  Adopt rules pursuant to chapter 17A that allow an individual seeking a career and technical secondary authorization to apply, and if eligible, be issued the secondary authorization prior to accepting an offer of employment with a school.
   Sec. 39.  Section 272.3, Code 2023, is amended by striking the section and inserting in lieu thereof the following:
   272.3  Membership.
   1.  The board of educational examiners shall consist of eleven members, subject to the following requirements:
   a.  Five members shall be the parent or guardian of a student who is either currently enrolled or has been enrolled within the seven years immediately prior to the member’s appointment in a school district, nonpublic school, or charter school located in this state and shall not currently hold any elective office, shall not be an employee or contractor of a school district, nonpublic school, or charter school, and shall not have been an employee or contractor of a school district, nonpublic school, or charter school within the ten years immediately prior to the member’s appointment.
   b.  Five members shall be licensed practitioners. One of the members appointed pursuant to this paragraph shall be an administrator and one shall be a special education teacher.
   c.  One member shall be a member of the board of directors of a school district.
   2.  The membership of the board shall comply with the requirements of sections 69.16 and 69.16A. A quorum of the board shall consist of six members. Members shall elect a chairperson of the board. Members shall be appointed by the governor subject to confirmation by the senate.
   Sec. 40.  Section 272.4, subsection 1, Code 2023, is amended to read as follows:
   1.  Members, except for the director of the department of education or the director’s designee, shall be appointed to serve staggered terms of four years. A member shall not serve more than two consecutive terms, except for the director of the department of education or the director’s designee, who shall serve until the director’s term of office expires. A member of the board, except for the two public members and the director of the department of education or the director’s designee, who is a licensed practitioner appointed pursuant to section 272.3, subsection 1, paragraph “b”, shall hold a valid practitioner’s license during the member’s term of office. A vacancy exists when any of the following occur:
   a.  A nonpublic member’s license The license of a licensed practitioner appointed pursuant to section 272.3, subsection 1, paragraph “b”, expires, is suspended, or is revoked.
   b.  A nonpublic member licensed practitioner appointed pursuant to section 272.3, subsection 1, paragraph “b”, retires or terminates employment as a practitioner.
   c.  A member dies, resigns, is removed from office, or is otherwise physically unable to perform the duties of office.
   d.  A member’s term of office expires.
   Sec. 41.  BOARD OF EDUCATIONAL EXAMINERS MEMBERSHIP —— TRANSITION.
   1.  The terms of office associated with the members of the board of educational examiners shall, as of the effective date of this division of this Act, be deemed to have expired, notwithstanding the terms of office associated with the members under section 272.3.
   2.  For the members of the board of educational examiners first appointed by the governor on or after the effective date of this division of this Act, five shall serve an initial term of two years and six shall serve an initial term of four years. When the governor appoints such members, the governor shall indicate whether the appointee’s term shall be for two years or for four years. For purposes of the limitation on consecutive terms a member may serve under section 272.4, subsection 1, a term of two years shall be considered a full term.
DIVISION IX
PRIVATE INSTRUCTION AND SPECIAL EDUCATION

   Sec. 42.  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. 43.  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.
DIVISION X
PARENTS AND GUARDIANS RIGHTS

   Sec. 44.  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.  Subject to section 147.164, as enacted by 2023 Iowa Acts, Senate File 538, a parent or guardian bears the ultimate responsibility, and has the fundamental, 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. Any and all restrictions of this right shall be subject to strict scrutiny.
   3.  This section shall not be construed to prohibit any of the following:
   a.  A minor child from receiving medical attention in an emergent care situation.
   b.  A person from cooperating in a child abuse assessment commenced in accordance with section 232.71B.
   c.  A court, law enforcement officer, or an employee of a governmental entity that is responsible for child welfare from acting in the court’s, law enforcement officer’s, or employee’s official capacity and scope of authority.
   d.  A court from issuing an order that is otherwise permitted by law.
   4.  This section shall not be construed to authorize a parent or guardian to engage in conduct that is unlawful or to abuse or neglect a minor child in violation of the laws of this state.
   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.
DIVISION XI
IMPLEMENTATION OF ACT

   Sec. 45.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.>
   2.  Title page, line 3, after <child,> by inserting <authorizing the parent or guardian of a student enrolled in a school district to enroll the student in another attendance center within the same school district in certain specified circumstances, modifying the membership of the board of educational examiners, establishing a temporary initial teaching license to be issued by the board of educational examiners to applicants who complete an alternative teacher certification program,>
   3.  Title page, line 8, after <screenings,> by inserting <mandatory reporters,>
   4.  Title page, line 11, by striking <districts> and inserting <districts, accredited nonpublic schools, the department of education, the board of educational examiners,>
   5.  Title page, line 13, after <education> by inserting <, and including effective date provisions>