Senate File 496 S-3160 Amend the House amendment, S-3117, to Senate File 496, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. By striking page 1, line 5, through page 38, line 24, and 3 inserting: 4 << DIVISION I 5 EDUCATIONAL PROGRAM 6 Section 1. Section 256.11, unnumbered paragraph 1, Code 7 2023, is amended to read as follows: 8 The state board shall adopt rules under chapter 17A and 9 a procedure for accrediting all public and nonpublic schools 10 in Iowa offering instruction at any or all levels from the 11 prekindergarten level through grade twelve. The rules of 12 the state board shall require that a an age-appropriate, 13 multicultural, and gender-fair approach is used by schools and 14 school districts. The educational program shall be taught from 15 a an age-appropriate, multicultural, and gender-fair approach. 16 Global perspectives shall be incorporated into all levels of 17 the educational program. The rules adopted by the state board 18 pursuant to section 256.17, Code Supplement 1987 , to establish 19 new standards shall satisfy the requirements of this section to 20 adopt rules to implement the educational program contained in 21 this section . The educational program shall be as follows: 22 Sec. 2. Section 256.11, subsections 2, 3, 4, and 9, Code 23 2023, are amended to read as follows: 24 2. The kindergarten program shall include experiences 25 designed to develop healthy emotional and social habits and 26 growth in the language arts and communication skills, as well 27 as a capacity for the completion of individual tasks, and 28 protect and increase physical well-being with attention given 29 to experiences relating to the development of life skills and , 30 subject to section 279.80, age-appropriate and research-based 31 human growth and development. A kindergarten teacher shall be 32 licensed to teach in kindergarten. An accredited nonpublic 33 school must meet the requirements of this subsection only if 34 the nonpublic school offers a kindergarten program ; provided, 35 -1- S 3117.1869 (1) 90 jda/jh 1/ 18 #1.

however, that section 279.80 shall not apply to a nonpublic 1 school . 2 3. The following areas shall be taught in grades one through 3 six: English-language arts, social studies, mathematics, 4 science, health, age-appropriate and research-based 5 human growth and development, physical education, traffic 6 safety, music, and visual art , and, subject to section 7 279.80, age-appropriate and research-based human growth and 8 development . Computer science instruction incorporating 9 the standards established under section 256.7, subsection 10 26 , paragraph “a” , subparagraph (4), shall be offered in 11 at least one grade level commencing with the school year 12 beginning July 1, 2023. The health curriculum shall include 13 the characteristics of communicable diseases including acquired 14 immune deficiency syndrome . The state board as part of 15 accreditation standards shall adopt curriculum definitions for 16 implementing the elementary program. 17 4. The following shall be taught in grades seven and 18 eight: English-language arts; social studies; mathematics; 19 science; health; age-appropriate and research-based human 20 growth and development; career exploration and development; 21 physical education; music; and visual art. Computer science 22 instruction incorporating the standards established under 23 section 256.7, subsection 26 , paragraph “a” , subparagraph (4), 24 shall be offered in at least one grade level commencing with 25 the school year beginning July 1, 2023. Career exploration 26 and development shall be designed so that students are 27 appropriately prepared to create an individual career 28 and academic plan pursuant to section 279.61 , incorporate 29 foundational career and technical education concepts aligned 30 with the six career and technical education service areas 31 as defined in subsection 5 , paragraph “h” , and incorporate 32 relevant twenty-first century skills. The health curriculum 33 shall include age-appropriate and research-based information 34 regarding the characteristics of sexually transmitted diseases , 35 -2- S 3117.1869 (1) 90 jda/jh 2/ 18

including HPV and the availability of a vaccine to prevent 1 HPV, and acquired immune deficiency syndrome . The state board 2 as part of accreditation standards shall adopt curriculum 3 definitions for implementing the program in grades seven 4 and eight. However, this subsection shall not apply to the 5 teaching of career exploration and development in nonpublic 6 schools. For purposes of this section , “age-appropriate” , 7 “HPV” , and “research-based” mean the same as defined in section 8 279.50 . 9 9. a. (1) Beginning July 1, 2006, each school district 10 shall have a qualified teacher librarian who shall be licensed 11 by the board of educational examiners under chapter 272 . Each 12 school district shall establish a kindergarten through grade 13 twelve library program that is consistent with section 280.6 14 and with the educational standards established in this section, 15 contains only age-appropriate materials, and supports the 16 student achievement goals of the total school curriculum. 17 (2) If, after investigation, the department determines 18 that a school district or an employee of a school district has 19 violated the provisions of subparagraph (1) related to library 20 programs containing only age-appropriate materials, beginning 21 January 1, 2024, the school district or employee of the school 22 district, as applicable, shall be subject to the following: 23 (a) For the first violation of subparagraph (1), the 24 department shall issue a written warning to the board 25 of directors of the school district or the employee, as 26 applicable. 27 (b) (i) For a second or subsequent violation of 28 subparagraph (1), if the department finds that a school 29 district knowingly violated subparagraph (1), the 30 superintendent of the school district shall be subject to 31 a hearing conducted by the board of educational examiners 32 pursuant to section 272.2, subsection 14, which may result in 33 disciplinary action. 34 (ii) For a second or subsequent violation of subparagraph 35 -3- S 3117.1869 (1) 90 jda/jh 3/ 18

(1), if the department finds that an employee of the school 1 district who holds a license, certificate, authorization, or 2 statement of recognition issued by the board of educational 3 examiners knowingly violated subparagraph (1), the employee 4 shall be subject to a hearing conducted by the board of 5 educational examiners pursuant to section 272.2, subsection 14, 6 which may result in disciplinary action. 7 b. The state board shall establish in rule a definition 8 of and standards for an articulated sequential kindergarten 9 through grade twelve media program. 10 c. A school district that entered into a contract with an 11 individual for employment as a media specialist or librarian 12 prior to June 1, 2006, shall be considered to be in compliance 13 with this subsection until June 30, 2011, if the individual 14 is making annual progress toward meeting the requirements 15 for a teacher librarian endorsement issued by the board of 16 educational examiners under chapter 272 . A school district 17 that entered into a contract with an individual for employment 18 as a media specialist or librarian who holds at least a 19 master’s degree in library and information studies shall be 20 considered to be in compliance with this subsection until the 21 individual leaves the employ of the school district. 22 Sec. 3. Section 256.11, subsection 5, paragraph j, 23 subparagraph (1), Code 2023, is amended to read as follows: 24 (1) One unit of health education which shall include 25 personal health; food and nutrition; environmental health; 26 safety and survival skills; consumer health; family life; 27 age-appropriate and research-based human growth and 28 development; substance abuse and nonuse; emotional and 29 social health; health resources; and prevention and control 30 of disease, including age-appropriate and research-based 31 information regarding sexually transmitted diseases , including 32 HPV and the availability of a vaccine to prevent HPV, and 33 acquired immune deficiency syndrome . 34 Sec. 4. Section 256.11, Code 2023, is amended by adding the 35 -4- S 3117.1869 (1) 90 jda/jh 4/ 18

following new subsection: 1 NEW SUBSECTION . 19. For purposes of this section: 2 a. (1) “Age-appropriate” means topics, messages, and 3 teaching methods suitable to particular ages or age groups 4 of children and adolescents, based on developing cognitive, 5 emotional, and behavioral capacity typical for the age or age 6 group. “Age-appropriate” does not include any material with 7 descriptions or visual depictions of a sex act as defined in 8 section 702.17. 9 (2) Notwithstanding subparagraph (1), for purposes of the 10 human growth and development curriculum, “age-appropriate” means 11 the same as defined in section 279.50. 12 b. “Research-based” means the same as defined in section 13 279.50. 14 DIVISION II 15 SCHOOL RESPONSIBILITIES 16 Sec. 5. Section 256E.7, subsection 2, paragraph i, Code 17 2023, is amended to read as follows: 18 i. Be subject to and comply with section 279.76 relating 19 to physical examinations , and health screenings , and formal 20 examinations or surveys designed to assess a student’s mental, 21 emotional, or physical health in the same manner as a school 22 district. 23 Sec. 6. Section 256E.7, subsection 2, Code 2023, is amended 24 by adding the following new paragraphs: 25 NEW PARAGRAPH . 0j. Be subject to and comply with the 26 requirements of section 279.78 relating to prohibitions and 27 requirements related to the gender identity of students in the 28 same manner as a school district. 29 NEW PARAGRAPH . 00j. Be subject to and comply with the 30 requirements of section 279.79 relating to student, employee, 31 and contractor participation in surveys, analyses, activities, 32 or evaluations in the same manner as a school district. 33 NEW PARAGRAPH . 000j. Be subject to and comply with the 34 requirements of section 279.80 relating to sexual orientation 35 -5- S 3117.1869 (1) 90 jda/jh 5/ 18

and gender identity instruction in kindergarten through grade 1 six in the same manner as a school district. 2 NEW PARAGRAPH . 0000j. Be subject to and comply with the 3 requirements of section 279.81 relating to prohibiting students 4 from serving on any committees that determine, or provide 5 recommendations related to, whether a material in a school 6 library should be removed. 7 Sec. 7. Section 256F.4, subsection 2, paragraph k, Code 8 2023, is amended to read as follows: 9 k. Be subject to and comply with section 279.76 relating 10 to physical examinations , and health screenings , and formal 11 examinations or surveys designed to assess a student’s mental, 12 emotional, or physical health in the same manner as a school 13 district. 14 Sec. 8. Section 256F.4, subsection 2, Code 2023, is amended 15 by adding the following new paragraphs: 16 NEW PARAGRAPH . l. Be subject to and comply with the 17 requirements of section 279.78 relating to prohibitions and 18 requirements related to the gender identity of students in the 19 same manner as a school district. 20 NEW PARAGRAPH . m. Be subject to and comply with the 21 requirements of section 279.79 relating to student, employee, 22 and contractor participation in surveys, analyses, activities, 23 or evaluations in the same manner as a school district. 24 NEW PARAGRAPH . n. Be subject to and comply with the 25 requirements of section 279.80 relating to sexual orientation 26 and gender identity instruction in kindergarten through grade 27 six in the same manner as a school district. 28 NEW PARAGRAPH . o. Be subject to and comply with the 29 requirements of section 279.81 relating to prohibiting students 30 from serving on any committees that determine, or provide 31 recommendations related to, whether a material in a school 32 library should be removed. 33 Sec. 9. Section 279.50, subsections 1 and 2, Code 2023, are 34 amended to read as follows: 35 -6- S 3117.1869 (1) 90 jda/jh 6/ 18

1. Each Subject to section 279.80, each school board shall 1 provide instruction in kindergarten which gives attention 2 to experiences relating to life skills and human growth and 3 development as required in section 256.11 . School districts 4 shall use research provided in section 256.9, subsection 46 , 5 paragraph “b” , to evaluate and upgrade their instructional 6 materials and teaching strategies for human growth and 7 development. 8 2. Each school board shall provide age-appropriate and 9 research-based instruction in human growth and development 10 including instruction regarding human sexuality, self-esteem, 11 stress management, interpersonal relationships, domestic 12 abuse, HPV and the availability of a vaccine to prevent HPV, 13 and acquired immune deficiency syndrome and the prevention and 14 control of disease, including sexually transmitted diseases as 15 required in section 256.11 , in grades one seven through twelve. 16 Sec. 10. Section 279.50, Code 2023, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 1A. Subject to section 279.80, each 19 school board shall provide age-appropriate and research-based 20 instruction in human growth and development including 21 instruction regarding self-esteem, stress management, 22 interpersonal relationships, and domestic abuse in grades one 23 through six. 24 Sec. 11. Section 279.50, subsection 9, paragraphs b and c, 25 Code 2023, are amended by striking the paragraphs. 26 Sec. 12. Section 279.76, subsections 1 and 2, Code 2023, are 27 amended to read as follows: 28 1. a. Each school district is prohibited from administering 29 or conducting an invasive physical examination of a student, 30 or a student health screening that is not required by state or 31 federal law, or a formal examination or survey of a student 32 that is designed to assess the student’s mental, emotional, or 33 physical health that is not required by state or federal law, 34 without first acquiring the written consent of the student’s 35 -7- S 3117.1869 (1) 90 jda/jh 7/ 18

parent or guardian. This section applies only to a minor child 1 in the direct care of a parent or guardian, and does not apply 2 to an emancipated minor or a minor who is not residing with the 3 parent or guardian. 4 b. Each school district shall give written notice to a 5 student’s parent or guardian of an examination or survey of 6 the student required by state or federal law that is designed 7 to assess the student’s mental, emotional, or physical health 8 not less than seven days prior to the examination or survey. 9 The notice shall include a copy of the examination or survey 10 or a link to an internet site where the parent or guardian may 11 access the examination or survey. 12 c. This subsection shall not apply to a hearing or vision 13 examination. 14 2. This section shall not be construed to prohibit a school 15 district from conducting health screenings or invasive physical 16 examinations in emergent care situations or from cooperating in 17 a child abuse assessment commenced in accordance with section 18 232.71B . 19 Sec. 13. NEW SECTION . 279.77 Transparency —— publication 20 of school district information. 21 1. Each school district shall publish all of the following 22 information related to the current school year on the school 23 district’s internet site: 24 a. A detailed explanation of the procedures or policies 25 in effect for the parent or guardian of a student enrolled in 26 the school district to request the removal of a book, article, 27 outline, handout, video, or other educational material that is 28 available to students in the classroom or in a library operated 29 by the school district. Each school district shall prominently 30 display the detailed explanation on the school district’s 31 internet site. 32 b. A detailed explanation of the procedures or policies in 33 effect to request the review of decisions made by the board 34 of directors of the school district, including the petition 35 -8- S 3117.1869 (1) 90 jda/jh 8/ 18

process established pursuant to section 279.8B. 1 2. The board of directors of each school district shall 2 adopt a policy describing the procedures for the parent or 3 guardian of a student enrolled in the school district or a 4 resident of the school district to review the instructional 5 materials used in classrooms in the school district. The 6 policy shall include a process for a student’s parent or 7 guardian to request that the student not be provided with 8 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 on the school 22 district’s internet site a comprehensive list of all books 23 available to students in libraries operated by the school 24 district. However, for school years beginning prior to July 25 1, 2025, if the school district does not use an electronic 26 catalog, the school district may request a waiver from this 27 requirement from the department of education. 28 4. The identity of a parent or guardian who requests the 29 removal of a book, article, outline, handout, video, or other 30 educational material that is available to students in the 31 classroom or in a library operated by the school district 32 pursuant to subsection 1, paragraph “a” , shall be confidential 33 and shall not be a public record subject to disclosure under 34 chapter 22. 35 -9- S 3117.1869 (1) 90 jda/jh 9/ 18

5. This section shall not be construed to require a school 1 district to do any of the following: 2 a. Reproduce educational materials that were not created by 3 a person employed by the board of directors. 4 b. Distribute any educational materials in a manner that 5 would infringe on the intellectual property rights of any 6 person. 7 Sec. 14. NEW SECTION . 279.78 Parental rights in education. 8 1. As used in this section: 9 a. “Gender identity” means the same as defined in section 10 216.2. 11 b. “License” means the same as defined in section 272.1. 12 c. “Practitioner” means the same as defined in section 13 272.1. 14 2. A school district shall not knowingly give false or 15 misleading information to the parent or guardian of a student 16 regarding the student’s gender identity or intention to 17 transition to a gender that is different than the sex listed on 18 a student’s official birth certificate or certificate issued 19 upon adoption if the certificate was issued at or near the time 20 of the student’s birth. 21 3. If a student enrolled in a school district requests 22 an accommodation that is intended to affirm the student’s 23 gender identity from a licensed practitioner employed by 24 the school district, including a request that the licensed 25 practitioner address the student using a name or pronoun that 26 is different than the name or pronoun assigned to the student 27 in the school district’s registration forms or records, the 28 licensed practitioner shall report the student’s request 29 to an administrator employed by the school district, and 30 the administrator shall report the student’s request to the 31 student’s parent or guardian. 32 4. If, after investigation, the department of education 33 determines that a school district or an employee of a school 34 district has violated this section, the school district or 35 -10- S 3117.1869 (1) 90 jda/jh 10/ 18

employee of the school district, as applicable, shall be 1 subject to the following: 2 a. For the first violation of this section, the department 3 of education shall issue a written warning to the board 4 of directors of the school district or the employee, as 5 applicable. 6 b. (1) For a second or subsequent violation of this 7 section, if the department of education finds that a school 8 district knowingly violated this section, the superintendent of 9 the school district shall be subject to a hearing conducted by 10 the board of educational examiners pursuant to section 272.2, 11 subsection 14, which may result in disciplinary action. 12 (2) For a second or subsequent violation of this section, 13 if the department of education finds that an employee of 14 the school district who holds a license, certificate, 15 authorization, or statement of recognition issued by the board 16 of educational examiners knowingly violated this section, the 17 employee shall be subject to a hearing conducted by the board 18 of educational examiners pursuant to section 272.2, subsection 19 14, which may result in disciplinary action. 20 5. The state board of education shall adopt rules pursuant 21 to chapter 17A to administer this section. 22 Sec. 15. NEW SECTION . 279.79 Surveys —— required parent or 23 guardian consent. 24 1. The board of directors of a school district must 25 receive the prior written consent of a student’s parent or 26 guardian before requiring a student to take part in any survey, 27 analysis, activity, or evaluation that reveals information 28 concerning any of the following about the student or the 29 student’s family, whether the information is personally 30 identifiable or not: 31 a. The political affiliations or beliefs of the student or 32 the student’s parent or guardian. 33 b. Mental or psychological problems of the student or the 34 student’s family. 35 -11- S 3117.1869 (1) 90 jda/jh 11/ 18

c. Sexual behavior, orientation, or attitudes. 1 d. Illegal, antisocial, self-incriminating, or demeaning 2 behavior. 3 e. Critical appraisals of other individuals with whom the 4 student has close familial relationships. 5 f. Legally recognized privileged or analogous relationships, 6 such as those of attorneys, physicians, or ministers. 7 g. Religious practices, affiliations, or beliefs of the 8 student or the student’s parent or guardian. 9 h. Income, except when required by law to determine 10 eligibility for participation in a program or for receiving 11 financial assistance under such a program. 12 2. An employee of a school district, or a contractor engaged 13 by a school district, shall not answer any question pertaining 14 to any particular student enrolled in the school district 15 in any survey related to the social or emotional abilities, 16 competencies, or characteristics of the student, unless the 17 board of directors of the school district satisfies all of the 18 following requirements: 19 a. The board of directors of the school district provides to 20 the parent or guardian of each student enrolled in the school 21 district detailed information related to the survey, including 22 the person who created the survey, the person who sponsors the 23 survey, how information generated by the survey is used, and 24 how information generated by the survey is stored. 25 b. The board of directors of the school district receives 26 the written consent from a student’s parent or guardian 27 authorizing the employee or contractor to answer questions in 28 the survey pertaining to the student. 29 3. Subsection 2 shall not be construed to prohibit an 30 employee of a school district, or a contractor engaged by a 31 school district, from answering questions pertaining to any 32 particular student enrolled in the school district as part of 33 the process of developing or implementing an individualized 34 education program for such student. 35 -12- S 3117.1869 (1) 90 jda/jh 12/ 18

Sec. 16. NEW SECTION . 279.80 Sexual orientation and gender 1 identity —— prohibited instruction. 2 1. As used in this section: 3 a. “Gender identity” means the same as defined in section 4 216.2. 5 b. “Sexual orientation” means the same as defined in section 6 216.2. 7 2. A school district shall not provide any program, 8 curriculum, test, survey, questionnaire, promotion, or 9 instruction relating to gender identity or sexual orientation 10 to students in kindergarten through grade six. 11 Sec. 17. NEW SECTION . 279.81 Library materials review 12 committee. 13 The board of directors of a school district shall not allow a 14 student to serve on any committee that determines, or provides 15 recommendations related to, whether a material in a library 16 operated by the school district should be removed. 17 Sec. 18. NEW SECTION . 279.82 Intra-district enrollment. 18 1. A parent or guardian of a student enrolled in a 19 school district may enroll the student in another attendance 20 center within the same school district that offers classes 21 at the student’s grade level in the manner provided in this 22 section if, as a result of viewing a recording created by a 23 video surveillance system or a report from a school district 24 employee, and consistent with the requirements of the federal 25 Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, 26 and any regulations promulgated pursuant to that Act, the 27 school district determines that any student enrolled in the 28 school district has harassed or bullied the student. For 29 purposes of this subsection, “harassment” and “bullying” mean 30 the same as defined in section 280.28. 31 2. a. A parent or guardian shall send notification to 32 the school district, on forms prescribed by the department of 33 education, that the parent or guardian intends to enroll the 34 student in another attendance center within the same school 35 -13- S 3117.1869 (1) 90 jda/jh 13/ 18

district that offers classes at the student’s grade level. 1 b. The school district shall enroll the student in another 2 attendance center within the same school district unless the 3 attendance center has insufficient classroom space for the 4 student. If the request is granted, the school district shall 5 transmit a copy of the form to the parent or guardian within 6 five days after the school district’s action. The parent 7 or guardian may withdraw the request at any time prior to 8 the school district’s action on the request. A denial of a 9 request by the school district may be appealed to the board of 10 directors of the school district. 11 c. The board of directors of each school district shall 12 adopt a policy that defines the term “insufficient classroom 13 space” for that district. 14 3. A request under this section is for a period of not 15 less than one year. A student who attends school in another 16 attendance center pursuant to this section may return to 17 the original attendance center and enroll at any time, once 18 the parent or guardian has notified the school district in 19 writing of the decision to enroll the student in the original 20 attendance center. 21 4. If a request filed under this section is for a student 22 requiring special education under chapter 256B, the request to 23 transfer to another attendance center shall only be granted if 24 all of the following conditions are met: 25 a. The attendance center maintains a special education 26 instructional program that is appropriate to meet the student’s 27 educational needs and the enrollment of the student in the 28 attendance center would not cause the size of the class or 29 caseload in that special education instructional program in the 30 attendance center to exceed the maximum class size or caseload 31 established pursuant to rules adopted by the state board of 32 education. 33 b. If the student would be assigned to a general education 34 class, there is sufficient classroom space for the general 35 -14- S 3117.1869 (1) 90 jda/jh 14/ 18

education class to which the student would be assigned. 1 5. If a student, for whom a request to transfer has been 2 filed with the school district, has been suspended or expelled 3 in the school district, the student shall not be permitted 4 to transfer until the student has been reinstated. Once the 5 student has been reinstated, however, the student shall be 6 permitted to transfer in the same manner as if the student 7 had not been suspended or expelled. If a student, for whom 8 a request to transfer has been filed with a school district, 9 is expelled in the school district, the student shall be 10 permitted to transfer under this section if the student applies 11 for and is reinstated. However, if the student applies for 12 reinstatement but is not reinstated in the school district, 13 the school district may deny the request to transfer. The 14 decision of the school district may be appealed to the board of 15 directors of the school district. 16 6. A student who is enrolled in another attendance center 17 within the same school district pursuant to this section is 18 eligible to participate immediately in varsity interscholastic 19 athletic contests and athletic competitions as a member of a 20 team from the receiving attendance center. 21 7. This section shall not be construed to prohibit a 22 school district from allowing the parent or guardian of a 23 student enrolled in the school district to enroll the student 24 in another attendance center within the same school district 25 that offers classes at the student’s grade level pursuant to a 26 policy adopted by the board of directors of the school district 27 that allows for transfers for reasons in addition to those 28 allowed pursuant to this section. 29 8. The state board of education shall adopt rules pursuant 30 to chapter 17A to administer this section. 31 Sec. 19. NEW SECTION . 279.83 Notice to parents or guardians 32 related to physical injuries, harassment, or bullying. 33 After following the policy adopted by the school district 34 pursuant to section 280.28, subsection 3, an employee of a 35 -15- S 3117.1869 (1) 90 jda/jh 15/ 18

school district may notify the parents or guardians of a 1 student enrolled in the school district in writing or by 2 electronic mail within twenty-four hours after the employee 3 witnesses, either directly or indirectly by viewing a recording 4 created by a video surveillance system, any student enrolled 5 in the school district harassing or bullying the student. For 6 purposes of this section, “harassment” and “bullying” mean the 7 same as defined in section 280.28. 8 Sec. 20. Section 280.28, subsection 3, Code 2023, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . 0f. A procedure for reporting an 11 allegation of an act of harassment or bullying, including 12 the identification by job title of the school official 13 responsible for ensuring that the policy is implemented, and 14 the identification of the person or persons responsible for 15 receiving reports of allegations of harassment or bullying. 16 The procedure shall require a school official to notify the 17 parents or guardians of a student enrolled in the school 18 district within twenty-four hours after the school official 19 receives a report that the student may have been the victim of 20 conduct that constitutes harassment or bullying. 21 Sec. 21. EFFECTIVE DATE. The following, being deemed of 22 immediate importance, take effect upon enactment: 23 1. The section of this division of this Act enacting section 24 279.82. 25 2. The section of this division of this Act enacting section 26 279.83. 27 3. The section of this division of this Act amending section 28 280.28, subsection 3. 29 DIVISION III 30 PRIVATE INSTRUCTION AND SPECIAL EDUCATION 31 Sec. 22. Section 299A.9, subsection 1, Code 2023, is amended 32 to read as follows: 33 1. A child of compulsory attendance age who is identified 34 as requiring special education under chapter 256B is eligible 35 -16- S 3117.1869 (1) 90 jda/jh 16/ 18

for placement under competent private instruction with prior 1 approval of the placement by the director of special education 2 of the area education agency of the child’s district of 3 residence . 4 Sec. 23. Section 299A.9, Code 2023, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 3. The parent, guardian, or legal custodian 7 of a child who is identified as requiring special education 8 may request dual enrollment pursuant to section 299A.8. The 9 appropriate special education services for the child shall be 10 determined pursuant to chapter 256B and rules adopted pursuant 11 to chapter 256B. 12 DIVISION IV 13 PARENTS AND GUARDIANS RIGHTS 14 Sec. 24. NEW SECTION . 601.1 Parents and guardians —— 15 rights. 16 1. For purposes of this section: 17 a. “Emergent care situation” means a sudden or unforeseen 18 occurrence or onset of a medical or behavioral condition that 19 could result in serious injury or harm to a minor child in the 20 event immediate medical attention is not provided. 21 b. “Medical care” means any care, treatment, service, or 22 procedure to prevent, diagnose, alleviate, treat, or cure a 23 minor child’s physical or mental condition. 24 c. “Minor child” means an unmarried and unemancipated person 25 under the age of eighteen years. 26 2. Subject to section 147.164, as enacted by 2023 Iowa 27 Acts, Senate File 538, a parent or guardian bears the ultimate 28 responsibility, and has the fundamental, constitutionally 29 protected right, to make decisions affecting the parent’s 30 or guardian’s minor child, including decisions related to 31 the minor child’s medical care, moral upbringing, religious 32 upbringing, residence, education, and extracurricular 33 activities. Any and all restrictions of this right shall be 34 subject to strict scrutiny. 35 -17- S 3117.1869 (1) 90 jda/jh 17/ 18

3. This section shall not be construed to prohibit any of 1 the following: 2 a. A minor child from receiving medical attention in an 3 emergent care situation. 4 b. A person from cooperating in a child abuse assessment 5 commenced in accordance with section 232.71B. 6 c. A court from issuing an order that is permitted by law. 7 4. This section shall not be construed to authorize a parent 8 or guardian to engage in conduct that is unlawful or to abuse 9 or neglect a minor child in violation of the laws of this 10 state. 11 5. The rights guaranteed to parents and guardians by this 12 section are not a comprehensive list of the rights reserved 13 to parents or guardians of a minor child. The enumeration of 14 the rights contained in this section shall not be construed to 15 limit the rights reserved to parents or guardians of a minor 16 child. 17 DIVISION V 18 IMPLEMENTATION OF ACT 19 Sec. 25. IMPLEMENTATION OF ACT. Section 25B.2, subsection 20 3, shall not apply to this Act. > 21 2. Title page, line 3, after < child, > by inserting 22 < authorizing the parent or guardian of a student enrolled in 23 a school district to enroll the student in another attendance 24 center within the same school district in certain specified 25 circumstances, > 26 3. Title page, line 11, by striking < districts > and 27 inserting < districts, accredited nonpublic schools, the 28 department of education, the board of educational examiners, > 29 4. Title page, line 13, after < education > by inserting < , 30 and including effective date provisions >> 31 ______________________________ KEN ROZENBOOM -18- S 3117.1869 (1) 90 jda/jh 18/ 18 #2. #3. #4.