H.F. 2054 Section 1. NEW SECTION . 279.50B Sexual orientation or 1 gender identity instruction. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Gender identity” means the same as defined in section 5 216.2. 6 b. “Harassment” and “bullying” mean the same as defined in 7 section 280.28, subsection 2. 8 c. “Sexual orientation” means the same as defined in section 9 216.2. 10 2. Each school district that provides any program, 11 curriculum, material, test, survey, questionnaire, activity, 12 announcement, promotion, or instruction of any kind relating 13 to sexual orientation or gender identity, whether offered as 14 part of human growth and development instruction or any other 15 area of instruction, shall annually provide to a parent or 16 guardian of a pupil enrolled in the school district all of the 17 following: 18 a. Information about the sexual orientation or gender 19 identity program, curriculum, material, test, survey, 20 questionnaire, activity, or instruction used in the pupil’s 21 grade level. 22 b. The procedure for inspecting the sexual orientation or 23 gender identity program, curriculum, material, test, survey, 24 questionnaire, activity, or instruction prior to use of such 25 materials in the pupil’s classroom. 26 c. A list of all audio, visual, and written materials that 27 will be used in conjunction with the sexual orientation or 28 gender identity instruction in the pupil’s grade level. 29 d. Copies of all audio, visual, and written materials that 30 will be used in conjunction with the sexual orientation or 31 gender identity instruction in the pupil’s grade level, or if 32 the audio, visual, or written materials are readily accessible 33 on the internet, information related to how to access the 34 audio, visual, or written materials. 35 -1- LSB 5256YH (3) 89 jda/jh 1/ 4

H.F. 2054 e. Information regarding the procedure the parent or 1 guardian must follow to request that the pupil be excused from 2 such instruction and from receiving any related materials. 3 3. Each school district shall, upon request by any agency 4 or organization, provide information about any program, 5 curriculum, material, test, survey, questionnaire, activity 6 or instruction of any kind related to sexual orientation or 7 gender identity used in each grade level and the procedure for 8 inspecting and updating the same prior to use in the classroom. 9 4. A pupil shall not be required to take or participate in 10 any program, curriculum, material, test, survey, questionnaire, 11 activity, or instruction of any kind, whether offered as part 12 of human growth and development instruction or any other 13 area of instruction, related to sexual orientation or gender 14 identity if the pupil’s parent or guardian exercises the 15 parent’s or guardian’s right to file with the appropriate 16 principal a written request that the pupil be excused. 17 Notification that the written request may be made shall be 18 included in information provided by the school district. 19 5. This section shall not be construed to require a school 20 district to provide any activity, curriculum, materials, tests, 21 survey, questionnaire, or instruction of any kind relating to 22 sexual orientation or gender identity that is not otherwise 23 required by law. 24 6. This section shall not be construed to require a school 25 district to provide notice to a pupil’s parent or guardian 26 prior to any of the following: 27 a. A teacher employed by the school district responding 28 to questions from pupils during class related to sexual 29 orientation or gender identity as it relates to any topic of 30 instruction. 31 b. A teacher employed by the school district discussing the 32 sexual orientation or gender identity of any historical figure, 33 member of a group, or public figure, when such discussion 34 provides necessary context to any topic of instruction. 35 -2- LSB 5256YH (3) 89 jda/jh 2/ 4

H.F. 2054 c. Any person employed by the school district referring 1 to sexual orientation or gender identity when necessary to 2 immediately address a specific instance of harassment or 3 bullying. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill requires school districts to provide notification 8 and information relating to, and allows pupils to be excused 9 from, any program, curriculum, material, test, survey, 10 questionnaire, activity, announcement, promotion, or 11 instruction of any kind relating to sexual orientation or 12 gender identity. 13 The bill requires a school district that provides such 14 instruction or related material to annually provide to a 15 parent or guardian of a pupil enrolled in the school district 16 with information about the instruction or material used in 17 the pupil’s grade level, the procedure for inspecting the 18 instruction or materials prior to their use in the classroom, 19 a list of all materials that will be used in conjunction with 20 the instruction, copies of all materials that will be used in 21 conjunction with the instruction or information related to 22 how to access the materials, and information regarding the 23 procedure the parent or guardian must follow to request that 24 the pupil be excused from the instruction and from receiving 25 any related materials. 26 The school district must, upon request by any agency or 27 organization, provide information about such instruction and 28 related materials and the procedure for inspecting and updating 29 the same prior to use in the classroom. 30 A pupil shall not be required to take or participate in any 31 such instruction or receive related materials if the pupil’s 32 parent or guardian files with the appropriate principal a 33 written request that the pupil be excused. 34 The bill shall not be construed to require a school district 35 -3- LSB 5256YH (3) 89 jda/jh 3/ 4

H.F. 2054 to provide any activity, instruction, or materials relating to 1 sexual orientation or gender identity that is not otherwise 2 required by law. 3 The bill shall not be construed to require a school district 4 to provide notice to a pupil’s parent or guardian prior to a 5 teacher responding to questions during class related to sexual 6 orientation or gender identity as it relates to any topic of 7 instruction; a teacher discussing the sexual orientation or 8 gender identity of any historical figure, member of a group, 9 or public figure, when such discussion provides necessary 10 context to any topic of instruction; or any person employed by 11 the school district referring to sexual orientation or gender 12 identity when necessary to immediately address a specific 13 instance of harassment or bullying. 14 -4- LSB 5256YH (3) 89 jda/jh 4/ 4