HF 2054 (LSB 5256YH (3) 89)

HOUSE FILE 2054

BY  SALMON

A BILL FOR

An Act relating to sexual orientation or gender identity instruction or related materials provided by school districts to pupils.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  279.50B  Sexual orientation or gender identity instruction.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Gender identity” means the same as defined in section 216.2. 
   b.  “Harassment” and “bullying” mean the same as defined in section 280.28, subsection 2.
   c.  “Sexual orientation” means the same as defined in section 216.2.
   2.  Each school district that provides any program, curriculum, material, test, survey, questionnaire, activity, announcement, promotion, or instruction of any kind relating to sexual orientation or gender identity, whether offered as part of human growth and development instruction or any other area of instruction, shall annually provide to a parent or guardian of a pupil enrolled in the school district all of the following: 
   a.  Information about the sexual orientation or gender identity program, curriculum, material, test, survey, questionnaire, activity, or instruction used in the pupil’s grade level.
   b.  The procedure for inspecting the sexual orientation or gender identity program, curriculum, material, test, survey, questionnaire, activity, or instruction prior to use of such materials in the pupil’s classroom.
   c.  A list of all audio, visual, and written materials that will be used in conjunction with the sexual orientation or gender identity instruction in the pupil’s grade level.
   d.  Copies of all audio, visual, and written materials that will be used in conjunction with the sexual orientation or gender identity instruction in the pupil’s grade level, or if the audio, visual, or written materials are readily accessible on the internet, information related to how to access the audio, visual, or written materials.
   e.  Information regarding the procedure the parent or guardian must follow to request that the pupil be excused from such instruction and from receiving any related materials.
   3.  Each school district shall, upon request by any agency or organization, provide information about any program, curriculum, material, test, survey, questionnaire, activity or instruction of any kind related to sexual orientation or gender identity used in each grade level and the procedure for inspecting and updating the same prior to use in the classroom.
   4.  A pupil shall not be required to take or participate in any program, curriculum, material, test, survey, questionnaire, activity, or instruction of any kind, whether offered as part of human growth and development instruction or any other area of instruction, related to sexual orientation or gender identity if the pupil’s parent or guardian exercises the parent’s or guardian’s right to file with the appropriate principal a written request that the pupil be excused. Notification that the written request may be made shall be included in information provided by the school district. 
   5.  This section shall not be construed to require a school district to provide any activity, curriculum, materials, tests, survey, questionnaire, or instruction of any kind relating to sexual orientation or gender identity that is not otherwise required by law.
   6.  This section shall not be construed to require a school district to provide notice to a pupil’s parent or guardian prior to any of the following:
   a.  A teacher employed by the school district responding to questions from pupils during class related to sexual orientation or gender identity as it relates to any topic of instruction.
   b.  A teacher employed by the school district discussing the sexual orientation or gender identity of any historical figure, member of a group, or public figure, when such discussion provides necessary context to any topic of instruction.
   c.  Any person employed by the school district referring to sexual orientation or gender identity when necessary to immediately address a specific instance of harassment or bullying.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires school districts to provide notification and information relating to, and allows pupils to be excused from, any program, curriculum, material, test, survey, questionnaire, activity, announcement, promotion, or instruction of any kind relating to sexual orientation or gender identity.
   The bill requires a school district that provides such instruction or related material to annually provide to a parent or guardian of a pupil enrolled in the school district with information about the instruction or material used in the pupil’s grade level, the procedure for inspecting the instruction or materials prior to their use in the classroom, a list of all materials that will be used in conjunction with the instruction, copies of all materials that will be used in conjunction with the instruction or information related to how to access the materials, and information regarding the procedure the parent or guardian must follow to request that the pupil be excused from the instruction and from receiving any related materials.
   The school district must, upon request by any agency or organization, provide information about such instruction and related materials and the procedure for inspecting and updating the same prior to use in the classroom.
   A pupil shall not be required to take or participate in any such instruction or receive related materials if the pupil’s parent or guardian files with the appropriate principal a written request that the pupil be excused. 
   The bill shall not be construed to require a school district to provide any activity, instruction, or materials relating to sexual orientation or gender identity that is not otherwise required by law.
   The bill shall not be construed to require a school district to provide notice to a pupil’s parent or guardian prior to a teacher responding to questions during class related to sexual orientation or gender identity as it relates to any topic of instruction; a teacher discussing the sexual orientation or gender identity of any historical figure, member of a group, or public figure, when such discussion provides necessary context to any topic of instruction; or any person employed by the school district referring to sexual orientation or gender identity when necessary to immediately address a specific instance of harassment or bullying.