SF 2205 (LSB 5486SV (2) 89)

SENATE FILE 2205

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SSB 3079)

A BILL FOR

An Act relating to the rights of students enrolled in school districts or charter schools and the rights of parents and guardians of those students.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  279.76  Parent or guardian bill of rights.
   1.  All of the following parental rights are reserved to the parent or guardian of a minor child without obstruction or interference from the board of directors of the school district or the governing board of the charter school in which the minor child is enrolled:
   a.  The right to know what the board of directors of the school district or the governing board of the charter school in which the minor child is enrolled is teaching the minor child, including the textbooks, books, articles, outlines, handouts, presentations, videos, and any other similar materials the board of directors of the school district or the governing board of the charter school, as applicable, uses for student instruction.
   b.  The right to access and review information related to who is teaching the minor child, including guest lecturers and outside presenters.
   c.  The right to access and review information related to persons who contract with or otherwise receive moneys from the board of directors of the school district or the governing board of the charter school, unless otherwise prohibited by state or federal law.
   d.  The right to access to the minor child while the minor child is in school that a reasonable person would deem necessary to ensure the health and safety of the minor child, unless otherwise prohibited by state or federal law or a court order.
   e.  The right to access and review all school records relating to the minor child, unless chapter 232, subchapter III, part 2, prohibits the record from being disclosed.
   f.  The right to access and review information related to the collection and transmission of information related to the minor child, including assessment information, documents created by the minor child, and teacher evaluations of the minor child.
   g.  Subject to section 22.7, the right to access and review information necessary to ensure the accountability and transparency of the board of directors of the school district or the governing board of the charter school in which the minor child is enrolled.
   h.  The right to access and review information related to the minor child’s safety while at school, unless the information is deemed confidential under state or federal law.
   2.  a.  The board of directors of a school district or the governing board of a charter school shall not require any student to engage in any activity, including instruction, or any test, assessment, or other means of evaluation, that involves sexually explicit material without the express prior written consent of the student’s parent or guardian.
   b.  The board of directors of a school district or the governing board of a charter school shall make every effort to prohibit a minor child from accessing sexually explicit material in the classroom or on a device that is owned by the school district or the charter school. The board of directors of a school district or the governing board of a charter school shall not allow a minor child to check out sexually explicit material from a library operated by the school district or the charter school without the express prior written consent of the minor child’s parent or guardian.
   3.  The board of directors of a school district or the governing board of a charter school must receive the prior written consent of a student’s parent or guardian before requiring a student to take part in any of the following activities:
   a.  An activity that involves the collection, disclosure, or use of personal information collected from students for the purpose of marketing or selling the information or providing the information to any other person for its marketing or sale.
   b.  A survey, analysis, or evaluation that reveals information concerning any of the following:
   (1)  The political affiliations or beliefs of the student or the student’s parent or guardian.
   (2)  Mental or psychological problems of the student or the student’s family.
   (3)  Sex behavior or attitudes.
   (4)  Illegal, antisocial, self-incriminating, or demeaning behavior.
   (5)  Critical appraisals of other individuals with whom the student has close familial relationships.
   (6)  Legally recognized privileged or analogous relationships, such as those of attorneys, physicians, or ministers.
   (7)  Religious practices, affiliations, or beliefs of the student or the student’s parent or guardian.
   (8)  Income, except when required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program.
   c.  Any nonemergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school and is scheduled in advance, and that is not necessary to protect the immediate health and safety of the student or other students.
   4.  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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the rights of students enrolled in school districts or charter schools and the rights of parents and guardians of those students.
   The bill creates new Code section 279.76 (parent or guardian bill of rights). The bill provides that, notwithstanding any provision of law to the contrary, the following rights are reserved to the parent or guardian of a minor child: the right to know what the board of directors of the school district or the governing board of the charter school in which the minor child is enrolled is teaching the minor child; the right to access and review information related to who is teaching the minor child; the right to access and review information related to persons who contract with or otherwise receive moneys from the board of directors of the school district or the governing board of the charter school; the right to access to the minor child while the minor child is in school that a reasonable person would deem necessary to ensure the health and safety of the minor child, unless otherwise prohibited by law or a court order; the right to access and review all school records relating to the minor child unless Code chapter 232, subchapter III, part 2 (child abuse reporting), prohibits the record from being disclosed; the right to access and review information related to the collection and transmission of information related to the minor child; the right to access and review information necessary to ensure the accountability and transparency of the board of directors of the school district or the governing board of the charter school; and the right to access and review information related to the minor child’s safety at school.
   The bill provides that the board of directors of a school district or the governing board of the charter school shall not require any student to engage in any activity, including instruction or any test, assessment, or other means of evaluation that involves sexually explicit material without the express prior written consent of the student’s parent or guardian. The bill also provides that the board of directors of a school district or the governing board of the charter school shall make every effort to prohibit a minor child from accessing sexually explicit material in a classroom or on a device owned by the school district or charter school.
   The bill prohibits the board of directors of a school district or the governing board of a charter school from allowing a minor child to check out sexually explicit material from a library operated by the school district or the charter school without the express written consent of the minor child's parent or guardian.
   The bill requires the board of directors of a school district or the governing board of a charter school to receive the prior written consent of a student’s parent or guardian before requiring a student to take part in certain specified activities, surveys, analyses, evaluations, or physical examinations or screenings.
   The bill provides that the rights guaranteed by new Code section 279.76 are not a comprehensive list of the rights reserved to parents or guardians of a minor child.