HF 348 (LSB 1684HV (2) 90)

HOUSE FILE 348

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HF 8)

A BILL FOR

An Act prohibiting instruction related to gender identity and sexual orientation in school districts and charter schools in kindergarten through grade six.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.11, subsections 2 and 3, 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 279.77, 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 279.77 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 279.77, 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.
    Sec. 2.  Section 256E.7, subsection 2, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0j.  Be subject to and comply with the requirements of section 279.77 relating to sexual orientation and gender identity instruction in kindergarten through grade six in the same manner as a school district.
    Sec. 3.  Section 279.50, subsections 1 and 2, Code 2023, are amended to read as follows:
   1.  Each Subject to section 279.77, 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 as required in section 256.11, in grades one seven through twelve.
    Sec. 4.  Section 279.50, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Subject to section 279.77, 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 as required in section 256.11, in grades one through six.
    Sec. 5.  NEW SECTION.  279.77  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, material, test, survey, questionnaire, activity, announcement, promotion, or instruction of any kind relating to gender identity or sexual orientation to students in kindergarten through grade six.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits instruction related to gender identity and sexual orientation in school districts and charter schools in kindergarten through grade six. The bill makes conforming changes to Code sections 256.11 (educational standards) and 279.50 (human growth and development instruction) to provide that the human growth and development instruction provided to students in kindergarten through grade six shall not include any program, curriculum, material, test, survey, questionnaire, activity, announcement, promotion, or instruction of any kind relating to gender identity or sexual orientation. The bill defines “gender identity” and “sexual orientation”.
   The bill requires the human growth and development instruction provided in the kindergarten program to be both age-appropriate and research-based.