Senate File 2223 - Introduced SENATE FILE 2223 BY DONAHUE A BILL FOR An Act relating to children and students, including by 1 modifying provisions related to a parent’s or guardian’s 2 rights to make decisions affecting the parent’s or 3 guardian’s child, the educational program and human growth 4 and development curriculum provided to students enrolled 5 in school districts, charter schools, and innovation zone 6 schools, student health screenings, school district library 7 programs, special education, and other duties of school 8 districts and the governing boards of charter schools and 9 innovation zone schools. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 11 TLSB 5900XS (2) 90 jda/jh

S.F. 2223 Section 1. Section 256.11, subsections 2, 3, 4, 9, and 19, 1 Code 2024, are amended to read as follows: 2 2. The kindergarten program shall include experiences 3 designed to develop healthy emotional and social habits and 4 growth in the language arts and communication skills, as well 5 as a capacity for the completion of individual tasks, and 6 protect and increase physical well-being with attention given 7 to experiences relating to the development of life skills and , 8 subject to section 279.80 , age-appropriate and research-based 9 human growth and development. A kindergarten teacher shall be 10 licensed to teach in kindergarten. An accredited nonpublic 11 school must meet the requirements of this subsection only if 12 the nonpublic school offers a kindergarten program ; provided, 13 however, that section 279.80 shall not apply to a nonpublic 14 school . 15 3. The following areas shall be taught in grades one through 16 six: English-language arts, social studies, mathematics, 17 science, health, physical education, traffic safety, music, 18 visual art, and , subject to section 279.80 , age-appropriate and 19 research-based human growth and development. Computer science 20 instruction incorporating the standards established under 21 section 256.7, subsection 26 , paragraph “a” , subparagraph (4), 22 shall be offered in at least one grade level commencing with 23 the school year beginning July 1, 2023. The health curriculum 24 shall include the characteristics of communicable diseases 25 including acquired immune deficiency syndrome . The state board 26 as part of accreditation standards shall adopt curriculum 27 definitions for implementing the elementary program. 28 4. The following shall be taught in grades seven and 29 eight: English-language arts; social studies; mathematics; 30 science; health; age-appropriate and research-based human 31 growth and development; career exploration and development; 32 physical education; music; and visual art. Computer science 33 instruction incorporating the standards established under 34 section 256.7, subsection 26 , paragraph “a” , subparagraph (4), 35 -1- LSB 5900XS (2) 90 jda/jh 1/ 9

S.F. 2223 shall be offered in at least one grade level commencing with 1 the school year beginning July 1, 2023. Career exploration 2 and development shall be designed so that students are 3 appropriately prepared to create an individual career 4 and academic plan pursuant to section 279.61 , incorporate 5 foundational career and technical education concepts aligned 6 with the six career and technical education service areas as 7 defined in subsection 5 , paragraph “h” , incorporate relevant 8 twenty-first century skills to facilitate career readiness, 9 and introduce students to career opportunities within the 10 local community and across this state. The health curriculum 11 shall include age-appropriate and research-based information 12 regarding the characteristics of sexually transmitted diseases , 13 including human papilloma virus, as defined by the centers for 14 disease control and prevention of the United States department 15 of health and human services, and the availability of a 16 vaccine to prevent the human papilloma virus, and acquired 17 immune deficiency syndrome . The state board as part of 18 accreditation standards shall adopt curriculum definitions for 19 implementing the program in grades seven and eight. However, 20 this subsection shall not apply to the teaching of career 21 exploration and development in nonpublic schools. 22 9. a. (1) Beginning July 1, 2023, each school district 23 shall employ either a qualified teacher librarian licensed 24 by the board of educational examiners or a person previously 25 employed as a librarian by a public library. The board of 26 educational examiners shall not require an applicant for a 27 teacher librarian license to have a master’s degree. 28 (2) Each school district shall establish a kindergarten 29 through grade twelve library program that is consistent with 30 section 280.6 and with the educational standards established 31 in this section, contains only age-appropriate materials, and 32 supports the student achievement goals of the total school 33 curriculum. 34 (3) If, after investigation, the department determines 35 -2- LSB 5900XS (2) 90 jda/jh 2/ 9

S.F. 2223 that a school district or an employee of a school district has 1 violated the provisions of subparagraph (2) related to library 2 programs containing only age-appropriate materials, beginning 3 January 1, 2024, the school district or employee of the school 4 district, as applicable, shall be subject to the following: 5 (a) For the first violation of subparagraph (2), the 6 department shall issue a written warning to the board 7 of directors of the school district or the employee, as 8 applicable. 9 (b) (i) For a second or subsequent violation of 10 subparagraph (2), if the department finds that a school 11 district knowingly violated subparagraph (2), the 12 superintendent of the school district shall be subject to 13 a hearing conducted by the board of educational examiners 14 pursuant to section 256.146, subsection 13 , which may result 15 in disciplinary action. 16 (ii) For a second or subsequent violation of subparagraph 17 (2), if the department finds that an employee of the school 18 district who holds a license, certificate, authorization, or 19 statement of recognition issued by the board of educational 20 examiners knowingly violated subparagraph (2), the employee 21 shall be subject to a hearing conducted by the board of 22 educational examiners pursuant to section 256.146, subsection 23 13 , which may result in disciplinary action. 24 b. The state board shall establish in rule standards for 25 school district library programs, which shall be designed to 26 provide for methods to improve library collections to meet 27 student needs, include a current and diverse collection of 28 fiction and nonfiction materials in a variety of formats 29 to support student curricular needs, and include a plan 30 for annually updating and replacing library materials and 31 equipment. 32 c. The state board shall establish in rule a definition 33 of and standards for an articulated sequential kindergarten 34 through grade twelve media program. 35 -3- LSB 5900XS (2) 90 jda/jh 3/ 9

S.F. 2223 d. A school district that entered into a contract with an 1 individual for employment as a media specialist or librarian 2 prior to June 1, 2006, shall be considered to be in compliance 3 with this subsection until June 30, 2011, if the individual 4 is making annual progress toward meeting the requirements 5 for a teacher librarian endorsement issued by the board of 6 educational examiners. 7 19. For purposes of this section : 8 a. (1) “Age-appropriate” means topics, messages, and 9 teaching methods suitable to particular ages or age groups 10 of children and adolescents, based on developing cognitive, 11 emotional, and behavioral capacity typical for the age or age 12 group. “Age-appropriate” does not include any material with 13 descriptions or visual depictions of a sex act as defined in 14 section 702.17 . 15 (2) Notwithstanding subparagraph (1), for purposes of the 16 human growth and development curriculum, “age-appropriate” means 17 the same as defined in section 279.50 . 18 b. “Research-based” means the same as defined in section 19 279.50 . 20 Sec. 2. Section 256.11, subsection 5, paragraph j, 21 subparagraph (1), Code 2024, is amended to read as follows: 22 (1) One unit of health education which may include personal 23 health; food and nutrition; environmental health; safety and 24 survival skills; consumer health; family life; age-appropriate 25 and research-based human growth and development; substance 26 use disorder and nonuse; emotional and social health; health 27 resources; cardiopulmonary resuscitation; and prevention 28 and control of disease, including age-appropriate and 29 research-based information regarding sexually transmitted 30 diseases , including human papilloma virus, as defined by the 31 centers for disease control and prevention of the United States 32 department of health and human services, and the availability 33 of a vaccine to prevent the human papilloma virus, and acquired 34 immune deficiency syndrome . 35 -4- LSB 5900XS (2) 90 jda/jh 4/ 9

S.F. 2223 Sec. 3. Section 256E.7, subsection 2, paragraphs n, o, and 1 p, Code 2024, are amended by striking the paragraphs. 2 Sec. 4. Section 256F.4, subsection 2, paragraphs l, m, and 3 n, Code 2024, are amended by striking the paragraphs. 4 Sec. 5. Section 279.50, subsections 1 and 2, Code 2024, are 5 amended to read as follows: 6 1. Subject to section 279.80 , each Each school board shall 7 provide instruction in kindergarten which gives attention 8 to experiences relating to life skills and human growth and 9 development as required in section 256.11 . School districts 10 shall use research provided in section 256.9, subsection 46 , 11 paragraph “b” , to evaluate and upgrade their instructional 12 materials and teaching strategies for human growth and 13 development. 14 2. Subject to section 279.80 , each Each school board shall 15 provide age-appropriate and research-based instruction in 16 human growth and development including instruction regarding 17 self-esteem, stress management, interpersonal relationships, 18 and domestic abuse , the human papilloma virus, as defined by 19 the centers for disease control and prevention of the United 20 States department of health and human services, and the 21 availability of a vaccine to prevent the human papilloma virus, 22 and acquired immune deficiency syndrome, in grades one through 23 six. 24 Sec. 6. Section 279.76, subsection 1, paragraph a, Code 25 2024, is amended to read as follows: 26 a. Each school district is prohibited from administering 27 or conducting an invasive physical examination of a student, 28 a student health screening that is not required by state or 29 federal law, or a formal examination or survey of a student 30 that is designed to assess the student’s mental, emotional, or 31 physical health that is not required by state or federal law, 32 without first acquiring the written consent of the student’s 33 parent or guardian. This section applies only to a minor child 34 in the direct care of a parent or guardian, and does not apply 35 -5- LSB 5900XS (2) 90 jda/jh 5/ 9

S.F. 2223 to an emancipated minor or a minor who is not residing with the 1 parent or guardian. 2 Sec. 7. Section 299A.9, subsection 1, Code 2024, is amended 3 to read as follows: 4 1. A child of compulsory attendance age who is identified 5 as requiring special education under chapter 256B is eligible 6 for placement under competent private instruction with prior 7 approval of the placement by the director of special education 8 of the area education agency of the child’s district of 9 residence . 10 Sec. 8. REPEAL. Sections 279.77, 279.78, 279.79, 279.80, 11 and 601.1, Code 2024, are repealed. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to children and students, including by 16 modifying provisions related to a parent’s or guardian’s rights 17 to make decisions affecting the parent’s or guardian’s child, 18 the educational program and human growth and development 19 curriculum provided to students enrolled in school districts, 20 charter schools, and innovation zone schools, student 21 health screenings, school district library programs, special 22 education, and other duties of school districts and the 23 governing boards of charter schools and innovation zone 24 schools. 25 The bill requires the health curriculum provided to students 26 enrolled in grades one through six in school districts and 27 accredited nonpublic schools to include instruction related to 28 the characteristics of acquired immune deficiency syndrome. 29 The bill requires the human growth and development instruction 30 provided to students enrolled in grades 7 through 12 in 31 school districts and accredited nonpublic schools to include 32 instruction related to the human papilloma virus, as defined 33 by the centers for disease control and prevention of the 34 United States department of health and human services, and the 35 -6- LSB 5900XS (2) 90 jda/jh 6/ 9

S.F. 2223 availability of a vaccine to prevent the human papilloma virus, 1 and acquired immune deficiency syndrome. 2 Current law requires that school district library programs 3 be consistent with Code section 280.6 (religious books) 4 and contain only age-appropriate materials. Current law 5 establishes enforcement mechanisms related to the requirements 6 concerning school district libraries containing only 7 age-appropriate materials. The bill strikes these provisions. 8 Current law requires the state board of education to establish 9 in rule standards for school district library programs, which 10 standards shall be designed to provide for methods to improve 11 library collections to meet student needs, include a current 12 and diverse collection of fiction and nonfiction materials 13 in a variety of formats to support student curricular needs, 14 and include a plan for annually updating and replacing library 15 materials and equipment. The bill strikes these provisions. 16 The bill modifies the definition of “age-appropriate” for 17 purposes of the educational program established under Code 18 section 256.11. 19 Current law prohibits school districts, charter schools, 20 and innovation zone schools from administering or conducting a 21 formal examination or survey of a student that is designed to 22 assess the student’s mental, emotional, or physical health that 23 is not required by state or federal law without acquiring the 24 written consent of the student’s parent or guardian. The bill 25 strikes this provision. 26 Current law provides that a child of compulsory attendance 27 age who is identified as requiring special education under Code 28 chapter 256B is eligible for placement under competent private 29 instruction. The bill modifies this provision to provide 30 that such a child is eligible for placement under competent 31 private instruction with prior approval of the placement by the 32 director of special education of the area education agency of 33 the child’s district of residence. 34 Current Code section 279.77 requires school districts to 35 -7- LSB 5900XS (2) 90 jda/jh 7/ 9

S.F. 2223 post certain specified information on the school district’s 1 internet site and adopt a policy describing the procedures for 2 the parent or guardian of a student enrolled in the school 3 district, or a resident of the school district, to review 4 the instructional materials used in classrooms in the school 5 district. The bill repeals Code section 279.77. 6 Current Code section 279.78 prohibits school districts, 7 charter schools, and innovation zone schools from knowingly 8 giving false or misleading information to the parent or 9 guardian of a student regarding the student’s gender identity 10 or intention to transition to a gender that is different than 11 the sex listed on a student’s official birth certificate 12 or certificate issued upon adoption. Current Code section 13 279.78 provides that if a student enrolled in a school 14 district, charter school, or innovation zone school requests an 15 accommodation that is intended to affirm the student’s gender 16 identity from a licensed practitioner employed by the school, 17 including a request that the licensed practitioner address the 18 student using a name or pronoun that is different than the name 19 or pronoun assigned to the student in the school’s registration 20 forms or records, the licensed practitioner is required to 21 report the student’s request to an administrator employed by 22 the school, and the administrator is required to report the 23 student’s request to the student’s parent or guardian. The 24 bill repeals Code section 279.78. 25 Current Code section 279.79 requires school districts, 26 charter schools, and innovation zone schools to receive the 27 prior written consent of a student’s parent or guardian before 28 requiring a student to take part in any survey, analysis, 29 activity, or evaluation that reveals certain specified 30 information. Current Code section 279.79 provides that an 31 employee or contractor of a school district, charter school, 32 or innovation zone school is prohibited from answering any 33 question pertaining to any particular student enrolled in 34 the school in any survey related to the social or emotional 35 -8- LSB 5900XS (2) 90 jda/jh 8/ 9

S.F. 2223 abilities, competencies, or characteristics of the student, 1 unless the school satisfies certain specified requirements. 2 The bill repeals Code section 279.79. 3 Current Code section 279.80 prohibits school districts, 4 charter schools, and innovation zone schools from providing any 5 program, curriculum, test, survey, questionnaire, promotion, or 6 instruction relating to gender identity or sexual orientation 7 to students in kindergarten through grade six. The bill 8 repeals Code section 279.80 and makes conforming changes. 9 Current Code section 601.1 provides that, except as provided 10 in Code section 147.164 (gender transition procedure —— related 11 activities —— minors —— prohibitions), a parent or guardian 12 bears the ultimate responsibility, and has the fundamental, 13 constitutionally protected right, to make decisions affecting 14 the parent’s or guardian’s minor child, including decisions 15 related to the minor child’s medical care, moral upbringing, 16 religious upbringing, residence, education, and extracurricular 17 activities. The bill repeals Code section 601.1. 18 -9- LSB 5900XS (2) 90 jda/jh 9/ 9