SF 2223 (LSB 5900XS (2) 90)

SENATE FILE 2223

BY  DONAHUE

A BILL FOR

An Act relating to children and students, including by modifying provisions related to a parent’s or guardian’s rights to make decisions affecting the parent’s or guardian’s child, the educational program and human growth and development curriculum provided to students enrolled in school districts, charter schools, and innovation zone schools, student health screenings, school district library programs, special education, and other duties of school districts and the governing boards of charter schools and innovation zone schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.11, subsections 2, 3, 4, 9, and 19, Code 2024, 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 279.80, 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 279.80 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, physical education, traffic safety, music, visual art, and, subject to section 279.80, 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.
   4.  The following shall be taught in grades seven and eight:  English-language arts; social studies; mathematics; science; health; age-appropriate and research-based human growth and development; career exploration and development; physical education; music; and visual art. 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. Career exploration and development shall be designed so that students are appropriately prepared to create an individual career and academic plan pursuant to section 279.61, incorporate foundational career and technical education concepts aligned with the six career and technical education service areas as defined in  subsection 5, paragraph “h”, incorporate relevant twenty-first century skills to facilitate career readiness, and introduce students to career opportunities within the local community and across this state. The health curriculum shall include age-appropriate and research-based information regarding the characteristics of sexually transmitted diseases, including human papilloma virus, as defined by the centers for disease control and prevention of the United States department of health and human services, and the availability of a vaccine to prevent the human papilloma virus, and acquired immune deficiency syndrome. The state board as part of accreditation standards shall adopt curriculum definitions for implementing the program in grades seven and eight. However, this subsection shall not apply to the teaching of career exploration and development in nonpublic schools.
   9.  a.  (1)  Beginning July 1, 2023, each school district shall employ either a qualified teacher librarian licensed by the board of educational examiners or a person previously employed as a librarian by a public library. The board of educational examiners shall not require an applicant for a teacher librarian license to have a master’s degree.
   (2)  Each school district shall establish a kindergarten through grade twelve library program that is consistent with section 280.6 and with the educational standards established in this section, contains only age-appropriate materials, and supports the student achievement goals of the total school curriculum.
   (3)  If, after investigation, the department determines that a school district or an employee of a school district has violated the provisions of subparagraph (2) related to library programs containing only age-appropriate materials, beginning January 1, 2024, the school district or employee of the school district, as applicable, shall be subject to the following:
   (a)  For the first violation of subparagraph (2), the department shall issue a written warning to the board of directors of the school district or the employee, as applicable.
   (b)  (i)  For a second or subsequent violation of subparagraph (2), if the department finds that a school district knowingly violated subparagraph (2), the superintendent of the school district shall be subject to a hearing conducted by the board of educational examiners pursuant to section 256.146, subsection 13, which may result in disciplinary action.
   (ii)  For a second or subsequent violation of subparagraph (2), if the department finds that an employee of the school district who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners knowingly violated subparagraph (2), the employee shall be subject to a hearing conducted by the board of educational examiners pursuant to section 256.146, subsection 13, which may result in disciplinary action.
   b.  The state board shall establish in rule standards for school district library programs, which shall be designed to provide for methods to improve library collections to meet student needs, include a current and diverse collection of fiction and nonfiction materials in a variety of formats to support student curricular needs, and include a plan for annually updating and replacing library materials and equipment.
   c.  The state board shall establish in rule a definition of and standards for an articulated sequential kindergarten through grade twelve media program. 
   d.  A school district that entered into a contract with an individual for employment as a media specialist or librarian prior to June 1, 2006, shall be considered to be in compliance with this subsection until June 30, 2011, if the individual is making annual progress toward meeting the requirements for a teacher librarian endorsement issued by the board of educational examiners.
   19.  For purposes of this section:
   a.  (1)  “Age-appropriate” means topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. “Age-appropriate” does not include any material with descriptions or visual depictions of a sex act as defined in section 702.17.
   (2)  Notwithstanding subparagraph (1), for purposes of the human growth and development curriculum, “age-appropriate” means the same as defined in section 279.50.
   b.  “Research-based” means the same as defined in section 279.50.
    Sec. 2.  Section 256.11, subsection 5, paragraph j, subparagraph (1), Code 2024, is amended to read as follows:
   (1)  One unit of health education which may include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; age-appropriate and research-based human growth and development; substance use disorder and nonuse; emotional and social health; health resources; cardiopulmonary resuscitation; and prevention and control of disease, including age-appropriate and research-based information regarding sexually transmitted diseases, including human papilloma virus, as defined by the centers for disease control and prevention of the United States department of health and human services, and the availability of a vaccine to prevent the human papilloma virus, and acquired immune deficiency syndrome.
    Sec. 3.  Section 256E.7, subsection 2, paragraphs n, o, and p, Code 2024, are amended by striking the paragraphs.
    Sec. 4.  Section 256F.4, subsection 2, paragraphs l, m, and n, Code 2024, are amended by striking the paragraphs.
    Sec. 5.  Section 279.50, subsections 1 and 2, Code 2024, are amended to read as follows:
   1.  Subject to section 279.80, each 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.  Subject to section 279.80, each Each school board shall provide age-appropriate and research-based instruction in human growth and development including instruction regarding self-esteem, stress management, interpersonal relationships, and domestic abuse, the human papilloma virus, as defined by the centers for disease control and prevention of the United States department of health and human services, and the availability of a vaccine to prevent the human papilloma virus, and acquired immune deficiency syndrome, in grades one through six.
    Sec. 6.  Section 279.76, subsection 1, paragraph a, Code 2024, is amended to read as follows:
   a.  Each school district is prohibited from administering or conducting an invasive physical examination of a student, a student health screening that is not required by state or federal law, or a formal examination or survey of a student that is designed to assess the student’s mental, emotional, or physical health that is not required by state or federal law, without first acquiring the written consent of the student’s parent or guardian. This section applies only to a minor child in the direct care of a parent or guardian, and does not apply to an emancipated minor or a minor who is not residing with the parent or guardian.
    Sec. 7.  Section 299A.9, subsection 1, Code 2024, is amended to read as follows:
   1.  A child of compulsory attendance age who is identified as requiring special education under chapter 256B is eligible for placement under competent private instruction with prior approval of the placement by the director of special education of the area education agency of the child’s district of residence.
    Sec. 8.  REPEAL.  Sections 279.77, 279.78, 279.79, 279.80, and 601.1, Code 2024, are repealed.
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 children and students, including by modifying provisions related to a parent’s or guardian’s rights to make decisions affecting the parent’s or guardian’s child, the educational program and human growth and development curriculum provided to students enrolled in school districts, charter schools, and innovation zone schools, student health screenings, school district library programs, special education, and other duties of school districts and the governing boards of charter schools and innovation zone schools.
   The bill requires the health curriculum provided to students enrolled in grades one through six in school districts and accredited nonpublic schools to include instruction related to the characteristics of acquired immune deficiency syndrome. The bill requires the human growth and development instruction provided to students enrolled in grades 7 through 12 in school districts and accredited nonpublic schools to include instruction related to the human papilloma virus, as defined by the centers for disease control and prevention of the United States department of health and human services, and the availability of a vaccine to prevent the human papilloma virus, and acquired immune deficiency syndrome.
   Current law requires that school district library programs be consistent with Code section 280.6 (religious books) and contain only age-appropriate materials. Current law establishes enforcement mechanisms related to the requirements concerning school district libraries containing only age-appropriate materials. The bill strikes these provisions. Current law requires the state board of education to establish in rule standards for school district library programs, which standards shall be designed to provide for methods to improve library collections to meet student needs, include a current and diverse collection of fiction and nonfiction materials in a variety of formats to support student curricular needs, and include a plan for annually updating and replacing library materials and equipment. The bill strikes these provisions.
   The bill modifies the definition of “age-appropriate” for purposes of the educational program established under Code section 256.11.
   Current law prohibits school districts, charter schools, and innovation zone schools from administering or conducting a formal examination or survey of a student that is designed to assess the student’s mental, emotional, or physical health that is not required by state or federal law without acquiring the written consent of the student’s parent or guardian. The bill strikes this provision.
   Current law provides that a child of compulsory attendance age who is identified as requiring special education under Code chapter 256B is eligible for placement under competent private instruction. The bill modifies this provision to provide that such a child is eligible for placement under competent private instruction with prior approval of the placement by the director of special education of the area education agency of the child’s district of residence.
   Current Code section 279.77 requires school districts to post certain specified information on the school district’s internet site and adopt a policy describing the procedures for the parent or guardian of a student enrolled in the school district, or a resident of the school district, to review the instructional materials used in classrooms in the school district. The bill repeals Code section 279.77.
   Current Code section 279.78 prohibits school districts, charter schools, and innovation zone schools from knowingly giving false or misleading information to the parent or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the sex listed on a student’s official birth certificate or certificate issued upon adoption. Current Code section 279.78 provides that if a student enrolled in a school district, charter school, or innovation zone school requests an accommodation that is intended to affirm the student’s gender identity from a licensed practitioner employed by the school, including a request that the licensed practitioner address the student using a name or pronoun that is different than the name or pronoun assigned to the student in the school’s registration forms or records, the licensed practitioner is required to report the student’s request to an administrator employed by the school, and the administrator is required to report the student’s request to the student’s parent or guardian. The bill repeals Code section 279.78.
   Current Code section 279.79 requires school districts, charter schools, and innovation zone schools to receive the prior written consent of a student’s parent or guardian before requiring a student to take part in any survey, analysis, activity, or evaluation that reveals certain specified information. Current Code section 279.79 provides that an employee or contractor of a school district, charter school, or innovation zone school is prohibited from answering any question pertaining to any particular student enrolled in the school in any survey related to the social or emotional abilities, competencies, or characteristics of the student, unless the school satisfies certain specified requirements. The bill repeals Code section 279.79.
   Current Code section 279.80 prohibits school districts, charter schools, and innovation zone schools from providing any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six. The bill repeals Code section 279.80 and makes conforming changes.
   Current Code section 601.1 provides that, except as provided in Code section 147.164 (gender transition procedure —— related activities —— minors —— prohibitions), a parent or guardian bears the ultimate responsibility, and has the fundamental, constitutionally protected right, to make decisions affecting the parent’s or guardian’s minor child, including decisions related to the minor child’s medical care, moral upbringing, religious upbringing, residence, education, and extracurricular activities. The bill repeals Code section 601.1.