Senate File 496 - Introduced SENATE FILE 496 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 1145) A BILL FOR An Act relating to children and students, including 1 establishing a parent’s or guardian’s right to make 2 decisions affecting the parent’s or guardian’s child, and 3 modifying provisions related to student health screenings 4 and the curriculum in school districts, accredited nonpublic 5 schools, and charter schools, other duties of the state 6 board of education and school districts, competent private 7 instruction, and special education. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 1274SV (3) 90 jda/jh

S.F. 496 Section 1. Section 256.7, Code 2023, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 35. Adopt rules that require school 3 districts and charter schools to periodically review the 4 materials currently available in libraries operated by the 5 school district or charter school to determine if the materials 6 constitute or contain obscene material or sexually explicit 7 material. For purposes of this subsection, “obscene material” 8 and “sexually explicit material” mean the same as defined in 9 section 279.80. 10 Sec. 2. Section 256.9, Code 2023, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 66. Develop and make available on the 13 department’s internet site a comprehensive list of all 14 notifications received pursuant to section 279.79, sortable 15 by the book’s title and author and the school districts that 16 have removed the book from libraries operated by the school 17 district, classrooms, or any areas on school district property. 18 The department shall update the comprehensive list at least 19 once each month. 20 Sec. 3. Section 256.11, subsections 2, 3, and 4, Code 2023, 21 are amended to read as follows: 22 2. The kindergarten program shall include experiences 23 designed to develop healthy emotional and social habits and 24 growth in the language arts and communication skills, as well 25 as a capacity for the completion of individual tasks, and 26 protect and increase physical well-being with attention given 27 to experiences relating to the development of life skills and , 28 subject to section 279.77, age-appropriate and research-based 29 human growth and development. A kindergarten teacher shall be 30 licensed to teach in kindergarten. An accredited nonpublic 31 school must meet the requirements of this subsection only if 32 the nonpublic school offers a kindergarten program. 33 3. The following areas shall be taught in grades one through 34 six: English-language arts, social studies, mathematics, 35 -1- LSB 1274SV (3) 90 jda/jh 1/ 23

S.F. 496 science, health, age-appropriate and research-based 1 human growth and development, physical education, traffic 2 safety, music, and visual art , and, subject to section 3 279.77, age-appropriate and research-based human growth and 4 development . Computer science instruction incorporating 5 the standards established under section 256.7, subsection 6 26 , paragraph “a” , subparagraph (4), shall be offered in 7 at least one grade level commencing with the school year 8 beginning July 1, 2023. The health curriculum shall include 9 the characteristics of communicable diseases including acquired 10 immune deficiency syndrome . The state board as part of 11 accreditation standards shall adopt curriculum definitions for 12 implementing the elementary program. 13 4. The following shall be taught in grades seven and 14 eight: English-language arts; social studies; mathematics; 15 science; health; age-appropriate and research-based human 16 growth and development; career exploration and development; 17 physical education; music; and visual art. Computer science 18 instruction incorporating the standards established under 19 section 256.7, subsection 26 , paragraph “a” , subparagraph (4), 20 shall be offered in at least one grade level commencing with 21 the school year beginning July 1, 2023. Career exploration 22 and development shall be designed so that students are 23 appropriately prepared to create an individual career 24 and academic plan pursuant to section 279.61 , incorporate 25 foundational career and technical education concepts aligned 26 with the six career and technical education service areas 27 as defined in subsection 5 , paragraph “h” , and incorporate 28 relevant twenty-first century skills. The health curriculum 29 shall include age-appropriate and research-based information 30 regarding the characteristics of sexually transmitted diseases , 31 including HPV and the availability of a vaccine to prevent 32 HPV, and acquired immune deficiency syndrome . The state board 33 as part of accreditation standards shall adopt curriculum 34 definitions for implementing the program in grades seven 35 -2- LSB 1274SV (3) 90 jda/jh 2/ 23

S.F. 496 and eight. However, this subsection shall not apply to the 1 teaching of career exploration and development in nonpublic 2 schools. For purposes of this section , “age-appropriate” , 3 “HPV” , and “research-based” mean the same as defined in section 4 279.50 . 5 Sec. 4. Section 256.11, subsection 5, paragraph b, Code 6 2023, is amended to read as follows: 7 b. (1) Five units of the social studies including 8 instruction in voting statutes and procedures, voter 9 registration requirements, the use of paper ballots and voting 10 systems in the election process, and the method of acquiring 11 and casting an absentee ballot. All students shall complete a 12 minimum of one-half unit of United States government and one 13 unit of United States history. 14 (2) The one-half unit of United States government shall 15 include the all of the following: 16 (a) The voting procedure as described in this lettered 17 paragraph and section 280.9A . The government instruction shall 18 also include a 19 (b) A study of the Constitution of the United States and the 20 Bill of Rights contained in the Constitution and an assessment 21 of a student’s knowledge of the Constitution and the Bill of 22 Rights. 23 (c) (i) An assessment of the student’s knowledge of 24 United States government and civics that includes the nature, 25 purpose, structure, function, and history of the United States 26 government, the rights and responsibilities of citizens of 27 the United States, and important United States government and 28 civic leaders. The most recent version of the civics test 29 developed by the United States citizenship and immigration 30 services shall be used as the assessment required by this 31 subparagraph division. On or before June 30 of each year, each 32 school district and accredited nonpublic school shall submit 33 the results of the assessment required by this subparagraph 34 division to the department. 35 -3- LSB 1274SV (3) 90 jda/jh 3/ 23

S.F. 496 (ii) The school district or accredited nonpublic school 1 may modify the civics test developed by the United States 2 citizenship and immigration services for a student who has an 3 individualized education program. 4 (iii) A student shall answer at least seventy percent of 5 the questions on the civics test developed by the United States 6 citizenship and immigration services correctly as a condition 7 of graduation. A student who fails to answer at least seventy 8 percent of the questions on the civics test correctly may 9 retake the civics test as many times as necessary. 10 Sec. 5. Section 256.11, subsection 5, paragraph j, 11 subparagraph (1), Code 2023, is amended to read as follows: 12 (1) One unit of health education which shall include 13 personal health; food and nutrition; environmental health; 14 safety and survival skills; consumer health; family life; 15 age-appropriate and research-based human growth and 16 development; substance abuse and nonuse; emotional and 17 social health; health resources; and prevention and control 18 of disease, including age-appropriate and research-based 19 information regarding sexually transmitted diseases , including 20 HPV and the availability of a vaccine to prevent HPV, and 21 acquired immune deficiency syndrome . 22 Sec. 6. Section 256E.7, subsection 2, paragraph i, Code 23 2023, is amended to read as follows: 24 i. Be subject to and comply with section 279.76 relating 25 to physical examinations , and health screenings , and formal 26 examinations or surveys designed to assess a student’s mental, 27 emotional, or physical health in the same manner as a school 28 district. 29 Sec. 7. Section 256E.7, subsection 2, Code 2023, is amended 30 by adding the following new paragraphs: 31 NEW PARAGRAPH . 0j. Be subject to and comply with the 32 requirements of section 279.77 relating to gender identity and 33 sexual activity instruction in kindergarten through grade six 34 in the same manner as a school district. 35 -4- LSB 1274SV (3) 90 jda/jh 4/ 23

S.F. 496 NEW PARAGRAPH . 00j. Be subject to and comply with the 1 requirements of section 279.81 relating to student, employee, 2 and contractor participation in surveys, analyses, activities, 3 or evaluations in the same manner as a school district. 4 NEW PARAGRAPH . 000j. Be subject to and comply with 5 the requirements of section 279.82 relating to minor 6 students serving on committees that determine, or provide 7 recommendations related to, whether a material in a school 8 library should be removed because the material may constitute 9 or contain obscene material or sexually explicit material in 10 the same manner as a school district. 11 NEW PARAGRAPH . 0000j. Be subject to and comply with the 12 requirements of section 279.83 relating to the addition of 13 materials to a school library in the same manner as a school 14 district. 15 Sec. 8. Section 256F.4, subsection 2, paragraph k, Code 16 2023, is amended to read as follows: 17 k. Be subject to and comply with section 279.76 relating 18 to physical examinations , and health screenings , and formal 19 examinations or surveys designed to assess a student’s mental, 20 emotional, or physical health in the same manner as a school 21 district. 22 Sec. 9. Section 256F.4, subsection 2, Code 2023, is amended 23 by adding the following new paragraphs: 24 NEW PARAGRAPH . l. Be subject to and comply with the 25 requirements of section 279.77 relating to gender identity and 26 sexual activity instruction in kindergarten through grade six 27 in the same manner as a school district. 28 NEW PARAGRAPH . m. Be subject to and comply with the 29 requirements of section 279.81 relating to student, employee, 30 and contractor participation in surveys, analyses, activities, 31 or evaluations in the same manner as a school district. 32 NEW PARAGRAPH . n. Be subject to and comply with 33 the requirements of section 279.82 relating to minor 34 students serving on committees that determine, or provide 35 -5- LSB 1274SV (3) 90 jda/jh 5/ 23

S.F. 496 recommendations related to, whether a material in a school 1 library should be removed because the material may constitute 2 or contain obscene material or sexually explicit material in 3 the same manner as a school district. 4 NEW PARAGRAPH . o. Be subject to and comply with the 5 requirements of section 279.83 relating to the addition of 6 materials to a school library in the same manner as a school 7 district. 8 Sec. 10. Section 279.50, subsections 1 and 2, Code 2023, are 9 amended to read as follows: 10 1. Each Subject to section 279.77, each school board shall 11 provide instruction in kindergarten which gives attention 12 to experiences relating to life skills and human growth and 13 development as required in section 256.11 . School districts 14 shall use research provided in section 256.9, subsection 46 , 15 paragraph “b” , to evaluate and upgrade their instructional 16 materials and teaching strategies for human growth and 17 development. 18 2. Each school board shall provide age-appropriate and 19 research-based instruction in human growth and development 20 including instruction regarding human sexuality, self-esteem, 21 stress management, interpersonal relationships, domestic 22 abuse, HPV and the availability of a vaccine to prevent HPV, 23 and acquired immune deficiency syndrome and the prevention and 24 control of disease, including sexually transmitted diseases as 25 required in section 256.11 , in grades one seven through twelve. 26 Sec. 11. Section 279.50, Code 2023, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 1A. Subject to section 279.77, each 29 school board shall provide age-appropriate and research-based 30 instruction in human growth and development including 31 instruction regarding self-esteem, stress management, 32 interpersonal relationships, and domestic abuse in grades one 33 through six. 34 Sec. 12. Section 279.50, subsection 9, paragraphs b and c, 35 -6- LSB 1274SV (3) 90 jda/jh 6/ 23

S.F. 496 Code 2023, are amended by striking the paragraphs. 1 Sec. 13. Section 279.76, Code 2023, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 1A. a. Each school district is prohibited 4 from administering or conducting a formal examination or survey 5 of a student that is designed to assess the student’s mental, 6 emotional, or physical health that is not required by state or 7 federal law without first acquiring the written consent of the 8 student’s parent or guardian. 9 b. Each school district shall give written notice to a 10 student’s parent or guardian of an examination or survey of 11 the student required by state or federal law that is designed 12 to assess the student’s mental, emotional, or physical health 13 not less than seven days prior to the examination or survey. 14 The notice shall include a copy of the examination or survey 15 or a link to an internet site where the parent or guardian may 16 access the examination or survey. 17 c. This subsection shall not apply to a hearing or vision 18 examination. 19 Sec. 14. NEW SECTION . 279.77 Gender identity and sexual 20 activity —— prohibited instruction. 21 1. As used in this section: 22 a. “Gender identity” means the same as defined in section 23 216.2. 24 b. “Sexual activity” means the same as defined in section 25 702.17. 26 2. A school district shall not provide any program, 27 curriculum, material, test, survey, questionnaire, activity, 28 announcement, promotion, or instruction of any kind relating to 29 gender identity or sexual activity to students in kindergarten 30 through grade five or to students in grade six when grade six 31 is taught in an elementary school. 32 Sec. 15. NEW SECTION . 279.78 Transparency —— publication 33 of school district information. 34 1. Each school district shall publish all of the following 35 -7- LSB 1274SV (3) 90 jda/jh 7/ 23

S.F. 496 information related to the current school year on the school 1 district’s internet site: 2 a. A list of all materials that will be used to teach 3 students in each class in the school district, sortable by 4 subject area, grade level, and teacher. The requirement to 5 publish a list of materials does not apply to the extent a 6 teacher is discussing or providing instruction related to 7 current events. 8 b. A comprehensive list of all persons in direct contact 9 with students enrolled in the school district who contract with 10 or otherwise receive moneys from the board of directors of the 11 school district. 12 c. A comprehensive list of all books available to students 13 in the classroom and in libraries operated by the school 14 district. 15 d. A detailed explanation of the procedures or policies 16 in effect for the parent or guardian of a student enrolled in 17 the school district to request the removal of a book, article, 18 outline, handout, video, or other educational material that is 19 available to students in the classroom or in a library operated 20 by the school district. 21 e. A detailed explanation of the procedures or policies in 22 effect to request the review of decisions made by the board 23 of directors of the school district, including the petition 24 process established pursuant to section 279.8B. 25 2. Each school district shall update the information 26 required to be published pursuant to subsection 1 at least 27 two times each semester or at the start of each trimester, as 28 applicable. 29 3. This section shall not be construed to require a school 30 district to do any of the following: 31 a. Reproduce educational materials that were not created by 32 a person employed by the board of directors. 33 b. Distribute any educational materials in a manner that 34 would infringe on the intellectual property rights of any 35 -8- LSB 1274SV (3) 90 jda/jh 8/ 23

S.F. 496 person. 1 Sec. 16. NEW SECTION . 279.79 Notifications to department of 2 education regarding the removal of books from school library. 3 1. As used in this section: 4 a. “Obscene material” means the same as defined in section 5 728.1. 6 b. “Sexually explicit material” means the same as defined 7 in section 279.80. 8 2. If the board of directors of a school district removes 9 a book from a library operated by the school district, a 10 classroom, or any area on school district property because the 11 board of directors determined the book constituted or contained 12 obscene material or sexually explicit material, then the board 13 of directors shall notify the department of education of the 14 removal within seven days. The notification shall contain the 15 book’s title and author. 16 Sec. 17. NEW SECTION . 279.80 Parental rights in education. 17 1. As used in this section: 18 a. “Gender identity” means the same as defined in section 19 216.2. 20 b. “Minor child” means an individual under eighteen years 21 of age. 22 c. “Obscene material” means the same as defined in section 23 728.1. 24 d. “Sexually explicit material” means any material that 25 meets all of the following criteria: 26 (1) Taken as a whole with respect to minor children, the 27 material appeals to the prurient interest in nudity, sex, or 28 excretion. 29 (2) The material depicts, describes, or represents, in a 30 patently offensive way with respect to what is suitable for 31 minor children, a sex act, lewd exhibition of the genitals, 32 masturbation, excretory functions, bestiality, or oral, anal, 33 or vaginal intercourse, actual or simulated, involving humans. 34 For purposes of this subparagraph, “lewd exhibition of the 35 -9- LSB 1274SV (3) 90 jda/jh 9/ 23

S.F. 496 genitals” includes any material depicting genitalia in which 1 the place or pose of the person in the depiction is sexually 2 suggestive, any visual depiction that suggests sexual coyness 3 or a willingness to engage in sexual activity, or any visual 4 depiction that is intended or designed to elicit a sexual 5 response from the viewer. 6 (3) Taken as a whole, the material lacks serious literary, 7 artistic, political, or scientific value as to the youngest 8 minor child with reasonable access to the material. For 9 purposes of this subparagraph, material lacks serious literary, 10 artistic, political, or scientific value as to minor children 11 if the material contains material described in subparagraphs 12 (1) and (2) when substantially similar material is readily 13 available to minor children that does not contain material 14 described in subparagraphs (1) and (2) but that conveys a 15 substantially similar message or viewpoint. 16 e. “Visual depiction” includes any picture, slide, 17 photograph, digital or electronic image, negative image, 18 undeveloped film, motion picture, videotape, digital or 19 electronic recording, live transmission, or any other pictorial 20 or three-dimensional representation. 21 2. a. Each school district shall immediately notify the 22 parent or guardian of a minor child enrolled in the school 23 district if any employee of the school district reasonably 24 believes that the minor child has expressed a gender identity 25 that is different than the biological sex listed on the minor 26 child’s official birth certificate or certificate issued upon 27 adoption if the certificate was issued at or near the time of 28 the minor child’s birth. 29 b. Notwithstanding paragraph “a” , if a school district 30 determines based on actual threats to the health, safety, or 31 welfare of a minor child enrolled in the school district that 32 notifying the parent or guardian of the minor child pursuant 33 to paragraph “a” may result in serious harm to the minor child, 34 the school district shall not notify the parent or guardian and 35 -10- LSB 1274SV (3) 90 jda/jh 10/ 23

S.F. 496 shall instead immediately report the school district’s safety 1 concerns to the department of health and human services so that 2 the department may determine whether the minor child is a child 3 in need of assistance under chapter 232. 4 3. The parent or guardian of a minor child enrolled in 5 a school district may access and review all school records 6 related to the minor child, including teacher evaluations of 7 the minor child and associated notes, evaluation information, 8 and documents created by the minor child, unless chapter 9 232, subchapter III, part 2, prohibits the record from being 10 disclosed. 11 4. A school district must receive the prior written consent 12 of a minor child’s parent or guardian before allowing a minor 13 child enrolled in the school district to check out or access 14 any book that is on the list maintained by the department of 15 education pursuant to section 256.9, subsection 66. 16 5. A school district must receive the prior written consent 17 of the parent or guardian of a minor child enrolled in the 18 school district before allowing any employee of the school 19 district to address the minor child using a name or a pronoun 20 that does not correspond to the biological sex that is listed 21 on the minor child’s official birth certificate or certificate 22 issued upon adoption if the certificate was issued at or near 23 the time of the minor child’s birth. 24 6. A school district shall not require any minor child 25 enrolled in the school district to engage in any activity or 26 instruction provided by a guest lecturer or outside presenter, 27 or any activity or instruction that involves obscene material 28 or sexually explicit material, without providing the parent 29 or guardian of a minor child enrolled in the school district 30 with notice at least seven days prior to the activity or 31 instruction. A school district shall not allow a minor 32 child enrolled in the school district to engage in the 33 activity or instruction unless the minor child’s parent or 34 guardian provides notice to the school district requesting 35 -11- LSB 1274SV (3) 90 jda/jh 11/ 23

S.F. 496 that the minor child be allowed to engage in the activity 1 or instruction. The notice shall describe how to request 2 that a minor child be allowed to engage in the activity or 3 instruction. 4 7. If, after investigation, the department of education 5 determines that a school district or an employee of a school 6 district has violated this section, the school district or 7 employee of the school district, as applicable, shall be 8 subject to the following: 9 a. For the first violation of this section, the department 10 of education shall issue a written warning to the board 11 of directors of the school district or the employee, as 12 applicable. 13 b. (1) For a second or subsequent violation of this 14 section, if the department of education finds that a school 15 district knowingly violated this section, the superintendent of 16 the school district shall be subject to a hearing conducted by 17 the board of educational examiners pursuant to section 272.2, 18 subsection 14, which may result in disciplinary action. 19 (2) For a second or subsequent violation of this section, 20 if the department of education finds that an employee of 21 the school district who holds a license, certificate, 22 authorization, or statement of recognition issued by the board 23 of educational examiners under chapter 272 knowingly violated 24 this section, the employee shall be subject to a hearing 25 conducted by the board of educational examiners pursuant to 26 section 272.2, subsection 14, which may result in disciplinary 27 action. 28 8. The state board of education shall adopt rules pursuant 29 to chapter 17A to administer this section. 30 Sec. 18. NEW SECTION . 279.81 Protection of student rights. 31 1. The board of directors of a school district must 32 receive the prior written consent of a student’s parent or 33 guardian before requiring a student to take part in any survey, 34 analysis, activity, or evaluation that reveals information 35 -12- LSB 1274SV (3) 90 jda/jh 12/ 23

S.F. 496 concerning any of the following about the student or the 1 student’s family, whether the information is personally 2 identifiable or not: 3 a. The political affiliations or beliefs of the student or 4 the student’s parent or guardian. 5 b. Mental or psychological problems of the student or the 6 student’s family. 7 c. Sexual behavior, orientation, or attitudes. 8 d. Illegal, antisocial, self-incriminating, or demeaning 9 behavior. 10 e. Critical appraisals of other individuals with whom the 11 student has close familial relationships. 12 f. Legally recognized privileged or analogous relationships, 13 such as those of attorneys, physicians, or ministers. 14 g. Religious practices, affiliations, or beliefs of the 15 student or the student’s parent or guardian. 16 h. Income, except when required by law to determine 17 eligibility for participation in a program or for receiving 18 financial assistance under such a program. 19 2. An employee of a school district, or a contractor engaged 20 by a school district, shall not answer any question pertaining 21 to any particular student enrolled in the school district 22 in any survey related to the social or emotional abilities, 23 competencies, or characteristics of the student, unless the 24 board of directors of the school district satisfies all of the 25 following requirements: 26 a. The board of directors of the school district provides to 27 the parent or guardian of each student enrolled in the school 28 district detailed information related to the survey, including 29 the person who created the survey, the person who sponsors the 30 survey, how information generated by the survey is used, and 31 how information generated by the survey is stored. 32 b. The board of directors of the school district receives 33 the written consent from a student’s parent or guardian 34 authorizing the employee or contractor to answer questions in 35 -13- LSB 1274SV (3) 90 jda/jh 13/ 23

S.F. 496 the survey pertaining to the student. 1 Sec. 19. NEW SECTION . 279.82 Library materials review 2 committee. 3 1. For purposes of this section: 4 a. “Obscene material” means the same as defined in section 5 728.1. 6 b. “Sexually explicit material” means the same as defined 7 in section 279.80. 8 2. The board of directors of a school district shall not 9 allow a minor student serving on any committee that determines, 10 or provides recommendations related to, whether a material in a 11 library operated by the school district should be removed to 12 view the material being considered for removal if the material 13 is being considered for removal because it may constitute 14 obscene material or sexually explicit material. 15 Sec. 20. NEW SECTION . 279.83 Addition of materials to 16 school library. 17 1. As used in this section: 18 a. “Obscene material” means the same as defined in section 19 728.1. 20 b. “Sexually explicit material” means the same as defined 21 in section 279.80. 22 2. A school district shall not add new material to a library 23 operated by the school district unless the board of directors 24 of the school district has formally approved the material and 25 determined that the material does not constitute or contain 26 obscene material or sexually explicit material. 27 Sec. 21. Section 299A.9, subsection 1, Code 2023, is amended 28 to read as follows: 29 1. A child of compulsory attendance age who is identified 30 as requiring special education under chapter 256B is eligible 31 for placement under competent private instruction with prior 32 approval of the placement by the director of special education 33 of the area education agency of the child’s district of 34 residence . 35 -14- LSB 1274SV (3) 90 jda/jh 14/ 23

S.F. 496 Sec. 22. Section 299A.9, Code 2023, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 3. The parent, guardian, or legal custodian 3 of a child who is identified as requiring special education 4 may request dual enrollment pursuant to section 299A.8. The 5 appropriate special education services for the child shall be 6 determined pursuant to chapter 256B and rules adopted pursuant 7 to chapter 256B. 8 Sec. 23. NEW SECTION . 601.1 Parents and guardians —— 9 rights. 10 1. For purposes of this section: 11 a. “Emergent care situation” means a sudden or unforeseen 12 occurrence or onset of a medical or behavioral condition that 13 could result in serious injury or harm to a minor child in the 14 event immediate medical attention is not provided. 15 b. “Medical care” means any care, treatment, service, or 16 procedure to prevent, diagnose, alleviate, treat, or cure a 17 minor child’s physical or mental condition. 18 c. “Minor child” means an unmarried and unemancipated person 19 under the age of eighteen years. 20 2. A parent or guardian bears the ultimate responsibility, 21 and has the constitutionally protected right, to make decisions 22 affecting the parent’s or guardian’s minor child, including 23 decisions related to the minor child’s medical care, moral 24 upbringing, religious upbringing, residence, education, and 25 extracurricular activities. 26 3. This section shall not be construed to prohibit a minor 27 child from receiving medical attention in an emergent care 28 situation. 29 4. This section shall not be construed to prohibit a person 30 from cooperating in a child abuse assessment commenced in 31 accordance with section 232.71B. 32 5. The rights guaranteed to parents and guardians by this 33 section are not a comprehensive list of the rights reserved 34 to parents or guardians of a minor child. The enumeration of 35 -15- LSB 1274SV (3) 90 jda/jh 15/ 23

S.F. 496 the rights contained in this section shall not be construed to 1 limit the rights reserved to parents or guardians of a minor 2 child. 3 Sec. 24. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 3, shall not apply to this Act. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to children and students, including 9 establishing a parent’s or guardian’s right to make decisions 10 affecting the parent’s or guardian’s child and modifying 11 provisions related to student health screenings and the 12 curriculum in school districts, accredited nonpublic schools, 13 and charter schools, other duties of the state board of 14 education and school districts, competent private instruction, 15 and special education. 16 The bill requires the state board of education to adopt 17 rules that require school districts and charter schools to 18 periodically review the materials available in school libraries 19 to determine if the materials constitute or contain obscene 20 material or sexually explicit material. 21 The bill prohibits instruction related to gender identity 22 and sexual activity in school districts, accredited nonpublic 23 schools, charter schools, and innovation zone schools in 24 kindergarten through grade five and to students in grade six 25 when grade six is taught in an elementary school. The bill 26 makes conforming changes to Code sections 256.11 (educational 27 standards) and 279.50 (human growth and development 28 instruction) and provides that human growth and development 29 instruction provided to students in kindergarten through grade 30 five, and grade six when sixth grade is taught in an elementary 31 school, shall not include any program, curriculum, material, 32 test, survey, questionnaire, activity, announcement, promotion, 33 or instruction of any kind relating to gender identity or 34 sexual activity. 35 -16- LSB 1274SV (3) 90 jda/jh 16/ 23

S.F. 496 The bill strikes the requirement that the health curriculum 1 provided in school districts, accredited nonpublic schools, 2 and charter schools in grades 1 through 12 include instruction 3 related to the characteristics of acquired immune deficiency 4 syndrome and makes conforming changes to Code section 279.50 5 (human growth and development instruction). The bill also 6 strikes the requirement that the health curriculum provided in 7 school districts, accredited nonpublic schools, and charter 8 schools in grades 7 through 12 include instruction related to 9 human papilloma virus (HPV) and the availability of a vaccine 10 to prevent HPV and makes conforming changes to Code section 11 279.50. The bill makes conforming changes. 12 The bill requires the human growth and development 13 instruction provided in the kindergarten program to be both 14 age-appropriate and research-based. 15 Under current law, the educational program established 16 pursuant to Code section 256.11 is required to include, in 17 grades 9 through 12, five units of social studies, one-half 18 unit of which is to consist of instruction in United States 19 government. The bill provides that this one-half unit of 20 United States government shall include an assessment of the 21 student’s knowledge of United States government and civics. 22 The bill provides that the most recent version of the civics 23 test developed by the United States citizenship and immigration 24 services shall be used as the assessment. The bill requires 25 each school district and accredited nonpublic school to submit 26 the results of the civics test to the department of education 27 by June 30 of each year. The bill authorizes a school district 28 or accredited nonpublic school to modify the civics test for 29 a student who has an individualized education program. The 30 bill provides that a student must answer at least 70 percent 31 of the questions correctly on the civics test as a condition 32 of graduation. The bill authorizes a student who fails to 33 answer at least 70 percent of the questions on the civics test 34 correctly to retake the civics test. 35 -17- LSB 1274SV (3) 90 jda/jh 17/ 23

S.F. 496 The bill prohibits school districts, charter schools, and 1 innovation zone schools from administering or conducting a 2 formal examination or survey of a student that is designed to 3 assess the student’s mental, emotional, or physical health 4 that is not required by state or federal law, without first 5 acquiring the written consent of the student’s parent or 6 guardian. This provision applies only to a minor child in the 7 direct care of a parent or guardian, and does not apply to 8 an emancipated minor or a minor who is not residing with the 9 parent or guardian. The bill provides that this provision does 10 not apply to a hearing or vision examination. 11 The bill requires school districts, charter schools, and 12 innovation zone schools to give written notice to a student’s 13 parent or guardian of an examination or survey of the student 14 required by state or federal law that is designed to assess 15 the student’s mental, emotional, or physical health not less 16 than seven days prior to the examination or survey. The bill 17 requires the notice to contain a copy of the examination 18 or survey. This provision applies only to the parents or 19 guardians of a minor child who is in the direct care of 20 the parent or guardian, and does not apply to the parents 21 or guardians of an emancipated minor or a minor who is not 22 residing with the parent or guardian. The bill provides 23 that this provision does not apply to a hearing or vision 24 examination. 25 The bill requires each school district to publish all of the 26 following information related to the current school year on 27 the school district’s internet site: a list of all materials 28 that will be used to teach students in each class in the school 29 district; a list of all persons in direct contact with students 30 enrolled in the school district who contract with or otherwise 31 receive moneys from the board of directors of the school 32 district; a list of all books available to students in the 33 classroom and in libraries operated by the school district; a 34 detailed explanation of the procedures in effect for the parent 35 -18- LSB 1274SV (3) 90 jda/jh 18/ 23

S.F. 496 or guardian of a student enrolled in the school district to 1 request the removal of educational material that is available 2 to students in the classroom or in a library operated by the 3 school district; and a detailed explanation of the procedures 4 in effect to request the review of decisions made by the board 5 of directors of the school district. The bill also requires 6 each school district to update this information at least two 7 times each semester or at the start of each trimester, as 8 applicable. 9 The bill requires each school district to notify the 10 department of education that the board of directors of the 11 school district has removed a book from a library operated 12 by the school district, a classroom, or any area on school 13 district property within seven days after removal if the book 14 was removed because the board determined the book constituted 15 or contained obscene material or sexually explicit material. 16 The bill also requires the department to make available on 17 the department’s internet site, and update at least monthly, 18 a comprehensive list (removal list) of all of these notices, 19 sortable by the book’s title and author and the school 20 districts that have removed the book from libraries operated 21 by the school district, classrooms, or any areas on school 22 property. 23 The bill enacts new Code section 279.80, which requires a 24 school district to immediately notify the parent or guardian 25 of a minor child enrolled in the school district if any 26 employee of the school district reasonably believes the 27 minor child has expressed a gender identity that is different 28 than the biological sex listed on the minor child’s official 29 birth certificate or certificate issued upon adoption if the 30 certificate was issued at or near the time of the minor child’s 31 birth. The bill provides that, notwithstanding this provision, 32 if a school district determines based on actual threats to 33 safety of the minor child that notifying the parent or guardian 34 may result in serious harm to the minor child, the school 35 -19- LSB 1274SV (3) 90 jda/jh 19/ 23