Senate File 83 - Introduced SENATE FILE 83 BY J. TAYLOR , GUTH , LOFGREN , GARRETT , WESTRICH , ROWLEY , ZAUN , SALMON , ROZENBOOM , GREEN , EVANS , DE WITT , ALONS , SWEENEY , REICHMAN , and COURNOYER A BILL FOR An Act relating to instruction relating to gender identity in 1 the curriculum provided to students enrolled in kindergarten 2 through grade eight in school districts, accredited 3 nonpublic schools, and charter schools and creating a 4 private cause of action. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1325XS (6) 90 jda/jh

S.F. 83 Section 1. Section 256.11, subsections 2, 3, and 4, Code 1 2023, 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 8 and human growth and development. A kindergarten teacher 9 shall be licensed to teach in kindergarten. An accredited 10 nonpublic school must meet the requirements of this subsection 11 only if the nonpublic school offers a kindergarten program. 12 The curriculum provided to students in accordance with this 13 subsection shall not include instruction relating to gender 14 identity as defined in section 216.2. 15 3. The following areas shall be taught in grades one through 16 six: English-language arts, social studies, mathematics, 17 science, health, age-appropriate and research-based human 18 growth and development, physical education, traffic safety, 19 music, and visual art. Computer science instruction 20 incorporating the standards established under section 256.7, 21 subsection 26 , paragraph “a” , subparagraph (4), shall be 22 offered in at least one grade level commencing with the school 23 year beginning July 1, 2023. The health curriculum shall 24 include the characteristics of communicable diseases including 25 acquired immune deficiency syndrome. The state board as part 26 of accreditation standards shall adopt curriculum definitions 27 for implementing the elementary program. The curriculum 28 provided to students in accordance with this subsection shall 29 not include instruction relating to gender identity as defined 30 in section 216.2. 31 4. The following shall be taught in grades seven and 32 eight: English-language arts; social studies; mathematics; 33 science; health; age-appropriate and research-based human 34 growth and development; career exploration and development; 35 -1- LSB 1325XS (6) 90 jda/jh 1/ 3

S.F. 83 physical education; music; and visual art. Computer science 1 instruction incorporating the standards established under 2 section 256.7, subsection 26 , paragraph “a” , subparagraph (4), 3 shall be offered in at least one grade level commencing with 4 the school year beginning July 1, 2023. Career exploration 5 and development shall be designed so that students are 6 appropriately prepared to create an individual career 7 and academic plan pursuant to section 279.61 , incorporate 8 foundational career and technical education concepts aligned 9 with the six career and technical education service areas 10 as defined in subsection 5 , paragraph “h” , and incorporate 11 relevant twenty-first century skills. The health curriculum 12 shall include age-appropriate and research-based information 13 regarding the characteristics of sexually transmitted diseases, 14 including HPV and the availability of a vaccine to prevent 15 HPV, and acquired immune deficiency syndrome. The state board 16 as part of accreditation standards shall adopt curriculum 17 definitions for implementing the program in grades seven 18 and eight. However, this subsection shall not apply to the 19 teaching of career exploration and development in nonpublic 20 schools. For purposes of this section , “age-appropriate” , 21 “HPV” , and “research-based” mean the same as defined in section 22 279.50 . The curriculum provided to students in accordance 23 with this subsection shall not include instruction relating to 24 gender identity as defined in section 216.2. 25 Sec. 2. NEW SECTION . 280.33 Instruction related to gender 26 identity —— private cause of action. 27 1. A parent or guardian of a student alleging a violation 28 of the prohibition against providing curriculum that includes 29 instruction relating to gender identity provided in section 30 256.11, subsection 2, 3, or 4, may bring a civil action 31 for injunctive relief against a school district, accredited 32 nonpublic school, or charter school to prohibit the school 33 district, accredited nonpublic school, or charter school from 34 continuing such violation. 35 -2- LSB 1325XS (6) 90 jda/jh 2/ 3

S.F. 83 2. If a parent or guardian is the prevailing party in a 1 civil action instituted pursuant to subsection 1, the court 2 shall award reasonable court costs and attorney fees to the 3 parent or guardian. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill establishes that the curriculum utilized in 8 kindergarten through grade eight by a school district, 9 accredited nonpublic school, or charter school in accordance 10 with the state’s educational standards shall not include 11 instruction relating to gender identity. “Gender identity”, 12 for purposes of the bill, means a gender-related identity of a 13 person, regardless of the person’s assigned sex at birth. 14 The bill provides that if a school district, accredited 15 nonpublic school, or charter school violates this prohibition, 16 a parent or guardian of a student may bring a civil action 17 for injunctive relief against the school district, accredited 18 nonpublic school, or charter school to prohibit the school 19 district, accredited nonpublic school, or charter school from 20 continuing such violation. The bill also provides that if the 21 parent or guardian is the prevailing party in this action, the 22 court shall award reasonable court costs and attorney fees to 23 the parent or guardian. 24 -3- LSB 1325XS (6) 90 jda/jh 3/ 3