Senate File 113 - Introduced SENATE FILE 113 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 2212XS (2) 91 jda/jh

S.F. 113 Section 1. Section 256.11, subsections 2, 3, 4, 9, and 19, 1 Code 2025, 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, including 30 instruction related to civics; mathematics; science; 31 health; age-appropriate and research-based human growth and 32 development; career exploration and development; physical 33 education; music; and visual art. Computer science instruction 34 incorporating the standards established under section 256.7, 35 -1- LSB 2212XS (2) 91 jda/jh 1/ 9

S.F. 113 subsection 26 , paragraph “a” , subparagraph (4), shall be 1 offered in at least one grade level commencing with the 2 school year beginning July 1, 2023. Career exploration 3 and development shall be designed so that students are 4 appropriately prepared to create an individual career 5 and academic plan pursuant to section 279.61 , incorporate 6 foundational career and technical education concepts aligned 7 with the six career and technical education service areas as 8 defined in subsection 5 , paragraph “h” , incorporate relevant 9 twenty-first century skills to facilitate career readiness, 10 and introduce students to career opportunities within the 11 local community and across this state. The health curriculum 12 shall include age-appropriate and research-based information 13 regarding the characteristics of sexually transmitted diseases , 14 including human papilloma virus, as defined by the centers for 15 disease control and prevention of the United States department 16 of health and human services, and the availability of a 17 vaccine to prevent the human papilloma virus, and acquired 18 immune deficiency syndrome . The state board as part of 19 accreditation standards shall adopt curriculum definitions for 20 implementing the program in grades seven and eight. However, 21 this subsection shall not apply to the teaching of career 22 exploration and development in nonpublic schools. 23 9. a. (1) Beginning July 1, 2023, each school district 24 shall employ either a qualified teacher librarian licensed 25 by the board of educational examiners or a person previously 26 employed as a librarian by a public library. The board of 27 educational examiners shall not require an applicant for a 28 teacher librarian license to have a master’s degree. 29 (2) Each school district shall establish a kindergarten 30 through grade twelve library program that is consistent with 31 section 280.6 and with the educational standards established 32 in this section, contains only age-appropriate materials, and 33 supports the student achievement goals of the total school 34 curriculum. 35 -2- LSB 2212XS (2) 91 jda/jh 2/ 9

S.F. 113 (3) If, after investigation, the department determines 1 that a school district or an employee of a school district has 2 violated the provisions of subparagraph (2) related to library 3 programs containing only age-appropriate materials, beginning 4 January 1, 2024, the school district or employee of the school 5 district, as applicable, shall be subject to the following: 6 (a) For the first violation of subparagraph (2), the 7 department shall issue a written warning to the board 8 of directors of the school district or the employee, as 9 applicable. 10 (b) (i) For a second or subsequent violation of 11 subparagraph (2), if the department finds that a school 12 district knowingly violated subparagraph (2), the 13 superintendent of the school district shall be subject to 14 a hearing conducted by the board of educational examiners 15 pursuant to section 256.146, subsection 13 , which may result 16 in disciplinary action. 17 (ii) For a second or subsequent violation of subparagraph 18 (2), if the department finds that an employee of the school 19 district who holds a license, certificate, authorization, or 20 statement of recognition issued by the board of educational 21 examiners knowingly violated subparagraph (2), the employee 22 shall be subject to a hearing conducted by the board of 23 educational examiners pursuant to section 256.146, subsection 24 13 , which may result in disciplinary action. 25 b. The state board shall establish in rule standards for 26 school district library programs, which shall be designed to 27 provide for methods to improve library collections to meet 28 student needs, include a current and diverse collection of 29 fiction and nonfiction materials in a variety of formats 30 to support student curricular needs, and include a plan 31 for annually updating and replacing library materials and 32 equipment. 33 c. The state board shall establish in rule a definition 34 of and standards for an articulated sequential kindergarten 35 -3- LSB 2212XS (2) 91 jda/jh 3/ 9

S.F. 113 through grade twelve media program. 1 d. A school district that entered into a contract with an 2 individual for employment as a media specialist or librarian 3 prior to June 1, 2006, shall be considered to be in compliance 4 with this subsection until June 30, 2011, if the individual 5 is making annual progress toward meeting the requirements 6 for a teacher librarian endorsement issued by the board of 7 educational examiners. 8 19. For purposes of this section : 9 a. (1) “Age-appropriate” means topics, messages, and 10 teaching methods suitable to particular ages or age groups 11 of children and adolescents, based on developing cognitive, 12 emotional, and behavioral capacity typical for the age or age 13 group. “Age-appropriate” does not include any material with 14 descriptions or visual depictions of a sex act as defined in 15 section 702.17 . 16 (2) Notwithstanding subparagraph (1), for purposes of the 17 human growth and development curriculum, “age-appropriate” means 18 the same as defined in section 279.50 . 19 b. “Research-based” means the same as defined in section 20 279.50 . 21 Sec. 2. Section 256.11, subsection 5, paragraph j, 22 subparagraph (1), Code 2025, is amended to read as follows: 23 (1) One unit of health education which may include personal 24 health; food and nutrition; environmental health; safety and 25 survival skills; consumer health; family life; age-appropriate 26 and research-based human growth and development; substance 27 use disorder and nonuse; emotional and social health; health 28 resources; cardiopulmonary resuscitation; and prevention 29 and control of disease, including age-appropriate and 30 research-based information regarding sexually transmitted 31 diseases , including human papilloma virus, as defined by the 32 centers for disease control and prevention of the United States 33 department of health and human services, and the availability 34 of a vaccine to prevent the human papilloma virus, and acquired 35 -4- LSB 2212XS (2) 91 jda/jh 4/ 9

S.F. 113 immune deficiency syndrome . 1 Sec. 3. Section 256E.7, subsection 2, paragraphs n, o, and 2 p, Code 2025, are amended by striking the paragraphs. 3 Sec. 4. Section 256F.4, subsection 2, paragraphs l, m, and 4 n, Code 2025, are amended by striking the paragraphs. 5 Sec. 5. Section 279.50, subsections 1 and 2, Code 2025, are 6 amended to read as follows: 7 1. Subject to section 279.80 , each Each school board shall 8 provide instruction in kindergarten which gives attention 9 to experiences relating to life skills and human growth and 10 development as required in section 256.11 . School districts 11 shall use research provided in section 256.9, subsection 46 , 12 paragraph “b” , to evaluate and upgrade their instructional 13 materials and teaching strategies for human growth and 14 development. 15 2. Subject to section 279.80 , each Each school board shall 16 provide age-appropriate and research-based instruction in 17 human growth and development including instruction regarding 18 self-esteem, stress management, interpersonal relationships, 19 and domestic abuse , the human papilloma virus, as defined by 20 the centers for disease control and prevention of the United 21 States department of health and human services, and the 22 availability of a vaccine to prevent the human papilloma virus, 23 and acquired immune deficiency syndrome, in grades one through 24 six. 25 Sec. 6. Section 279.76, subsection 1, paragraph a, Code 26 2025, is amended to read as follows: 27 a. Each school district is prohibited from administering 28 or conducting an invasive physical examination of a student, 29 a student health screening that is not required by state or 30 federal law, or a formal examination or survey of a student 31 that is designed to assess the student’s mental, emotional, or 32 physical health that is not required by state or federal law, 33 without first acquiring the written consent of the student’s 34 parent or guardian. This section applies only to a minor child 35 -5- LSB 2212XS (2) 91 jda/jh 5/ 9

S.F. 113 in the direct care of a parent or guardian, and does not apply 1 to an emancipated minor or a minor who is not residing with the 2 parent or guardian. 3 Sec. 7. Section 299A.9, subsection 1, Code 2025, is amended 4 to read as follows: 5 1. A child of compulsory attendance age who is identified 6 as requiring special education under chapter 256B is eligible 7 for placement under competent private instruction with prior 8 approval of the placement by the director of special education 9 of the area education agency of the child’s district of 10 residence . 11 Sec. 8. REPEAL. Sections 279.77, 279.78, 279.79, 279.80, 12 and 601.1, Code 2025, are repealed. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to children and students, including by 17 modifying provisions related to a parent’s or guardian’s rights 18 to make decisions affecting the parent’s or guardian’s child, 19 the educational program and human growth and development 20 curriculum provided to students enrolled in school districts, 21 charter schools, and innovation zone schools, student 22 health screenings, school district library programs, special 23 education, and other duties of school districts and the 24 governing boards of charter schools and innovation zone 25 schools. 26 The bill requires the health curriculum provided to students 27 enrolled in grades one through six in school districts and 28 accredited nonpublic schools to include instruction related to 29 the characteristics of acquired immune deficiency syndrome. 30 The bill requires the human growth and development instruction 31 provided to students enrolled in grades 7 through 12 in 32 school districts and accredited nonpublic schools to include 33 instruction related to the human papilloma virus, as defined 34 by the centers for disease control and prevention of the 35 -6- LSB 2212XS (2) 91 jda/jh 6/ 9

S.F. 113 United States department of health and human services, and the 1 availability of a vaccine to prevent the human papilloma virus, 2 and acquired immune deficiency syndrome. 3 Current law requires that school district library programs 4 be consistent with Code section 280.6 (religious books) 5 and contain only age-appropriate materials. Current law 6 establishes enforcement mechanisms related to the requirements 7 concerning school district libraries containing only 8 age-appropriate materials. The bill strikes these provisions. 9 Current law requires the state board of education to establish 10 in rule standards for school district library programs, which 11 standards shall be designed to provide for methods to improve 12 library collections to meet student needs, include a current 13 and diverse collection of fiction and nonfiction materials 14 in a variety of formats to support student curricular needs, 15 and include a plan for annually updating and replacing library 16 materials and equipment. The bill strikes these provisions. 17 The bill modifies the definition of “age-appropriate” for 18 purposes of the educational program established under Code 19 section 256.11. 20 Current law prohibits school districts, charter schools, 21 and innovation zone schools from administering or conducting a 22 formal examination or survey of a student that is designed to 23 assess the student’s mental, emotional, or physical health that 24 is not required by state or federal law without acquiring the 25 written consent of the student’s parent or guardian. The bill 26 strikes this provision. 27 Current law provides that a child of compulsory attendance 28 age who is identified as requiring special education under Code 29 chapter 256B is eligible for placement under competent private 30 instruction. The bill modifies this provision to provide 31 that such a child is eligible for placement under competent 32 private instruction with prior approval of the placement by the 33 director of special education of the area education agency of 34 the child’s district of residence. 35 -7- LSB 2212XS (2) 91 jda/jh 7/ 9

S.F. 113 Current Code section 279.77 requires school districts to 1 post certain specified information on the school district’s 2 internet site and adopt a policy describing the procedures for 3 the parent or guardian of a student enrolled in the school 4 district, or a resident of the school district, to review 5 the instructional materials used in classrooms in the school 6 district. The bill repeals Code section 279.77. 7 Current Code section 279.78 prohibits school districts, 8 charter schools, and innovation zone schools from knowingly 9 giving false or misleading information to the parent or 10 guardian of a student regarding the student’s gender identity 11 or intention to transition to a gender that is different than 12 the sex listed on a student’s official birth certificate 13 or certificate issued upon adoption. Current Code section 14 279.78 provides that if a student enrolled in a school 15 district, charter school, or innovation zone school requests an 16 accommodation that is intended to affirm the student’s gender 17 identity from a licensed practitioner employed by the school, 18 including a request that the licensed practitioner address the 19 student using a name or pronoun that is different than the name 20 or pronoun assigned to the student in the school’s registration 21 forms or records, the licensed practitioner is required to 22 report the student’s request to an administrator employed by 23 the school, and the administrator is required to report the 24 student’s request to the student’s parent or guardian. The 25 bill repeals Code section 279.78. 26 Current Code section 279.79 requires school districts, 27 charter schools, and innovation zone schools to receive the 28 prior written consent of a student’s parent or guardian before 29 requiring a student to take part in any survey, analysis, 30 activity, or evaluation that reveals certain specified 31 information. Current Code section 279.79 provides that an 32 employee or contractor of a school district, charter school, 33 or innovation zone school is prohibited from answering any 34 question pertaining to any particular student enrolled in 35 -8- LSB 2212XS (2) 91 jda/jh 8/ 9

S.F. 113 the school in any survey related to the social or emotional 1 abilities, competencies, or characteristics of the student, 2 unless the school satisfies certain specified requirements. 3 The bill repeals Code section 279.79. 4 Current Code section 279.80 prohibits school districts, 5 charter schools, and innovation zone schools from providing any 6 program, curriculum, test, survey, questionnaire, promotion, or 7 instruction relating to gender identity or sexual orientation 8 to students in kindergarten through grade six. The bill 9 repeals Code section 279.80 and makes conforming changes. 10 Current Code section 601.1 provides that, except as provided 11 in Code section 147.164 (gender transition procedure —— related 12 activities —— minors —— prohibitions), a parent or guardian 13 bears the ultimate responsibility, and has the fundamental, 14 constitutionally protected right, to make decisions affecting 15 the parent’s or guardian’s minor child, including decisions 16 related to the minor child’s medical care, moral upbringing, 17 religious upbringing, residence, education, and extracurricular 18 activities. The bill repeals Code section 601.1. 19 -9- LSB 2212XS (2) 91 jda/jh 9/ 9