House File 348 - Reprinted HOUSE FILE 348 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 8) (As Amended and Passed by the House March 8, 2023 ) A BILL FOR An Act prohibiting instruction related to gender identity and 1 sexual orientation in school districts and charter schools 2 in kindergarten through grade six. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 348 (3) 90 jda/jh/md

H.F. 348 Section 1. Section 256.11, subsections 2 and 3, Code 2023, 1 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 279.77, 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 279.77 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, age-appropriate and research-based 18 human growth and development, physical education, traffic 19 safety, music, and visual art , and, subject to section 20 279.77, age-appropriate and research-based human growth and 21 development . Computer science instruction incorporating 22 the standards established under section 256.7, subsection 23 26 , paragraph “a” , subparagraph (4), shall be offered in 24 at least one grade level commencing with the school year 25 beginning July 1, 2023. The health curriculum shall include 26 the characteristics of communicable diseases including acquired 27 immune deficiency syndrome. The state board as part of 28 accreditation standards shall adopt curriculum definitions for 29 implementing the elementary program. 30 Sec. 2. Section 256E.7, subsection 2, Code 2023, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . 0j. Be subject to and comply with the 33 requirements of section 279.77 relating to sexual orientation 34 and gender identity instruction in kindergarten through grade 35 -1- HF 348 (3) 90 jda/jh/md 1/ 3

H.F. 348 six in the same manner as a school district. 1 Sec. 3. Section 279.50, subsections 1 and 2, Code 2023, are 2 amended to read as follows: 3 1. Each Subject to section 279.77, each school board shall 4 provide instruction in kindergarten which gives attention 5 to experiences relating to life skills and human growth and 6 development as required in section 256.11 . School districts 7 shall use research provided in section 256.9, subsection 46 , 8 paragraph “b” , to evaluate and upgrade their instructional 9 materials and teaching strategies for human growth and 10 development. 11 2. Each school board shall provide age-appropriate and 12 research-based instruction in human growth and development 13 including instruction regarding human sexuality, self-esteem, 14 stress management, interpersonal relationships, domestic 15 abuse, HPV and the availability of a vaccine to prevent HPV, 16 and acquired immune deficiency syndrome as required in section 17 256.11 , in grades one seven through twelve. 18 Sec. 4. Section 279.50, Code 2023, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 1A. Subject to section 279.77, each 21 school board shall provide age-appropriate and research-based 22 instruction in human growth and development including 23 instruction regarding human sexuality, self-esteem, stress 24 management, interpersonal relationships, domestic abuse, HPV 25 and the availability of a vaccine to prevent HPV, and acquired 26 immune deficiency syndrome as required in section 256.11, in 27 grades one through six. 28 Sec. 5. NEW SECTION . 279.77 Sexual orientation and gender 29 identity —— prohibited instruction. 30 1. As used in this section: 31 a. “Gender identity” means the same as defined in section 32 216.2. 33 b. “Sexual orientation” means the same as defined in section 34 216.2. 35 -2- HF 348 (3) 90 jda/jh/md 2/ 3

H.F. 348 2. A school district shall not provide any program, 1 curriculum, test, survey, questionnaire, promotion, or 2 instruction relating to gender identity or sexual orientation 3 to students in kindergarten through grade six. 4 3. a. If, as a result of complying with the requirements of 5 this section, a civil action is instituted against a member of 6 the board of directors of a school district, a school district, 7 or an employee of a school district, the attorney general shall 8 provide legal representation at no cost to the member of the 9 board of directors of the school district, the school district, 10 or the employee of a school district in the civil action. 11 b. In addition to the expenses of legal representation, 12 the state shall assume financial responsibility for any other 13 expenses related to the civil action described in paragraph “a” 14 incurred by the member of the board of directors of a school 15 district, the school district, or the employee of the school 16 district, including any award for attorney fees or court costs 17 and the loss of any federal funds as a result of the civil 18 action. 19 -3- HF 348 (3) 90 jda/jh/md 3/ 3