Senate File 496 - Reprinted SENATE FILE 496 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 1145) (As Amended and Passed by the Senate March 22, 2023 ) 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, 3 prohibiting instruction related to gender identity and 4 sexual orientation in school districts, charter schools, 5 and innovation zone schools in kindergarten through 6 grade six, and modifying provisions related to student 7 health screenings, school district library programs, 8 the educational program provided to students enrolled in 9 school districts, accredited nonpublic schools, and charter 10 schools, other duties of school districts and the governing 11 boards of charter schools and innovation zone schools, 12 competent private instruction, and special education. 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 14 SF 496 (4) 90 jda/jh/mb

S.F. 496 Section 1. Section 256.11, unnumbered paragraph 1, Code 1 2023, is amended to read as follows: 2 The state board shall adopt rules under chapter 17A and 3 a procedure for accrediting all public and nonpublic schools 4 in Iowa offering instruction at any or all levels from the 5 prekindergarten level through grade twelve. The rules of 6 the state board shall require that a an age-appropriate, 7 multicultural, and gender-fair approach is used by schools and 8 school districts. The educational program shall be taught from 9 a an age-appropriate, multicultural, and gender-fair approach. 10 Global perspectives shall be incorporated into all levels of 11 the educational program. The rules adopted by the state board 12 pursuant to section 256.17, Code Supplement 1987 , to establish 13 new standards shall satisfy the requirements of this section to 14 adopt rules to implement the educational program contained in 15 this section . The educational program shall be as follows: 16 Sec. 2. Section 256.11, subsections 2, 3, 4, and 9, Code 17 2023, are amended to read as follows: 18 2. The kindergarten program shall include experiences 19 designed to develop healthy emotional and social habits and 20 growth in the language arts and communication skills, as well 21 as a capacity for the completion of individual tasks, and 22 protect and increase physical well-being with attention given 23 to experiences relating to the development of life skills and , 24 subject to section 279.80, age-appropriate and research-based 25 human growth and development. A kindergarten teacher shall be 26 licensed to teach in kindergarten. An accredited nonpublic 27 school must meet the requirements of this subsection only if 28 the nonpublic school offers a kindergarten program ; provided, 29 however, that section 279.80 shall not apply to a nonpublic 30 school . 31 3. The following areas shall be taught in grades one through 32 six: English-language arts, social studies, mathematics, 33 science, health, age-appropriate and research-based 34 human growth and development, physical education, traffic 35 -1- SF 496 (4) 90 jda/jh/mb 1/ 15

S.F. 496 safety, music, and visual art , and, subject to section 1 279.80, age-appropriate and research-based human growth and 2 development . Computer science instruction incorporating 3 the standards established under section 256.7, subsection 4 26 , paragraph “a” , subparagraph (4), shall be offered in 5 at least one grade level commencing with the school year 6 beginning July 1, 2023. The health curriculum shall include 7 the characteristics of communicable diseases including acquired 8 immune deficiency syndrome . The state board as part of 9 accreditation standards shall adopt curriculum definitions for 10 implementing the elementary program. 11 4. The following shall be taught in grades seven and 12 eight: English-language arts; social studies; mathematics; 13 science; health; age-appropriate and research-based human 14 growth and development; career exploration and development; 15 physical education; music; and visual art. Computer science 16 instruction incorporating the standards established under 17 section 256.7, subsection 26 , paragraph “a” , subparagraph (4), 18 shall be offered in at least one grade level commencing with 19 the school year beginning July 1, 2023. Career exploration 20 and development shall be designed so that students are 21 appropriately prepared to create an individual career 22 and academic plan pursuant to section 279.61 , incorporate 23 foundational career and technical education concepts aligned 24 with the six career and technical education service areas 25 as defined in subsection 5 , paragraph “h” , and incorporate 26 relevant twenty-first century skills. The health curriculum 27 shall include age-appropriate and research-based information 28 regarding the characteristics of sexually transmitted diseases , 29 including HPV and the availability of a vaccine to prevent 30 HPV, and acquired immune deficiency syndrome . The state board 31 as part of accreditation standards shall adopt curriculum 32 definitions for implementing the program in grades seven 33 and eight. However, this subsection shall not apply to the 34 teaching of career exploration and development in nonpublic 35 -2- SF 496 (4) 90 jda/jh/mb 2/ 15

S.F. 496 schools. For purposes of this section , “age-appropriate” , 1 “HPV” , and “research-based” mean the same as defined in section 2 279.50 . 3 9. a. (1) Beginning July 1, 2006, each school district shall 4 have a qualified teacher librarian who shall be licensed by 5 the board of educational examiners under chapter 272 chapter 6 256 . Each school district shall establish a kindergarten 7 through grade twelve library program that is consistent with 8 the educational standards established in this section, contains 9 only age-appropriate materials, and supports the student 10 achievement goals of the total school curriculum. 11 (2) If, after investigation, the department of education 12 determines that a school district or an employee of a school 13 district has violated the provisions of subparagraph (1) 14 related to library programs containing only age-appropriate 15 materials, beginning January 1, 2024, the school district 16 or employee of the school district, as applicable, shall be 17 subject to the following: 18 (a) For the first violation of subparagraph (1), the 19 department of education shall issue a written warning to the 20 board of directors of the school district or the employee, as 21 applicable. 22 (b) (i) For a second or subsequent violation of 23 subparagraph (1), if the department of education finds that 24 a school district knowingly violated subparagraph (1), the 25 superintendent of the school district shall be subject to 26 a hearing conducted by the board of educational examiners 27 pursuant to section 272,2, subsection 14, which may result in 28 disciplinary action. 29 (ii) For a second or subsequent violation of subparagraph 30 (1), if the department of education finds that an employee 31 of the school district who holds a license, certificate, 32 authorization, or statement of recognition issued by the board 33 of educational examiners knowingly violated subparagraph (1), 34 the employee shall be subject to a hearing conducted by the 35 -3- SF 496 (4) 90 jda/jh/mb 3/ 15

S.F. 496 board of educational examiners pursuant to section 272.2, 1 subsection 14, which may result in disciplinary action. 2 b. The state board shall establish in rule a definition 3 of and standards for an articulated sequential kindergarten 4 through grade twelve media program. 5 c. A school district that entered into a contract with an 6 individual for employment as a media specialist or librarian 7 prior to June 1, 2006, shall be considered to be in compliance 8 with this subsection until June 30, 2011, if the individual 9 is making annual progress toward meeting the requirements 10 for a teacher librarian endorsement issued by the board of 11 educational examiners under chapter 272 chapter 256 . A school 12 district that entered into a contract with an individual for 13 employment as a media specialist or librarian who holds at 14 least a master’s degree in library and information studies 15 shall be considered to be in compliance with this subsection 16 until the individual leaves the employ of the school district. 17 Sec. 3. Section 256.11, subsection 5, paragraph b, Code 18 2023, is amended to read as follows: 19 b. (1) Five units of the social studies including 20 instruction in voting statutes and procedures, voter 21 registration requirements, the use of paper ballots and voting 22 systems in the election process, and the method of acquiring 23 and casting an absentee ballot. All students shall complete a 24 minimum of one-half unit of United States government and one 25 unit of United States history. 26 (2) The one-half unit of United States government shall 27 include the all of the following: 28 (a) The voting procedure as described in this lettered 29 paragraph and section 280.9A . The government instruction shall 30 also include a 31 (b) A study of the Constitution of the United States and the 32 Bill of Rights contained in the Constitution and an assessment 33 of a student’s knowledge of the Constitution and the Bill of 34 Rights. 35 -4- SF 496 (4) 90 jda/jh/mb 4/ 15

S.F. 496 (c) (i) An assessment of the student’s knowledge of 1 United States government and civics that includes the nature, 2 purpose, structure, function, and history of the United States 3 government, the rights and responsibilities of citizens of 4 the United States, and important United States government and 5 civic leaders. The most recent version of the civics test 6 developed by the United States citizenship and immigration 7 services shall be used as the assessment required by this 8 subparagraph division. On or before June 30 of each year, each 9 school district and accredited nonpublic school shall submit 10 the results of the assessment required by this subparagraph 11 division to the department. 12 (ii) The school district or accredited nonpublic school 13 may modify the civics test developed by the United States 14 citizenship and immigration services for a student who has an 15 individualized education program. 16 (iii) A student shall answer at least seventy percent of 17 the questions on the civics test developed by the United States 18 citizenship and immigration services correctly as a condition 19 of graduation. A student who fails to answer at least seventy 20 percent of the questions on the civics test correctly may 21 retake the civics test as many times as necessary. 22 Sec. 4. Section 256.11, subsection 5, paragraph j, 23 subparagraph (1), Code 2023, is amended to read as follows: 24 (1) One unit of health education which shall include 25 personal health; food and nutrition; environmental health; 26 safety and survival skills; consumer health; family life; 27 age-appropriate and research-based human growth and 28 development; substance abuse and nonuse; emotional and 29 social health; health resources; and prevention and control 30 of disease, including age-appropriate and research-based 31 information regarding sexually transmitted diseases , including 32 HPV and the availability of a vaccine to prevent HPV, and 33 acquired immune deficiency syndrome . 34 Sec. 5. Section 256.11, Code 2023, is amended by adding the 35 -5- SF 496 (4) 90 jda/jh/mb 5/ 15

S.F. 496 following new subsection: 1 NEW SUBSECTION . 19. For purposes of this section: 2 a. (1) “Age-appropriate” means topics, messages, and 3 teaching methods suitable to particular ages or age groups 4 of children and adolescents, based on developing cognitive, 5 emotional, and behavioral capacity typical for the age or age 6 group. “Age-appropriate” does not include any material with 7 descriptions or visual depictions of a sex act as defined in 8 section 702.17. 9 (2) Notwithstanding subparagraph (1), for purposes of the 10 human growth and development curriculum, “age-appropriate” means 11 the same as defined in section 279.50. 12 b. “Research-based” means the same as defined in section 13 279.50. 14 Sec. 6. Section 256E.7, subsection 2, paragraph i, Code 15 2023, is amended to read as follows: 16 i. Be subject to and comply with section 279.76 relating 17 to physical examinations , and health screenings , and formal 18 examinations or surveys designed to assess a student’s mental, 19 emotional, or physical health in the same manner as a school 20 district. 21 Sec. 7. Section 256E.7, subsection 2, Code 2023, is amended 22 by adding the following new paragraphs: 23 NEW PARAGRAPH . 0j. Be subject to and comply with the 24 requirements of section 279.78 relating to notifications 25 required to be provided to the parents and guardians of minor 26 children and the rights of parents and guardians of minor 27 children in the same manner as a school district. 28 NEW PARAGRAPH . 00j. Be subject to and comply with the 29 requirements of section 279.79 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 . 000j. Be subject to and comply with the 33 requirements of section 279.80 relating to sexual orientation 34 and gender identity instruction in kindergarten through grade 35 -6- SF 496 (4) 90 jda/jh/mb 6/ 15

S.F. 496 six in the same manner as a school district. 1 Sec. 8. Section 256F.4, subsection 2, paragraph k, Code 2 2023, is amended to read as follows: 3 k. Be subject to and comply with section 279.76 relating 4 to physical examinations , and health screenings , and formal 5 examinations or surveys designed to assess a student’s mental, 6 emotional, or physical health in the same manner as a school 7 district. 8 Sec. 9. Section 256F.4, subsection 2, Code 2023, is amended 9 by adding the following new paragraphs: 10 NEW PARAGRAPH . l. Be subject to and comply with the 11 requirements of section 279.78 relating to notifications 12 required to be provided to the parents and guardians of minor 13 children and the rights of parents and guardians of minor 14 children in the same manner as a school district. 15 NEW PARAGRAPH . m. Be subject to and comply with the 16 requirements of section 279.79 relating to student, employee, 17 and contractor participation in surveys, analyses, activities, 18 or evaluations in the same manner as a school district. 19 NEW PARAGRAPH . n. Be subject to and comply with the 20 requirements of section 279.80 relating to sexual orientation 21 and gender identity instruction in kindergarten through grade 22 six in the same manner as a school district. 23 Sec. 10. Section 279.50, subsections 1 and 2, Code 2023, are 24 amended to read as follows: 25 1. Each Subject to section 279.80, each school board shall 26 provide instruction in kindergarten which gives attention 27 to experiences relating to life skills and human growth and 28 development as required in section 256.11 . School districts 29 shall use research provided in section 256.9, subsection 46 , 30 paragraph “b” , to evaluate and upgrade their instructional 31 materials and teaching strategies for human growth and 32 development. 33 2. Each school board shall provide age-appropriate and 34 research-based instruction in human growth and development 35 -7- SF 496 (4) 90 jda/jh/mb 7/ 15

S.F. 496 including instruction regarding human sexuality, self-esteem, 1 stress management, interpersonal relationships, domestic 2 abuse, HPV and the availability of a vaccine to prevent HPV, 3 and acquired immune deficiency syndrome and the prevention and 4 control of disease, including sexually transmitted diseases as 5 required in section 256.11 , in grades one seven through twelve. 6 Sec. 11. Section 279.50, Code 2023, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 1A. Subject to section 279.80, each 9 school board shall provide age-appropriate and research-based 10 instruction in human growth and development including 11 instruction regarding self-esteem, stress management, 12 interpersonal relationships, and domestic abuse in grades one 13 through six. 14 Sec. 12. Section 279.50, subsection 9, paragraphs b and c, 15 Code 2023, are amended by striking the paragraphs. 16 Sec. 13. Section 279.76, subsection 1, Code 2023, is amended 17 to read as follows: 18 1. a. Each school district is prohibited from administering 19 or conducting an invasive physical examination of a student, 20 or a student health screening that is not required by state or 21 federal law, or a formal examination or survey of a student 22 that is designed to assess the student’s mental, emotional, or 23 physical health that is not required by state or federal law, 24 without first acquiring the written consent of the student’s 25 parent or guardian. This section applies only to a minor child 26 in the direct care of a parent or guardian, and does not apply 27 to an emancipated minor or a minor who is not residing with the 28 parent or guardian. 29 b. Each school district shall give written notice to a 30 student’s parent or guardian of an examination or survey of 31 the student required by state or federal law that is designed 32 to assess the student’s mental, emotional, or physical health 33 not less than seven days prior to the examination or survey. 34 The notice shall include a copy of the examination or survey 35 -8- SF 496 (4) 90 jda/jh/mb 8/ 15

S.F. 496 or a link to an internet site where the parent or guardian may 1 access the examination or survey. 2 c. This subsection shall not apply to a hearing or vision 3 examination. 4 Sec. 14. NEW SECTION . 279.77 Transparency —— publication 5 of school district information. 6 1. Each school district shall publish all of the following 7 information related to the current school year on the school 8 district’s internet site: 9 a. A comprehensive list of all persons in direct contact 10 with students enrolled in the school district and all persons 11 who contract with or otherwise receive moneys from the board of 12 directors of the school district for purposes of facilitating 13 student activities or providing instruction to students. 14 b. A detailed explanation of the procedures or policies 15 in effect for the parent or guardian of a student enrolled in 16 the school district to request the removal of a book, article, 17 outline, handout, video, or other educational material that is 18 available to students in the classroom or in a library operated 19 by the school district. Each school district shall prominently 20 display the detailed explanation on the school district’s 21 internet site. 22 c. A detailed explanation of the procedures or policies in 23 effect to request the review of decisions made by the board 24 of directors of the school district, including the petition 25 process established pursuant to section 279.8B. 26 2. The board of directors of each school district shall 27 adopt a policy describing the procedures for the parent or 28 guardian of a student enrolled in the school district to review 29 the instructional materials used in the student’s classroom. 30 The policy shall include a process for the student’s parent 31 or guardian to request that the student not be provided 32 with certain instructional materials. The policy shall be 33 prominently displayed on the school district’s internet site 34 and the board of directors of the school district shall, at 35 -9- SF 496 (4) 90 jda/jh/mb 9/ 15

S.F. 496 least annually, provide a written or electronic copy of the 1 policy to the parent or guardian of each student enrolled 2 in the school district. For purposes of this section, 3 “instructional materials” means either printed or electronic 4 textbooks and related core materials that are written and 5 published primarily for use in elementary school and secondary 6 school instruction and are required by a state educational 7 agency or local educational agency for use by students in the 8 student’s classes by the teacher of record. “Instructional 9 materials” does not include lesson plans. 10 3. Each school district shall make available to the parent 11 or guardian of each student enrolled in the school district 12 a comprehensive list of all books available to students in 13 libraries operated by the school district by providing a link 14 on the school district’s internet site to the electronic 15 catalog of the books available in the libraries operated by the 16 school district. However, for school years beginning prior to 17 July 1, 2025, if the school district does not use an electronic 18 catalog, the school district may request a waiver from this 19 requirement from the department of education. 20 4. This section shall not be construed to require a school 21 district to do any of the following: 22 a. Reproduce educational materials that were not created by 23 a person employed by the board of directors. 24 b. Distribute any educational materials in a manner that 25 would infringe on the intellectual property rights of any 26 person. 27 Sec. 15. NEW SECTION . 279.78 Parental rights in education. 28 1. As used in this section: 29 a. “Gender identity” means the same as defined in section 30 216.2. 31 b. “Minor child” means an individual under eighteen years 32 of age. 33 2. a. Each school district shall immediately notify the 34 parent or guardian of a minor child enrolled in the school 35 -10- SF 496 (4) 90 jda/jh/mb 10/ 15

S.F. 496 district if any employee of the school district reasonably 1 believes that the minor child has expressed a gender identity 2 that is different than the biological sex listed on the minor 3 child’s official birth certificate or certificate issued upon 4 adoption if the certificate was issued at or near the time of 5 the minor child’s birth. 6 b. Notwithstanding paragraph “a” , if a school district 7 determines based on actual threats to the health, safety, or 8 welfare of a minor child enrolled in the school district that 9 notifying the parent or guardian of the minor child pursuant 10 to paragraph “a” may result in serious harm to the minor child, 11 the school district shall not notify the parent or guardian and 12 shall instead immediately report the school district’s safety 13 concerns to the department of health and human services so that 14 the department may determine whether the minor child is a child 15 in need of assistance under chapter 232. 16 3. The parent or guardian of a minor child enrolled in 17 a school district may access and review all school records 18 related to the minor child, including teacher evaluations of 19 the minor child and associated notes, evaluation information, 20 and documents created by the minor child, unless the federal 21 Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, or 22 chapter 232, subchapter III, part 2, prohibits the record from 23 being disclosed. 24 4. A school district must receive the prior written consent 25 of the parent or guardian of a minor child enrolled in the 26 school district before recognizing the minor child’s request to 27 change the minor child’s name or pronoun to a name or pronoun 28 that is different from the name or pronoun assigned to the 29 minor child in the school district’s registration forms or 30 records. 31 5. If, after investigation, the department of education 32 determines that a school district or an employee of a school 33 district has violated this section, the school district or 34 employee of the school district, as applicable, shall be 35 -11- SF 496 (4) 90 jda/jh/mb 11/ 15

S.F. 496 subject to the following: 1 a. For the first violation of this section, the department 2 of education shall issue a written warning to the board 3 of directors of the school district or the employee, as 4 applicable. 5 b. (1) For a second or subsequent violation of this 6 section, if the department of education finds that a school 7 district knowingly violated this section, the superintendent of 8 the school district shall be subject to a hearing conducted by 9 the board of educational examiners pursuant to section 272.2, 10 subsection 14, which may result in disciplinary action. 11 (2) For a second or subsequent violation of this section, 12 if the department of education finds that an employee of 13 the school district who holds a license, certificate, 14 authorization, or statement of recognition issued by the board 15 of educational examiners knowingly violated this section, the 16 employee shall be subject to a hearing conducted by the board 17 of educational examiners pursuant to section 272.2, subsection 18 14, which may result in disciplinary action. 19 6. The state board of education shall adopt rules pursuant 20 to chapter 17A to administer this section. 21 Sec. 16. NEW SECTION . 279.79 Protection of student rights. 22 1. The board of directors of a school district must 23 receive the prior written consent of a student’s parent or 24 guardian before requiring a student to take part in any survey, 25 analysis, activity, or evaluation that reveals information 26 concerning any of the following about the student or the 27 student’s family, whether the information is personally 28 identifiable or not: 29 a. The political affiliations or beliefs of the student or 30 the student’s parent or guardian. 31 b. Mental or psychological problems of the student or the 32 student’s family. 33 c. Sexual behavior, orientation, or attitudes. 34 d. Illegal, antisocial, self-incriminating, or demeaning 35 -12- SF 496 (4) 90 jda/jh/mb 12/ 15

S.F. 496 behavior. 1 e. Critical appraisals of other individuals with whom the 2 student has close familial relationships. 3 f. Legally recognized privileged or analogous relationships, 4 such as those of attorneys, physicians, or ministers. 5 g. Religious practices, affiliations, or beliefs of the 6 student or the student’s parent or guardian. 7 h. Income, except when required by law to determine 8 eligibility for participation in a program or for receiving 9 financial assistance under such a program. 10 2. An employee of a school district, or a contractor engaged 11 by a school district, shall not answer any question pertaining 12 to any particular student enrolled in the school district 13 in any survey related to the social or emotional abilities, 14 competencies, or characteristics of the student, unless the 15 board of directors of the school district satisfies all of the 16 following requirements: 17 a. The board of directors of the school district provides to 18 the parent or guardian of each student enrolled in the school 19 district detailed information related to the survey, including 20 the person who created the survey, the person who sponsors the 21 survey, how information generated by the survey is used, and 22 how information generated by the survey is stored. 23 b. The board of directors of the school district receives 24 the written consent from a student’s parent or guardian 25 authorizing the employee or contractor to answer questions in 26 the survey pertaining to the student. 27 3. Subsection 2 shall not be construed to prohibit an 28 employee of a school district, or a contractor engaged by a 29 school district, from answering questions pertaining to any 30 particular student enrolled in the school district as part of 31 the process of developing or implementing an individualized 32 education program for such student. 33 Sec. 17. NEW SECTION . 279.80 Sexual orientation and gender 34 identity —— prohibited instruction. 35 -13- SF 496 (4) 90 jda/jh/mb 13/ 15

S.F. 496 1. As used in this section: 1 a. “Gender identity” means the same as defined in section 2 216.2. 3 b. “Sexual orientation” means the same as defined in section 4 216.2. 5 2. A school district shall not provide any program, 6 curriculum, test, survey, questionnaire, promotion, or 7 instruction relating to gender identity or sexual orientation 8 to students in kindergarten through grade six. 9 Sec. 18. Section 299A.9, subsection 1, Code 2023, is amended 10 to read as follows: 11 1. A child of compulsory attendance age who is identified 12 as requiring special education under chapter 256B is eligible 13 for placement under competent private instruction with prior 14 approval of the placement by the director of special education 15 of the area education agency of the child’s district of 16 residence . 17 Sec. 19. Section 299A.9, Code 2023, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 3. The parent, guardian, or legal custodian 20 of a child who is identified as requiring special education 21 may request dual enrollment pursuant to section 299A.8. The 22 appropriate special education services for the child shall be 23 determined pursuant to chapter 256B and rules adopted pursuant 24 to chapter 256B. 25 Sec. 20. NEW SECTION . 601.1 Parents and guardians —— 26 rights. 27 1. For purposes of this section: 28 a. “Emergent care situation” means a sudden or unforeseen 29 occurrence or onset of a medical or behavioral condition that 30 could result in serious injury or harm to a minor child in the 31 event immediate medical attention is not provided. 32 b. “Medical care” means any care, treatment, service, or 33 procedure to prevent, diagnose, alleviate, treat, or cure a 34 minor child’s physical or mental condition. 35 -14- SF 496 (4) 90 jda/jh/mb 14/ 15

S.F. 496 c. “Minor child” means an unmarried and unemancipated person 1 under the age of eighteen years. 2 2. Subject to section 147.164, if enacted by 2023 Iowa 3 Acts, Senate File 538, a parent or guardian bears the ultimate 4 responsibility, and has the fundamental, constitutionally 5 protected right, to make decisions affecting the parent’s 6 or guardian’s minor child, including decisions related to 7 the minor child’s medical care, moral upbringing, religious 8 upbringing, residence, education, and extracurricular 9 activities. Any and all restrictions of this right shall be 10 subject to strict scrutiny. 11 3. This section shall not be construed to prohibit any of 12 the following: 13 a. A minor child from receiving medical attention in an 14 emergent care situation. 15 b. A person from cooperating in a child abuse assessment 16 commenced in accordance with section 232.71B. 17 c. A court, law enforcement officer, or an employee of a 18 governmental entity that is responsible for child welfare from 19 acting in the court’s, law enforcement officer’s, or employee’s 20 official capacity and scope of authority. 21 d. A court from issuing an order that is otherwise permitted 22 by law. 23 4. This section shall not be construed to authorize a parent 24 or guardian to engage in conduct that is unlawful or to abuse 25 or neglect a minor child in violation of the laws of this 26 state. 27 5. The rights guaranteed to parents and guardians by this 28 section are not a comprehensive list of the rights reserved 29 to parents or guardians of a minor child. The enumeration of 30 the rights contained in this section shall not be construed to 31 limit the rights reserved to parents or guardians of a minor 32 child. 33 Sec. 21. IMPLEMENTATION OF ACT. Section 25B.2, subsection 34 3, shall not apply to this Act. 35 -15- SF 496 (4) 90 jda/jh/mb 15/ 15