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
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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
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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
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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
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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.
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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