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Senate File 305 - IntroducedA Bill ForAn Act 1relating to the dissemination of certain specified
2materials, including the prohibition of certain specified
3materials in schools and civil actions to determine
4obscenity, modifying the responsibilities of the department
5of education, and providing civil penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.9, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 66. Develop and make available on the
4department’s internet site a comprehensive list of all
5notifications received pursuant to section 280.35, subsection
66, sortable by the book’s title and author, and the school
7districts, accredited nonpublic schools, or charter schools
8that have removed the book from libraries operated by the
9school district, accredited nonpublic school, or charter school
10or from classrooms or any areas on school district, accredited
11nonpublic school, or charter school property. The department
12shall update the list at least once each month.
13 Sec. 2. Section 256E.7, subsection 2, Code 2023, is amended
14by adding the following new paragraphs:
15 NEW PARAGRAPH. 0j. Be subject to and comply with section
16280.33 relating to the prohibition on the use of standards or
17guidance developed by the American library association when
18determining whether to acquire a book for a school library or
19remove a book from a school library in the same manner as a
20school district.
21 NEW PARAGRAPH. 00j. Be subject to and comply with section
22280.34 relating to students serving on committees that
23determine, or provide recommendations related to, whether a
24material in a school library should be removed because it may
25constitute or contain hard-core pornography or obscene material
26in the same manner as a school district.
27 NEW PARAGRAPH. 000j. Be subject to and comply with section
28280.35 relating to prohibitions on the provision of obscene
29material and hard-core pornography in the same manner as a
30school district.
31 Sec. 3. Section 272.2, subsection 14, paragraph b,
32subparagraph (1), Code 2023, is amended by adding the following
33new subparagraph division:
34 NEW SUBPARAGRAPH DIVISION. (0g) Providing obscene
35material or hard-core pornography to students in a school
-1-1library, classroom, or any other area on school property,
2or requiring a student to read or view obscene material or
3hard-core pornography under section 280.35. For purposes of
4this subparagraph division, “obscene material” and “hard-core
5pornography” mean the same as defined in section 728.1.
6 Sec. 4. Section 272.2, subsection 14, Code 2023, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. f. The board shall suspend the license of
9an administrator or a teacher upon the board’s finding by a
10preponderance of evidence that the administrator or teacher
11violated an injunction entered pursuant to section 280.35,
12subsection 4.
13 Sec. 5. Section 277.29, Code 2023, is amended to read as
14follows:
15277.29 Vacancies.
16Failure to elect at the proper election or to appoint within
17the time fixed by law or the failure of the officer elected
18or appointed to qualify within the time prescribed by law;
19the incumbent ceasing for any reason to be a resident of
20the district or removing residence from the subdistrict; the
21resignation or death of the incumbent or of the officer-elect;
22the removal of the incumbent from, or forfeiture of, the
23office, or the decision of a competent tribunal declaring the
24office vacant; the conviction of the incumbent of a felony, as
25defined in section 701.7, a violation of section 280.35, or of
26any public offense involving the violation of the incumbent’s
27oath of office, shall constitute a vacancy.
28 Sec. 6. NEW SECTION. 280.33 School library materials —
29prohibitions.
30The board of directors of a school district and the
31authorities in charge of an accredited nonpublic school shall
32not use any standards or guidance developed by the American
33library association when determining whether to acquire a book
34for a library operated by the school district or accredited
35nonpublic school or remove a book from a library operated by
-2-1the school district or accredited nonpublic school.
2 Sec. 7. NEW SECTION. 280.34 Library materials review
3committee.
41. For purposes of this section:
5a. “Hard-core pornography” means the same as defined in
6section 728.1.
7b. “Obscene material” means the same as defined in section
8728.1.
92. The board of directors of a school district and the
10authorities in charge of an accredited nonpublic school shall
11not allow a student serving on any committee that determines,
12or provides recommendations related to, whether a material in a
13library operated by the school district or accredited nonpublic
14school should be removed to view the material being considered
15for removal if the material is being considered for removal
16because it may constitute or contain hard-core pornography or
17obscene material.
18 Sec. 8. NEW SECTION. 280.35 Obscene material and hard-core
19pornography in schools and school libraries.
201. As used in this section, unless the context otherwise
21requires:
22a. “Administrator” means and includes a school
23superintendent, assistant superintendent, educational
24director, principal, assistant principal, and other
25individuals authorized to assist in performing noninstructional
26administrative duties.
27b. “Hard-core pornography” means the same as defined in
28section 728.1.
29c. “Obscene material” means the same as defined in section
30728.1.
31d. “Provides” means to make available for a student to
32use or to supply to a student. “Provides” includes placing a
33material, or causing a material to be placed, in a school or in
34a library operated by a school where a student could reasonably
35be expected to find the material or observe the material.
-3- 1e. “School” means and includes all of the following:
2(1) A charter school established in accordance with chapter
3256E.
4(2) A nonpublic school as that term is defined in section
5280.2.
6(3) A public school district as described in chapter 274.
7f. “Student” means an individual who is enrolled in and
8attending a school in kindergarten through grade twelve.
9g. “Teacher” means the same defined in section 272.1.
10“Teacher” includes a qualified teacher librarian licensed by the
11board of educational examiners.
122. A school shall designate at least one administrator to
13ensure that no obscene material or hard-core pornography is
14present and available to students in a library operated by the
15school, in school classrooms, or in any other areas on school
16property.
173. a. (1) An administrator shall not knowingly provide
18obscene material to a student in a library operated by the
19school, in a school classroom, or in any other area on school
20property.
21(2) A teacher shall not knowingly provide obscene material
22to a student in a library operated by the school, in a school
23classroom, or in any other area on school property.
24b. (1) An administrator shall not knowingly provide
25hard-core pornography to a student in a library operated by the
26school, in a school classroom, or in any other area on school
27property.
28(2) A teacher shall not knowingly provide hard-core
29pornography to a student in a library operated by the school,
30in a school classroom, or in any other area on school property.
31c. A teacher shall not knowingly require a student to read
32or view obscene material as part of the teacher’s instructional
33program or curriculum.
34d. A teacher shall not knowingly require a student to
35read or view hard-core pornography as part of the teacher’s
-4-1instructional program or curriculum.
24. a. A parent or guardian of a student alleging a
3violation of subsection 3 by an administrator or teacher
4may bring a civil action for damages and injunctive relief
5against the school that employs the administrator or teacher
6to prohibit the administrator or teacher from continuing such
7violation.
8b. If a parent or guardian is the prevailing party in a
9civil action instituted pursuant to paragraph “a”, all of the
10following shall apply:
11(1) The court shall award reasonable attorney fees to the
12parent or guardian.
13(2) The court shall assess a civil penalty against the
14school that employs the administrator or teacher, not less than
15five thousand dollars plus an additional five hundred dollars
16per day for each day a violation occurs during the pendency
17of the civil action. However, the court shall not assess the
18additional civil penalty provided in this subparagraph for a
19violation of subsection 3, paragraph “a”, if the administrator
20or teacher, or the school that employs the administrator or
21teacher, removes the obscene material from the library operated
22by the school, school classroom, or any other area on school
23property during the pendency of the civil action. Revenue
24from the civil penalty provided in this subparagraph shall be
25remitted to the treasurer of state for deposit in the general
26fund of the state.
27(3) In the case of a violation of subsection 3, paragraphs
28“a” or “c”, the court shall order the school that employs the
29administrator or teacher to pay not less than ten thousand
30dollars in damages to the parent or guardian.
31(4) In the case of a violation of subsection 3, paragraphs
32“b” or “d”, the court shall order the school that employs the
33administrator or teacher to pay not less than twenty thousand
34dollars in damages to the parent or guardian.
35(5) The clerk of court shall send a copy of the court’s
-5-1order issued pursuant to paragraph “a” and a copy of this
2section by restricted certified mail, return receipt requested,
3to the board of educational examiners, the attorney general,
4and the county attorney of the county in which the school that
5employs the administrator or teacher in violation of subsection
63 is located.
75. A parent or guardian who was the prevailing party in
8a civil action instituted pursuant to subsection 4 may bring
9a civil action for damages against the school that employs
10the administrator or teacher if the administrator or teacher
11violates an injunction issued pursuant to subsection 4. If a
12parent or guardian is the prevailing party in a civil action
13instituted pursuant to this subsection, the clerk of court
14shall send a copy of the court’s order issued pursuant to this
15subsection and a copy of this section by restricted certified
16mail, return receipt requested, to the board of educational
17examiners. Damages awarded pursuant to this subsection shall
18include all of the following:
19a. Actual damages for injuries resulting from the
20administrator’s or teacher’s initial violation of subsection
213 and the administrator’s or teacher’s violation of the
22injunction.
23b. A penalty in an amount determined by the court, but
24not less than twenty thousand dollars plus an additional one
25thousand dollars per day for each day the administrator’s or
26teacher’s violation of the injunction continues.
27c. The state of Iowa hereby waives immunity from suit and
28consents to the jurisdiction of any court in which an action
29is brought against a charter school established in accordance
30with chapter 256E, or a public school district as described in
31chapter 274, with respect to any cause of action arising out
32of this subsection. Such action shall be heard and determined
33pursuant to rules otherwise applicable to civil actions brought
34in the particular court having jurisdiction of the suit and
35the parties to the suit shall have the right of appeal from
-6-1any judgment, decree, or decision of the trial court to the
2appropriate appellate court under applicable rules of appeal.
36. a. The board of directors of each school district, the
4authorities in charge of each accredited nonpublic school, and
5the governing board of each charter school shall notify the
6department of education that the board of directors of the
7school district, the authorities in charge of the accredited
8nonpublic school, or the governing board of the charter school
9has removed a book from a library operated by the school, a
10classroom, or any area on school property because the board of
11directors of the school district, the authorities in charge
12of the accredited nonpublic school, or the governing board of
13the charter school determined that the book constituted or
14contained hard-core pornography or obscene material, within
15seven days after removal. The notification shall contain the
16book’s title and author.
17b. A school shall remove a book that is on the list
18maintained by the department of education pursuant to section
19256.9, subsection 66, from any library operated by the school,
20a classroom, or any area on school property.
217. A county attorney or the attorney general may institute
22civil actions to enforce the provisions of this section. A
23county attorney’s or the attorney general’s receipt of a
24copy of a court’s injunctive order provided by the clerk of
25court issued pursuant to subsection 4, along with subsequent
26information that a violation of subsection 3 is continuing to
27occur, shall constitute probable cause that a violation of
28subsection 3 has occurred.
29 Sec. 9. Section 728.1, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 1A. “Hard-core pornography” means
32material depicting representations of oral, anal, or vaginal
33intercourse, actual or simulated, involving humans, or
34depicting patently offensive representations of masturbation,
35excretory functions, or bestiality, or lewd exhibition of the
-7-1genitals.
2 Sec. 10. Section 728.4, Code 2023, is amended to read as
3follows:
4728.4 Rental or sale of hard-core pornography material
5depicting certain patently offensive representations.
6A person who knowingly rents, sells, or offers for
7rental or sale material depicting patently offensive
8representations of oral, anal, or vaginal intercourse, actual
9or simulated, involving humans, or depicting patently offensive
10representations of masturbation, excretory functions, or
11bestiality, or lewd exhibition of the genitals, which the
12average adult taking the material as a whole in applying
13statewide contemporary community standards would find appeals
14to the prurient interest; and which material, taken as a whole,
15lacks serious literary, scientific, political, or artistic
16value, upon conviction, is guilty of an aggravated misdemeanor.
17However, second and subsequent violations of this section by
18a person who has been previously convicted of violating this
19section are class “D” felonies. Charges under this section
20may only be brought by a county attorney or by the attorney
21general.
22 Sec. 11. Section 728.6, Code 2023, is amended to read as
23follows:
24728.6 Civil suit to determine obscenity.
25Whenever the attorney general or the county attorney of
26any county has reasonable cause to believe that any person is
27engaged or plans to engage in the dissemination or exhibition
28of obscene material within the county attorney’s county
29to minors, the attorney general or the county attorney may
30institute a civil proceeding in the district court of the
31county to enjoin the dissemination or exhibition of obscene
32material to minors. Such application for injunction is
33optional and not mandatory and shall not be construed as a
34prerequisite to criminal prosecution for a violation of this
35chapter.
-8-1 Sec. 12. Section 728.7, Code 2023, is amended to read as
2follows:
3728.7 Exemptions for public libraries and educational
4institutions.
5Nothing in this chapter prohibits the use of appropriate
6material for educational purposes in any accredited school,
7or any public library, or in any educational program in which
8the minor is participating. Nothing in this chapter prohibits
9the attendance of minors at an exhibition or display of art
10works or the use of any materials in any public library. For
11purposes of this section, “appropriate material” does not
12include obscene material or hard-core pornography.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to the dissemination of certain specified
17materials, including the prohibition of certain specified
18materials in schools and civil actions to determine obscenity,
19and modifying the responsibilities of the department of
20education.
21The bill requires a school to designate at least one
22administrator to ensure that no obscene material or hard-core
23pornography is present and available to students in a library
24operated by the school, a school classroom, or any other area
25on school property.
26The bill prohibits an administrator or teacher from
27knowingly providing obscene material to a student in a library
28operated by the school, in a school classroom, or in any
29other area on school property. The bill also prohibits an
30administrator or teacher from knowingly providing hard-core
31pornography to a student in a library operated by the school,
32in a school classroom, or in any other area on school property.
33Additionally, the bill prohibits a teacher from knowingly
34requiring a student to read or view obscene material or
35hard-core pornography as part of the teacher’s instructional
-9-1program or curriculum. The bill requires the board of
2educational examiners (BOEE) to adopt rules that require the
3BOEE to disqualify an applicant for a license or to revoke
4a person’s license for a violation of these provisions. The
5bill provides that if the administrator or teacher who violates
6these provisions is a member of the board of directors of a
7school district, the administrator’s or teacher’s membership
8on the board shall be vacated.
9The bill authorizes a parent or guardian of a student
10alleging a violation of the bill’s provisions to bring a civil
11action for damages or injunctive relief against the school that
12employs an administrator or teacher in violation of the bill.
13The bill requires a court to award reasonable attorney fees to
14a parent or guardian who prevails in this civil action.
15The bill provides that if a parent or guardian is the
16prevailing party in the civil action, the court shall assess a
17civil penalty against the school that employs the administrator
18or teacher, not less than $5,000 plus an additional $500 per
19day for each day a violation occurs during the pendency of the
20civil action, unless certain limited exceptions apply. The
21bill requires revenue from the civil penalty to be remitted
22to the treasurer of state for deposit in the general fund of
23the state. The bill provides that if the administrator’s or
24teacher’s violation relates to obscene material, the court is
25required to order the school to pay not less than $10,000 in
26damages to the parent or guardian. The bill also provides
27that if the administrator’s or teacher’s violation relates
28to hard-core pornography, the court is required to order the
29school to pay not less than $20,000 in damages to the parent or
30guardian.
31The bill provides that if a parent or guardian is the
32prevailing party in the civil action, the clerk of court
33shall send a copy of the court’s order and a copy of the law
34by certified mail to the BOEE, the attorney general, and the
35county attorney of the county in which the school that employs
-10-1the administrator or teacher who violated the bill’s provisions
2is located.
3The bill provides that a parent or guardian who was the
4prevailing party in the civil action may bring a civil action
5for damages against the school that employs the administrator
6or teacher if the administrator or teacher violates the
7injunction. The bill requires the clerk of court to send a
8copy of the court’s order issued pursuant to the proceedings
9related to the violation of the injunction, and a copy of the
10law, by certified mail to the BOEE. The bill also provides
11that if the parent or guardian is the prevailing party in these
12proceedings, the court shall award the parent or guardian
13actual damages for injuries resulting from the administrator’s
14or teacher’s initial violation of the bill’s provisions and a
15civil penalty not less than $20,000 plus an additional $1,000
16per day for each day the administrator’s or teacher’s violation
17of the injunction continues. The bill waives immunity for
18charter schools and school districts in any cause of action
19brought against those entities under the bill. The bill
20requires the BOEE to suspend the license of an administrator
21or a teacher upon the BOEE’s finding by a preponderance of
22the evidence that the administrator or teacher violated an
23injunction.
24The bill requires the board of directors of each school
25district, the authorities in charge of each accredited
26nonpublic school, and the governing board of each charter
27school to notify the department of education that the board of
28directors, the authorities, or the governing board has removed
29a book from a library operated by the school, a classroom, or
30any area on school property because the board of directors,
31the authorities, or the governing board determined that
32the book constituted or contained hard-core pornography or
33obscene material. The bill also requires the department to
34develop and make available on the department’s internet site a
35comprehensive list of all of these notifications and update the
-11-1list at least once each month. Additionally, the bill requires
2a school to remove a book that is on the list maintained by
3the department from any library operated by the school, a
4classroom, or any area on school property.
5The bill authorizes a county attorney or the attorney
6general to institute criminal or civil actions to enforce
7the provisions of the bill. The bill provides that a county
8attorney’s or the attorney general’s receipt of a copy of a
9court’s injunctive order provided by the clerk of court, along
10with subsequent information that a violation of the bill’s
11provisions is continuing to occur, shall constitute probable
12cause that a violation of the bill’s criminal provisions has
13occurred.
14Current law authorizes a county attorney to institute a
15civil proceeding to enjoin the dissemination or exhibition
16of obscene material to minors when the county attorney has
17reasonable cause to believe that any person is engaged or
18plans to engage in the dissemination or exhibition of obscene
19material within the county attorney’s county to minors. The
20bill establishes that the attorney general may institute such
21civil proceedings as well.
22Current law provides that Code chapter 728 does not prohibit
23the use of appropriate material for educational purposes in any
24accredited school, public library, or educational program in
25which the minor is participating, and does not prohibit the
26attendance of minors at an exhibition or display of art works
27or the use of any materials in any public library. The bill
28provides that, for purposes of this provision, appropriate
29material does not include obscene material or hard-core
30pornography.
31The bill prohibits the board of directors of a school
32district, the authorities in charge of an accredited nonpublic
33school, and the governing board of a charter school from using
34any standards or guidance developed by the American library
35association when determining whether to acquire a book for a
-12-1school library or remove a book from a school library.
2The bill provides that the board of directors of a school
3district, the authorities in charge of an accredited nonpublic
4school, and the governing board of a charter school shall not
5allow a student serving on any committee that determines, or
6provides recommendations related to, whether a material in a
7library operated by the school should be removed to view the
8material being considered for removal if the material is being
9considered for removal because it may constitute or contain
10hard-core pornography or obscene material.
11The bill contains definitions for “administrator”,
12“hard-core pornography”, “provides”, “school”, “student”, and
13“teacher”.
-13-jda/rh
2materials, including the prohibition of certain specified
3materials in schools and civil actions to determine
4obscenity, modifying the responsibilities of the department
5of education, and providing civil penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.9, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 66. Develop and make available on the
4department’s internet site a comprehensive list of all
5notifications received pursuant to section 280.35, subsection
66, sortable by the book’s title and author, and the school
7districts, accredited nonpublic schools, or charter schools
8that have removed the book from libraries operated by the
9school district, accredited nonpublic school, or charter school
10or from classrooms or any areas on school district, accredited
11nonpublic school, or charter school property. The department
12shall update the list at least once each month.
13 Sec. 2. Section 256E.7, subsection 2, Code 2023, is amended
14by adding the following new paragraphs:
15 NEW PARAGRAPH. 0j. Be subject to and comply with section
16280.33 relating to the prohibition on the use of standards or
17guidance developed by the American library association when
18determining whether to acquire a book for a school library or
19remove a book from a school library in the same manner as a
20school district.
21 NEW PARAGRAPH. 00j. Be subject to and comply with section
22280.34 relating to students serving on committees that
23determine, or provide recommendations related to, whether a
24material in a school library should be removed because it may
25constitute or contain hard-core pornography or obscene material
26in the same manner as a school district.
27 NEW PARAGRAPH. 000j. Be subject to and comply with section
28280.35 relating to prohibitions on the provision of obscene
29material and hard-core pornography in the same manner as a
30school district.
31 Sec. 3. Section 272.2, subsection 14, paragraph b,
32subparagraph (1), Code 2023, is amended by adding the following
33new subparagraph division:
34 NEW SUBPARAGRAPH DIVISION. (0g) Providing obscene
35material or hard-core pornography to students in a school
-1-1library, classroom, or any other area on school property,
2or requiring a student to read or view obscene material or
3hard-core pornography under section 280.35. For purposes of
4this subparagraph division, “obscene material” and “hard-core
5pornography” mean the same as defined in section 728.1.
6 Sec. 4. Section 272.2, subsection 14, Code 2023, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. f. The board shall suspend the license of
9an administrator or a teacher upon the board’s finding by a
10preponderance of evidence that the administrator or teacher
11violated an injunction entered pursuant to section 280.35,
12subsection 4.
13 Sec. 5. Section 277.29, Code 2023, is amended to read as
14follows:
15277.29 Vacancies.
16Failure to elect at the proper election or to appoint within
17the time fixed by law or the failure of the officer elected
18or appointed to qualify within the time prescribed by law;
19the incumbent ceasing for any reason to be a resident of
20the district or removing residence from the subdistrict; the
21resignation or death of the incumbent or of the officer-elect;
22the removal of the incumbent from, or forfeiture of, the
23office, or the decision of a competent tribunal declaring the
24office vacant; the conviction of the incumbent of a felony, as
25defined in section 701.7, a violation of section 280.35, or of
26any public offense involving the violation of the incumbent’s
27oath of office, shall constitute a vacancy.
28 Sec. 6. NEW SECTION. 280.33 School library materials —
29prohibitions.
30The board of directors of a school district and the
31authorities in charge of an accredited nonpublic school shall
32not use any standards or guidance developed by the American
33library association when determining whether to acquire a book
34for a library operated by the school district or accredited
35nonpublic school or remove a book from a library operated by
-2-1the school district or accredited nonpublic school.
2 Sec. 7. NEW SECTION. 280.34 Library materials review
3committee.
41. For purposes of this section:
5a. “Hard-core pornography” means the same as defined in
6section 728.1.
7b. “Obscene material” means the same as defined in section
8728.1.
92. The board of directors of a school district and the
10authorities in charge of an accredited nonpublic school shall
11not allow a student serving on any committee that determines,
12or provides recommendations related to, whether a material in a
13library operated by the school district or accredited nonpublic
14school should be removed to view the material being considered
15for removal if the material is being considered for removal
16because it may constitute or contain hard-core pornography or
17obscene material.
18 Sec. 8. NEW SECTION. 280.35 Obscene material and hard-core
19pornography in schools and school libraries.
201. As used in this section, unless the context otherwise
21requires:
22a. “Administrator” means and includes a school
23superintendent, assistant superintendent, educational
24director, principal, assistant principal, and other
25individuals authorized to assist in performing noninstructional
26administrative duties.
27b. “Hard-core pornography” means the same as defined in
28section 728.1.
29c. “Obscene material” means the same as defined in section
30728.1.
31d. “Provides” means to make available for a student to
32use or to supply to a student. “Provides” includes placing a
33material, or causing a material to be placed, in a school or in
34a library operated by a school where a student could reasonably
35be expected to find the material or observe the material.
-3- 1e. “School” means and includes all of the following:
2(1) A charter school established in accordance with chapter
3256E.
4(2) A nonpublic school as that term is defined in section
5280.2.
6(3) A public school district as described in chapter 274.
7f. “Student” means an individual who is enrolled in and
8attending a school in kindergarten through grade twelve.
9g. “Teacher” means the same defined in section 272.1.
10“Teacher” includes a qualified teacher librarian licensed by the
11board of educational examiners.
122. A school shall designate at least one administrator to
13ensure that no obscene material or hard-core pornography is
14present and available to students in a library operated by the
15school, in school classrooms, or in any other areas on school
16property.
173. a. (1) An administrator shall not knowingly provide
18obscene material to a student in a library operated by the
19school, in a school classroom, or in any other area on school
20property.
21(2) A teacher shall not knowingly provide obscene material
22to a student in a library operated by the school, in a school
23classroom, or in any other area on school property.
24b. (1) An administrator shall not knowingly provide
25hard-core pornography to a student in a library operated by the
26school, in a school classroom, or in any other area on school
27property.
28(2) A teacher shall not knowingly provide hard-core
29pornography to a student in a library operated by the school,
30in a school classroom, or in any other area on school property.
31c. A teacher shall not knowingly require a student to read
32or view obscene material as part of the teacher’s instructional
33program or curriculum.
34d. A teacher shall not knowingly require a student to
35read or view hard-core pornography as part of the teacher’s
-4-1instructional program or curriculum.
24. a. A parent or guardian of a student alleging a
3violation of subsection 3 by an administrator or teacher
4may bring a civil action for damages and injunctive relief
5against the school that employs the administrator or teacher
6to prohibit the administrator or teacher from continuing such
7violation.
8b. If a parent or guardian is the prevailing party in a
9civil action instituted pursuant to paragraph “a”, all of the
10following shall apply:
11(1) The court shall award reasonable attorney fees to the
12parent or guardian.
13(2) The court shall assess a civil penalty against the
14school that employs the administrator or teacher, not less than
15five thousand dollars plus an additional five hundred dollars
16per day for each day a violation occurs during the pendency
17of the civil action. However, the court shall not assess the
18additional civil penalty provided in this subparagraph for a
19violation of subsection 3, paragraph “a”, if the administrator
20or teacher, or the school that employs the administrator or
21teacher, removes the obscene material from the library operated
22by the school, school classroom, or any other area on school
23property during the pendency of the civil action. Revenue
24from the civil penalty provided in this subparagraph shall be
25remitted to the treasurer of state for deposit in the general
26fund of the state.
27(3) In the case of a violation of subsection 3, paragraphs
28“a” or “c”, the court shall order the school that employs the
29administrator or teacher to pay not less than ten thousand
30dollars in damages to the parent or guardian.
31(4) In the case of a violation of subsection 3, paragraphs
32“b” or “d”, the court shall order the school that employs the
33administrator or teacher to pay not less than twenty thousand
34dollars in damages to the parent or guardian.
35(5) The clerk of court shall send a copy of the court’s
-5-1order issued pursuant to paragraph “a” and a copy of this
2section by restricted certified mail, return receipt requested,
3to the board of educational examiners, the attorney general,
4and the county attorney of the county in which the school that
5employs the administrator or teacher in violation of subsection
63 is located.
75. A parent or guardian who was the prevailing party in
8a civil action instituted pursuant to subsection 4 may bring
9a civil action for damages against the school that employs
10the administrator or teacher if the administrator or teacher
11violates an injunction issued pursuant to subsection 4. If a
12parent or guardian is the prevailing party in a civil action
13instituted pursuant to this subsection, the clerk of court
14shall send a copy of the court’s order issued pursuant to this
15subsection and a copy of this section by restricted certified
16mail, return receipt requested, to the board of educational
17examiners. Damages awarded pursuant to this subsection shall
18include all of the following:
19a. Actual damages for injuries resulting from the
20administrator’s or teacher’s initial violation of subsection
213 and the administrator’s or teacher’s violation of the
22injunction.
23b. A penalty in an amount determined by the court, but
24not less than twenty thousand dollars plus an additional one
25thousand dollars per day for each day the administrator’s or
26teacher’s violation of the injunction continues.
27c. The state of Iowa hereby waives immunity from suit and
28consents to the jurisdiction of any court in which an action
29is brought against a charter school established in accordance
30with chapter 256E, or a public school district as described in
31chapter 274, with respect to any cause of action arising out
32of this subsection. Such action shall be heard and determined
33pursuant to rules otherwise applicable to civil actions brought
34in the particular court having jurisdiction of the suit and
35the parties to the suit shall have the right of appeal from
-6-1any judgment, decree, or decision of the trial court to the
2appropriate appellate court under applicable rules of appeal.
36. a. The board of directors of each school district, the
4authorities in charge of each accredited nonpublic school, and
5the governing board of each charter school shall notify the
6department of education that the board of directors of the
7school district, the authorities in charge of the accredited
8nonpublic school, or the governing board of the charter school
9has removed a book from a library operated by the school, a
10classroom, or any area on school property because the board of
11directors of the school district, the authorities in charge
12of the accredited nonpublic school, or the governing board of
13the charter school determined that the book constituted or
14contained hard-core pornography or obscene material, within
15seven days after removal. The notification shall contain the
16book’s title and author.
17b. A school shall remove a book that is on the list
18maintained by the department of education pursuant to section
19256.9, subsection 66, from any library operated by the school,
20a classroom, or any area on school property.
217. A county attorney or the attorney general may institute
22civil actions to enforce the provisions of this section. A
23county attorney’s or the attorney general’s receipt of a
24copy of a court’s injunctive order provided by the clerk of
25court issued pursuant to subsection 4, along with subsequent
26information that a violation of subsection 3 is continuing to
27occur, shall constitute probable cause that a violation of
28subsection 3 has occurred.
29 Sec. 9. Section 728.1, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 1A. “Hard-core pornography” means
32material depicting representations of oral, anal, or vaginal
33intercourse, actual or simulated, involving humans, or
34depicting patently offensive representations of masturbation,
35excretory functions, or bestiality, or lewd exhibition of the
-7-1genitals.
2 Sec. 10. Section 728.4, Code 2023, is amended to read as
3follows:
4728.4 Rental or sale of hard-core pornography material
5depicting certain patently offensive representations.
6A person who knowingly rents, sells, or offers for
7rental or sale material depicting patently offensive
8representations of oral, anal, or vaginal intercourse, actual
9or simulated, involving humans, or depicting patently offensive
10representations of masturbation, excretory functions, or
11bestiality, or lewd exhibition of the genitals, which the
12average adult taking the material as a whole in applying
13statewide contemporary community standards would find appeals
14to the prurient interest; and which material, taken as a whole,
15lacks serious literary, scientific, political, or artistic
16value, upon conviction, is guilty of an aggravated misdemeanor.
17However, second and subsequent violations of this section by
18a person who has been previously convicted of violating this
19section are class “D” felonies. Charges under this section
20may only be brought by a county attorney or by the attorney
21general.
22 Sec. 11. Section 728.6, Code 2023, is amended to read as
23follows:
24728.6 Civil suit to determine obscenity.
25Whenever the attorney general or the county attorney of
26any county has reasonable cause to believe that any person is
27engaged or plans to engage in the dissemination or exhibition
28of obscene material within the county attorney’s county
29to minors, the attorney general or the county attorney may
30institute a civil proceeding in the district court of the
31county to enjoin the dissemination or exhibition of obscene
32material to minors. Such application for injunction is
33optional and not mandatory and shall not be construed as a
34prerequisite to criminal prosecution for a violation of this
35chapter.
-8-1 Sec. 12. Section 728.7, Code 2023, is amended to read as
2follows:
3728.7 Exemptions for public libraries and educational
4institutions.
5Nothing in this chapter prohibits the use of appropriate
6material for educational purposes in any accredited school,
7or any public library, or in any educational program in which
8the minor is participating. Nothing in this chapter prohibits
9the attendance of minors at an exhibition or display of art
10works or the use of any materials in any public library. For
11purposes of this section, “appropriate material” does not
12include obscene material or hard-core pornography.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to the dissemination of certain specified
17materials, including the prohibition of certain specified
18materials in schools and civil actions to determine obscenity,
19and modifying the responsibilities of the department of
20education.
21The bill requires a school to designate at least one
22administrator to ensure that no obscene material or hard-core
23pornography is present and available to students in a library
24operated by the school, a school classroom, or any other area
25on school property.
26The bill prohibits an administrator or teacher from
27knowingly providing obscene material to a student in a library
28operated by the school, in a school classroom, or in any
29other area on school property. The bill also prohibits an
30administrator or teacher from knowingly providing hard-core
31pornography to a student in a library operated by the school,
32in a school classroom, or in any other area on school property.
33Additionally, the bill prohibits a teacher from knowingly
34requiring a student to read or view obscene material or
35hard-core pornography as part of the teacher’s instructional
-9-1program or curriculum. The bill requires the board of
2educational examiners (BOEE) to adopt rules that require the
3BOEE to disqualify an applicant for a license or to revoke
4a person’s license for a violation of these provisions. The
5bill provides that if the administrator or teacher who violates
6these provisions is a member of the board of directors of a
7school district, the administrator’s or teacher’s membership
8on the board shall be vacated.
9The bill authorizes a parent or guardian of a student
10alleging a violation of the bill’s provisions to bring a civil
11action for damages or injunctive relief against the school that
12employs an administrator or teacher in violation of the bill.
13The bill requires a court to award reasonable attorney fees to
14a parent or guardian who prevails in this civil action.
15The bill provides that if a parent or guardian is the
16prevailing party in the civil action, the court shall assess a
17civil penalty against the school that employs the administrator
18or teacher, not less than $5,000 plus an additional $500 per
19day for each day a violation occurs during the pendency of the
20civil action, unless certain limited exceptions apply. The
21bill requires revenue from the civil penalty to be remitted
22to the treasurer of state for deposit in the general fund of
23the state. The bill provides that if the administrator’s or
24teacher’s violation relates to obscene material, the court is
25required to order the school to pay not less than $10,000 in
26damages to the parent or guardian. The bill also provides
27that if the administrator’s or teacher’s violation relates
28to hard-core pornography, the court is required to order the
29school to pay not less than $20,000 in damages to the parent or
30guardian.
31The bill provides that if a parent or guardian is the
32prevailing party in the civil action, the clerk of court
33shall send a copy of the court’s order and a copy of the law
34by certified mail to the BOEE, the attorney general, and the
35county attorney of the county in which the school that employs
-10-1the administrator or teacher who violated the bill’s provisions
2is located.
3The bill provides that a parent or guardian who was the
4prevailing party in the civil action may bring a civil action
5for damages against the school that employs the administrator
6or teacher if the administrator or teacher violates the
7injunction. The bill requires the clerk of court to send a
8copy of the court’s order issued pursuant to the proceedings
9related to the violation of the injunction, and a copy of the
10law, by certified mail to the BOEE. The bill also provides
11that if the parent or guardian is the prevailing party in these
12proceedings, the court shall award the parent or guardian
13actual damages for injuries resulting from the administrator’s
14or teacher’s initial violation of the bill’s provisions and a
15civil penalty not less than $20,000 plus an additional $1,000
16per day for each day the administrator’s or teacher’s violation
17of the injunction continues. The bill waives immunity for
18charter schools and school districts in any cause of action
19brought against those entities under the bill. The bill
20requires the BOEE to suspend the license of an administrator
21or a teacher upon the BOEE’s finding by a preponderance of
22the evidence that the administrator or teacher violated an
23injunction.
24The bill requires the board of directors of each school
25district, the authorities in charge of each accredited
26nonpublic school, and the governing board of each charter
27school to notify the department of education that the board of
28directors, the authorities, or the governing board has removed
29a book from a library operated by the school, a classroom, or
30any area on school property because the board of directors,
31the authorities, or the governing board determined that
32the book constituted or contained hard-core pornography or
33obscene material. The bill also requires the department to
34develop and make available on the department’s internet site a
35comprehensive list of all of these notifications and update the
-11-1list at least once each month. Additionally, the bill requires
2a school to remove a book that is on the list maintained by
3the department from any library operated by the school, a
4classroom, or any area on school property.
5The bill authorizes a county attorney or the attorney
6general to institute criminal or civil actions to enforce
7the provisions of the bill. The bill provides that a county
8attorney’s or the attorney general’s receipt of a copy of a
9court’s injunctive order provided by the clerk of court, along
10with subsequent information that a violation of the bill’s
11provisions is continuing to occur, shall constitute probable
12cause that a violation of the bill’s criminal provisions has
13occurred.
14Current law authorizes a county attorney to institute a
15civil proceeding to enjoin the dissemination or exhibition
16of obscene material to minors when the county attorney has
17reasonable cause to believe that any person is engaged or
18plans to engage in the dissemination or exhibition of obscene
19material within the county attorney’s county to minors. The
20bill establishes that the attorney general may institute such
21civil proceedings as well.
22Current law provides that Code chapter 728 does not prohibit
23the use of appropriate material for educational purposes in any
24accredited school, public library, or educational program in
25which the minor is participating, and does not prohibit the
26attendance of minors at an exhibition or display of art works
27or the use of any materials in any public library. The bill
28provides that, for purposes of this provision, appropriate
29material does not include obscene material or hard-core
30pornography.
31The bill prohibits the board of directors of a school
32district, the authorities in charge of an accredited nonpublic
33school, and the governing board of a charter school from using
34any standards or guidance developed by the American library
35association when determining whether to acquire a book for a
-12-1school library or remove a book from a school library.
2The bill provides that the board of directors of a school
3district, the authorities in charge of an accredited nonpublic
4school, and the governing board of a charter school shall not
5allow a student serving on any committee that determines, or
6provides recommendations related to, whether a material in a
7library operated by the school should be removed to view the
8material being considered for removal if the material is being
9considered for removal because it may constitute or contain
10hard-core pornography or obscene material.
11The bill contains definitions for “administrator”,
12“hard-core pornography”, “provides”, “school”, “student”, and
13“teacher”.
-13-jda/rh