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House Study Bill 222 - IntroducedA Bill ForAn Act 1relating to children and students, including
2establishing a parent’s or guardian’s right to make
3decisions affecting the parent’s or guardian’s child,
4modifying provisions related to student health screenings
5and the curriculum in school districts, accredited nonpublic
6schools, and charter schools, other duties of school
7districts, competent private instruction, and special
8education, making appropriations, and providing civil
9penalties.
10BE 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 279.79, sortable
6by the book’s title and author and the school districts that
7have removed the book from libraries operated by the school
8district, classrooms, or any areas on school district property.
9The department shall update the comprehensive list at least
10once each month.
11 Sec. 2. Section 256.11, subsections 2, 3, and 4, Code 2023,
12are amended to read as follows:
132. The kindergarten program shall include experiences
14designed to develop healthy emotional and social habits and
15growth in the language arts and communication skills, as well
16as a capacity for the completion of individual tasks, and
17protect and increase physical well-being with attention given
18to experiences relating to the development of life skills and,
19subject to section 279.77, age-appropriate and research-based
20 human growth and development. A kindergarten teacher shall be
21licensed to teach in kindergarten. An accredited nonpublic
22school must meet the requirements of this subsection only if
23the nonpublic school offers a kindergarten program.
243. The following areas shall be taught in grades one through
25six: English-language arts, social studies, mathematics,
26science, health, age-appropriate and research-based
27human growth and development, physical education, traffic
28safety, music, and visual art, and, subject to section
29279.77, age-appropriate and research-based human growth and
30development. Computer science instruction incorporating
31the standards established under section 256.7, subsection
3226, paragraph “a”, subparagraph (4), shall be offered in
33at least one grade level commencing with the school year
34beginning July 1, 2023. The health curriculum shall include
35the characteristics of communicable diseases including acquired
-1-1immune deficiency syndrome. The state board as part of
2accreditation standards shall adopt curriculum definitions for
3implementing the elementary program.
44. The following shall be taught in grades seven and
5eight: English-language arts; social studies; mathematics;
6science; health; age-appropriate and research-based human
7growth and development; career exploration and development;
8physical education; music; and visual art. Computer science
9instruction incorporating the standards established under
10section 256.7, subsection 26, paragraph “a”, subparagraph (4),
11shall be offered in at least one grade level commencing with
12the school year beginning July 1, 2023. Career exploration
13and development shall be designed so that students are
14appropriately prepared to create an individual career
15and academic plan pursuant to section 279.61, incorporate
16foundational career and technical education concepts aligned
17with the six career and technical education service areas
18as defined in subsection 5, paragraph “h”, and incorporate
19relevant twenty-first century skills. The health curriculum
20shall include age-appropriate and research-based information
21regarding the characteristics of sexually transmitted diseases,
22including HPV and the availability of a vaccine to prevent
23HPV, and acquired immune deficiency syndrome. The state board
24as part of accreditation standards shall adopt curriculum
25definitions for implementing the program in grades seven
26and eight. However, this subsection shall not apply to the
27teaching of career exploration and development in nonpublic
28schools. For purposes of this section,“age-appropriate”,
29“HPV”, and “research-based” mean the same as defined in section
30279.50.
31 Sec. 3. Section 256.11, subsection 5, paragraph b, Code
322023, is amended to read as follows:
33b. (1) Five units of the social studies including
34instruction in voting statutes and procedures, voter
35registration requirements, the use of paper ballots and voting
-2-1systems in the election process, and the method of acquiring
2and casting an absentee ballot. All students shall complete a
3minimum of one-half unit of United States government and one
4unit of United States history.
5(2) The one-half unit of United States government shall
6include the all of the following:
7(a) Thevoting procedure as described in this lettered
8paragraph and section 280.9A. The government instruction shall
9also include a
10(b) Astudy of the Constitution of the United States and the
11Bill of Rights contained in the Constitution and an assessment
12of a student’s knowledge of the Constitution and the Bill of
13Rights.
14(c) (i) An assessment of the student’s knowledge of
15United States government and civics that includes the nature,
16purpose, structure, function, and history of the United States
17government, the rights and responsibilities of citizens of
18the United States, and important United States government and
19civic leaders. The most recent version of the civics test
20developed by the United States citizenship and immigration
21services shall be used as the assessment required by this
22subparagraph division. On or before June 30 of each year, each
23school district and accredited nonpublic school shall submit
24the results of the assessment required by this subparagraph
25division to the department.
26(ii) The school district or accredited nonpublic school
27may modify the civics test developed by the United States
28citizenship and immigration services for a student who has an
29individualized education program.
30(iii) A student shall answer at least seventy percent of
31the questions on the civics test developed by the United States
32citizenship and immigration services correctly as a condition
33of graduation. A student who fails to answer at least seventy
34percent of the questions on the civics test correctly may
35retake the civics test as many times as necessary.
-3-1 Sec. 4. Section 256.11, subsection 5, paragraph j,
2subparagraph (1), Code 2023, is amended to read as follows:
3(1) One unit of health education which shall include
4personal health; food and nutrition; environmental health;
5safety and survival skills; consumer health; family life;
6age-appropriate and research-based human growth and
7development; substance abuse and nonuse; emotional and
8social health; health resources; and prevention and control
9of disease, including age-appropriate and research-based
10information regarding sexually transmitted diseases, including
11HPV and the availability of a vaccine to prevent HPV, and
12acquired immune deficiency syndrome.
13 Sec. 5. Section 256E.7, subsection 2, paragraph i, Code
142023, is amended to read as follows:
15i. Be subject to and comply with section 279.76 relating to
16physical examinations, and health screenings, and examinations
17designed to assess a student’s mental, emotional, or physical
18health in the same manner as a school district.
19 Sec. 6. Section 256E.7, subsection 2, Code 2023, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. 0j. Be subject to and comply with the
22requirements of section 279.77 relating to gender identity and
23sexual activity instruction in kindergarten through grade three
24in the same manner as a school district.
25 Sec. 7. Section 256F.4, subsection 2, paragraph k, Code
262023, is amended to read as follows:
27k. Be subject to and comply with section 279.76 relating to
28physical examinations, and health screenings, and examinations
29designed to assess a student’s mental, emotional, or physical
30health in the same manner as a school district.
31 Sec. 8. Section 256F.4, subsection 2, Code 2023, is amended
32by adding the following new paragraph:
33 NEW PARAGRAPH. l. Be subject to and comply with the
34requirements of section 279.77 relating to gender identity and
35sexual activity instruction in kindergarten through grade three
-4-1in the same manner as a school district.
2 Sec. 9. Section 279.50, subsections 1 and 2, Code 2023, are
3amended to read as follows:
41. Each Subject to section 279.77, each school board shall
5provide instruction in kindergarten which gives attention
6to experiences relating to life skills and human growth and
7development as required in section 256.11. School districts
8shall use research provided in section 256.9, subsection 46,
9paragraph “b”, to evaluate and upgrade their instructional
10materials and teaching strategies for human growth and
11development.
122. Each school board shall provide age-appropriate and
13research-based instruction in human growth and development
14including instruction regarding human sexuality, self-esteem,
15stress management, interpersonal relationships, domestic
16abuse, HPV and the availability of a vaccine to prevent HPV,
17and acquired immune deficiency syndrome and the prevention and
18control of disease, including sexually transmitted diseases as
19required in section 256.11, in grades one four through twelve.
20 Sec. 10. Section 279.50, Code 2023, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 1A. Subject to section 279.77, each
23school board shall provide age-appropriate and research-based
24instruction in human growth and development including
25instruction regarding self-esteem, stress management,
26interpersonal relationships, and domestic abuse in grades one
27through three.
28 Sec. 11. Section 279.50, subsection 9, paragraphs b and c,
29Code 2023, are amended by striking the paragraphs.
30 Sec. 12. Section 279.76, Code 2023, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 1A. a. Each school district is prohibited
33from administering or conducting an examination or survey of
34a student that is designed to assess the student’s mental,
35emotional, or physical health that is not required by state or
-5-1federal law without first acquiring the written consent of the
2student’s parent or guardian.
3b. Each school district shall give written notice to a
4student’s parent or guardian of an examination or survey of the
5student required by state or federal law that is designed to
6assess the student’s mental, emotional, or physical health not
7less than seven days prior to the examination or survey.
8c. This subsection shall not apply to a hearing or vision
9examination.
10 Sec. 13. NEW SECTION. 279.77 Gender identity and sexual
11activity — prohibited instruction.
121. As used in this section:
13a. “Gender identity” means the same as defined in section
14216.2.
15b. “Sexual activity” means the same as defined in section
16702.17.
172. A school district shall not provide any program,
18curriculum, material, test, survey, questionnaire, activity,
19announcement, promotion, or instruction of any kind relating to
20gender identity or sexual activity to students in kindergarten
21through grade three.
22 Sec. 14. NEW SECTION. 279.78 Transparency — publication
23of school district information.
241. Each school district shall publish all of the following
25information related to the current school year on the school
26district’s internet site:
27a. A list of all materials that will be used to teach
28students in each class in the school district, sortable by
29subject area, grade level, and teacher.
30b. A comprehensive list of all persons in direct contact
31with students enrolled in the school district who contract with
32or otherwise receive moneys from the board of directors of the
33school district.
34c. A comprehensive list of all books available to students
35in the classroom and in libraries operated by the school
-6-1district.
2d. A detailed explanation of the procedures or policies
3in effect for the parent or guardian of a student enrolled in
4the school district to request the removal of a book, article,
5outline, handout, video, or other educational material that is
6available to students in the classroom or in a library operated
7by the school district.
8e. A detailed explanation of the procedures or policies in
9effect to request the review of decisions made by the board
10of directors of the school district, including the petition
11process established pursuant to section 279.8B.
122. Each school district shall update the information
13required to be published pursuant to subsection 1 at least
14two times each semester or at the start of each trimester, as
15applicable.
163. This section shall not be construed to require a school
17district to do any of the following:
18a. Reproduce educational materials that were not created by
19a person employed by the board of directors.
20b. Distribute any educational materials in a manner that
21would infringe on the intellectual property rights of any
22person.
23 Sec. 15. NEW SECTION. 279.79 Notifications to department of
24education regarding the removal of books from school library.
25Each school district shall notify the department of
26education that the board of directors of the school district
27has removed a book from a library operated by the school
28district, a classroom, or any area on school district property
29within seven days after removal. The notification shall
30contain the book’s title and author.
31 Sec. 16. NEW SECTION. 279.80 Parental rights in education.
321. As used in this section:
33a. “Gender identity” means the same as defined in section
34216.2.
35b. “Minor child” means an individual under eighteen years
-7-1of age.
2c. “Obscene material” means the same as defined in section
3728.1.
4d. “Sexually explicit material” means any material that
5meets all of the following criteria:
6(1) Taken as a whole with respect to minor children, the
7material appeals to the prurient interest in nudity, sex, or
8excretion.
9(2) The material depicts, describes, or represents, in a
10patently offensive way with respect to what is suitable for
11minor children, a sex act or lewd exhibition of the genitals.
12For purposes of this subparagraph, “lewd exhibition of the
13genitals” includes any material depicting genitalia in which
14the place or pose of the person in the depiction is sexually
15suggestive, any visual depiction that suggests sexual coyness
16or a willingness to engage in sexual activity, or any visual
17depiction that is intended or designed to elicit a sexual
18response from the viewer.
19(3) Taken as a whole, the material lacks serious literary,
20artistic, political, or scientific value as to minors. For
21purposes of this subparagraph, material lacks serious literary,
22artistic, political, or scientific value as to minor children
23if the material contains material described in subparagraphs
24(1) and (2) when substantially similar material is readily
25available to minor children that does not contain material
26described in subparagraphs (1) and (2) but that conveys a
27substantially similar message or viewpoint.
28e. “Visual depiction” includes any picture, slide,
29photograph, digital or electronic image, negative image,
30undeveloped film, motion picture, videotape, digital or
31electronic recording, live transmission, or any other pictorial
32or three-dimensional representation.
332. a. Each school district shall immediately notify the
34parent or guardian of a minor child enrolled in the school
35district if any employee of the school district reasonably
-8-1believes that the minor child has expressed a gender identity
2that is different than the biological sex listed on the minor
3child’s official birth certificate or certificate issued upon
4adoption if the certificate was issued at or near the time of
5the minor child’s birth.
6b. Notwithstanding paragraph “a”, if a school district
7determines that notifying the parent or guardian of a minor
8child enrolled in the school district pursuant to paragraph
9“a” is likely to lead to a case of child abuse as defined in
10section 232.68, the school district shall not notify the parent
11or guardian and shall instead immediately report the school
12district’s safety concerns to the department of health and
13human services so that the department may determine whether the
14minor child is a child in need of assistance under chapter 232.
153. The parent or guardian of a minor child enrolled in
16a school district may access and review all school records
17related to the minor child, including teacher evaluations of
18the minor child and associated notes, evaluation information,
19and documents created by the minor child, unless chapter
20232, subchapter III, part 2, prohibits the record from being
21disclosed.
224. A school district must receive the prior written consent
23of a minor child’s parent or guardian before allowing a minor
24child enrolled in the school district to check out or access
25any book that is on the list maintained by the department of
26education pursuant to section 256.9, subsection 66.
275. A school district must receive the prior written consent
28of the parent or guardian of a minor child enrolled in the
29school district before allowing any employee of the school
30district to address the minor child using a nickname or a
31pronoun that does not correspond to the biological sex that
32is listed on the minor child’s official birth certificate or
33certificate issued upon adoption if the certificate was issued
34at or near the time of the minor child’s birth.
356. A school district shall not require any minor child
-9-1enrolled in the school district to engage in any activity or
2instruction provided by a guest lecturer or outside presenter,
3or any activity or instruction that involves obscene material
4or sexually explicit material, without providing the parent
5or guardian of a minor child enrolled in the school district
6with notice at least forty-eight hours prior to the activity
7or instruction. The notice shall describe how to request that
8a minor child be excused from the activity or instruction. A
9school district shall not allow a minor child enrolled in the
10school district to engage in the activity or instruction if the
11minor child’s parent or guardian provides notice to the school
12district requesting that the minor child be excused from the
13activity or instruction.
147. a. If, after investigation, the department of education
15determines that a school district has violated this section,
16the school district shall be subject to the following:
17(1) For the first violation of this section, the department
18of education shall issue a written warning to the board of
19directors of the school district.
20(2) For a second or subsequent violation of this section,
21the department shall assess a civil penalty against the school
22district not to exceed five thousand dollars.
23b. Revenue from the civil penalty provided in this
24subsection is appropriated to the department of education for
25purposes of training the employees of school districts that
26have violated this section on the requirements of this section.
278. The state board of education shall adopt rules pursuant
28to chapter 17A to administer this section.
29 Sec. 17. Section 299A.9, subsection 1, Code 2023, is amended
30to read as follows:
311. A child of compulsory attendance age who is identified
32as requiring special education under chapter 256B is eligible
33for placement under competent private instruction with prior
34approval of the placement by the director of special education
35of the area education agency of the child’s district of
-10-1residence.
2 Sec. 18. Section 299A.9, Code 2023, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 3. The parent, guardian, or legal custodian
5of a child who is identified as requiring special education
6may request dual enrollment pursuant to section 299A.8. The
7appropriate special education services for the child shall be
8determined pursuant to chapter 256B and rules adopted pursuant
9to chapter 256B.
10 Sec. 19. NEW SECTION. 601.1 Parents and guardians —
11rights.
121. For purposes of this section:
13a. “Emergent care situation” means a sudden or unforeseen
14occurrence or onset of a medical or behavioral condition that
15could result in serious injury or harm to a minor child in the
16event immediate medical attention is not provided.
17b. “Medical care” means any care, treatment, service, or
18procedure to prevent, diagnose, alleviate, treat, or cure a
19minor child’s physical or mental condition.
20c. “Minor child” means an unmarried and unemancipated person
21under the age of eighteen years.
222. A parent or guardian bears the ultimate responsibility,
23and has the constitutionally protected right, to make decisions
24affecting the parent’s or guardian’s minor child, including
25decisions related to the minor child’s medical care, moral
26upbringing, religious upbringing, residence, education, and
27extracurricular activities.
283. This section shall not be construed to prohibit a minor
29child from receiving medical attention in an emergent care
30situation.
314. This section shall not be construed to prohibit a person
32from cooperating in a child abuse assessment commenced in
33accordance with section 232.71B.
345. The rights guaranteed to parents and guardians by this
35section are not a comprehensive list of the rights reserved
-11-1to parents or guardians of a minor child. The enumeration of
2the rights contained in this section shall not be construed to
3limit the rights reserved to parents or guardians of a minor
4child.
5 Sec. 20. IMPLEMENTATION OF ACT. Section 25B.2, subsection
63, shall not apply to this Act.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to children and students, including
11establishing a parent’s or guardian’s right to make decisions
12affecting the parent’s or guardian’s child and modifying
13provisions related to student health screenings and the
14curriculum in school districts, accredited nonpublic schools,
15and charter schools, other duties of school districts,
16competent private instruction, and special education.
17The bill prohibits instruction related to gender identity
18and sexual activity in school districts, accredited nonpublic
19schools, charter schools, and innovation zone schools in
20kindergarten through grade three. The bill makes conforming
21changes to Code sections 256.11 (educational standards) and
22279.50 (human growth and development instruction) to provide
23that human growth and development instruction provided to
24students in kindergarten through grade three shall not include
25any program, curriculum, material, test, survey, questionnaire,
26activity, announcement, promotion, or instruction of any kind
27relating to gender identity or sexual activity. Current Code
28section 279.50 requires that the human growth and development
29instruction provided in school districts to students enrolled
30in grades 1 through 12 shall include instruction regarding
31human sexuality. The bill strikes this requirement for grades
32one through three.
33The bill strikes the requirement that the health curriculum
34provided in school districts, accredited nonpublic schools,
35and charter schools in grades 1 through 12 include instruction
-12-1related to the characteristics of acquired immune deficiency
2syndrome and makes conforming changes to Code section 279.50
3(human growth and development instruction). The bill also
4strikes the requirement that the health curriculum provided in
5school districts, accredited nonpublic schools, and charter
6schools in grades 7 through 12 include instruction related to
7human papilloma virus (HPV) and the availability of a vaccine
8to prevent HPV and makes conforming changes to Code section
9279.50. The bill makes conforming changes.
10The bill requires the human growth and development
11instruction provided in the kindergarten program to be both
12age-appropriate and research-based.
13Under current law, the educational program established
14pursuant to Code section 256.11 is required to include, in
15grades 9 through 12, five units of social studies, one-half
16unit of which is to consist of instruction in United States
17government. The bill provides that this one-half unit of
18United States government shall include an assessment of the
19student’s knowledge of United States government and civics.
20The bill provides that the most recent version of the civics
21test developed by the United States citizenship and immigration
22services shall be used as the assessment. The bill requires
23each school district and accredited nonpublic school to submit
24the results of the civics test to the department of education
25by June 30 of each year. The bill authorizes a school district
26or accredited nonpublic school to modify the civics test for
27a student who has an individualized education program. The
28bill provides that a student must answer at least 70 percent
29of the questions correctly on the civics test as a condition
30of graduation. The bill authorizes a student who fails to
31answer at least 70 percent of the questions on the civics test
32correctly to retake the civics test.
33The bill prohibits school districts, charter schools, and
34innovation zone schools from administering or conducting an
35examination or survey of a student that is designed to assess
-13-1the student’s mental, emotional, or physical health that is
2not required by state or federal law, without first acquiring
3the written consent of the student’s parent or guardian. This
4provision applies only to a minor child in the direct care of a
5parent or guardian, and does not apply to an emancipated minor
6or a minor who is not residing with the parent or guardian. The
7bill provides that this provision does not apply to a hearing
8or vision examination.
9The bill requires school districts, charter schools, and
10innovation zone schools to give written notice to a student’s
11parent or guardian of an examination or survey of the student
12required by state or federal law that is designed to assess the
13student’s mental, emotional, or physical health not less than
14seven days prior to the examination or survey. This provision
15applies only to the parents or guardians of a minor child who
16is in the direct care of the parent or guardian, and does not
17apply to the parents or guardians of an emancipated minor or
18a minor who is not residing with the parent or guardian. The
19bill provides that this provision does not apply to a hearing
20or vision examination.
21The bill requires each school district to publish all of the
22following information related to the current school year on
23the school district’s internet site: a list of all materials
24that will be used to teach students in each class in the school
25district; a list of all persons in direct contact with students
26enrolled in the school district who contract with or otherwise
27receive moneys from the board of directors of the school
28district; a list of all books available to students in the
29classroom and in libraries operated by the school district; a
30detailed explanation of the procedures in effect for the parent
31or guardian of a student enrolled in the school district to
32request the removal of educational material that is available
33to students in the classroom or in a library operated by the
34school district; and a detailed explanation of the procedures
35in effect to request the review of decisions made by the board
-14-1of directors of the school district. The bill also requires
2each school district to update this information at least two
3times each semester or at the start of each trimester, as
4applicable.
5The bill requires each school district to notify the
6department of education that the board of directors of the
7school district has removed a book from a library operated
8by the school district, a classroom, or any area on school
9district property within seven days after removal. The
10bill also requires the department to make available on the
11department’s internet site, and update at least monthly, a
12comprehensive list (removal list) of all of these notices,
13sortable by the book’s title and author and the school
14districts that have removed the book from libraries operated
15by the school district, classrooms, or any areas on school
16property.
17The bill enacts new Code section 279.80, which requires a
18school district to immediately notify the parent or guardian
19of a minor child enrolled in the school district if any
20employee of the school district reasonably believes the
21minor child has expressed a gender identity that is different
22than the biological sex listed on the minor child’s official
23birth certificate or certificate issued upon adoption if the
24certificate was issued at or near the time of the minor child’s
25birth. The bill provides that, notwithstanding this provision,
26if a school district determines that notifying the parent or
27guardian of a minor child enrolled in the school district is
28likely to lead to a case of child abuse as defined in Code
29section 232.68, the school district shall not notify the parent
30or guardian and shall immediately report the school district’s
31safety concerns to the department of health and human services
32so that the department may determine whether the minor child is
33a child in need of assistance under Code chapter 232 (juvenile
34justice).
35New Code section 279.80 authorizes the parent or guardian
-15-1of a minor child enrolled in a school district to access
2and review all school records related to the minor child
3unless Code chapter 232, subchapter III, part 2 (child abuse
4reporting, assessment, and rehabilitation), prohibits the
5record from being disclosed.
6New Code section 279.80 provides that a school district must
7receive the prior written consent of a minor child’s parent or
8guardian before allowing a minor child enrolled in the school
9district to check out or access any book that is on the removal
10list.
11New Code section 279.80 provides that a school district must
12receive the prior written consent of the parent or guardian of
13a minor child enrolled in the school district before allowing
14any employee of the school district to address the minor child
15using a nickname or a pronoun that does not correspond to the
16biological sex that is listed on the minor child’s official
17birth certificate or certificate issued upon adoption if the
18certificate was issued at or near the time of the minor child’s
19birth.
20New Code section 279.80 prohibits a school district from
21requiring any minor child enrolled in the school district to
22engage in any activity or instruction provided by a guest
23lecturer or outside presenter, or any activity or instruction
24that involves obscene material or sexually explicit material,
25without providing the minor child’s parent or guardian with
26notice at least 48 hours prior to the activity or instruction.
27New Code section 279.80 also prohibits a school district from
28allowing a minor child to engage in the activity or instruction
29if the minor child’s parent or guardian provides notice to the
30school district requesting that the minor child be excused from
31the activity or instruction.
32The bill provides that if the department of education
33determines that a school district has violated the provisions
34of new Code section 279.80, the school district shall be
35subject to the following: for the first violation, the
-16-1department shall issue a written warning to the board of
2directors, and for a second or subsequent violation, the
3department shall assess a civil penalty against the school
4district not to exceed $5,000. The bill also provides that
5revenue from this civil penalty shall be appropriated to the
6department for purposes of training the employees of school
7districts that have violated new Code section 279.80 on the
8requirements of new Code section 279.80.
9The bill requires the state board of education to adopt rules
10to administer new Code section 279.80.
11The bill provides that a child of compulsory attendance age
12who is identified as requiring special education is eligible
13for placement under competent private instruction without prior
14approval of the placement by the director of special education
15of an area education agency. The bill also provides that a
16child who is identified as requiring special education may
17request dual enrollment and the appropriate special education
18services for the child shall be determined pursuant to Code
19chapter 256B (special education).
20The bill enacts new Code section 601.1, which provides that
21a parent or guardian bears the ultimate responsibility to make
22decisions affecting the parent’s or guardian’s minor child,
23including decisions related to the minor child’s medical care,
24moral upbringing, religious upbringing, residence, education,
25and extracurricular activities.
26The bill provides that new Code section 601.1 shall not be
27construed to prohibit a minor child from receiving medical
28attention in an emergent care situation or to prohibit a person
29from cooperating in a child abuse assessment.
30The bill may include a state mandate as defined in Code
31section 25B.3. The bill makes inapplicable Code section 25B.2,
32subsection 3, which would relieve a political subdivision from
33complying with a state mandate if funding for the cost of
34the state mandate is not provided or specified. Therefore,
35political subdivisions are required to comply with any state
-17-1mandate included in the bill.
-18-jda/jh
2establishing a parent’s or guardian’s right to make
3decisions affecting the parent’s or guardian’s child,
4modifying provisions related to student health screenings
5and the curriculum in school districts, accredited nonpublic
6schools, and charter schools, other duties of school
7districts, competent private instruction, and special
8education, making appropriations, and providing civil
9penalties.
10BE 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 279.79, sortable
6by the book’s title and author and the school districts that
7have removed the book from libraries operated by the school
8district, classrooms, or any areas on school district property.
9The department shall update the comprehensive list at least
10once each month.
11 Sec. 2. Section 256.11, subsections 2, 3, and 4, Code 2023,
12are amended to read as follows:
132. The kindergarten program shall include experiences
14designed to develop healthy emotional and social habits and
15growth in the language arts and communication skills, as well
16as a capacity for the completion of individual tasks, and
17protect and increase physical well-being with attention given
18to experiences relating to the development of life skills and,
19subject to section 279.77, age-appropriate and research-based
20 human growth and development. A kindergarten teacher shall be
21licensed to teach in kindergarten. An accredited nonpublic
22school must meet the requirements of this subsection only if
23the nonpublic school offers a kindergarten program.
243. The following areas shall be taught in grades one through
25six: English-language arts, social studies, mathematics,
26science, health, age-appropriate and research-based
27human growth and development, physical education, traffic
28safety, music, and visual art, and, subject to section
29279.77, age-appropriate and research-based human growth and
30development. Computer science instruction incorporating
31the standards established under section 256.7, subsection
3226, paragraph “a”, subparagraph (4), shall be offered in
33at least one grade level commencing with the school year
34beginning July 1, 2023. The health curriculum shall include
35the characteristics of communicable diseases including acquired
-1-1immune deficiency syndrome. The state board as part of
2accreditation standards shall adopt curriculum definitions for
3implementing the elementary program.
44. The following shall be taught in grades seven and
5eight: English-language arts; social studies; mathematics;
6science; health; age-appropriate and research-based human
7growth and development; career exploration and development;
8physical education; music; and visual art. Computer science
9instruction incorporating the standards established under
10section 256.7, subsection 26, paragraph “a”, subparagraph (4),
11shall be offered in at least one grade level commencing with
12the school year beginning July 1, 2023. Career exploration
13and development shall be designed so that students are
14appropriately prepared to create an individual career
15and academic plan pursuant to section 279.61, incorporate
16foundational career and technical education concepts aligned
17with the six career and technical education service areas
18as defined in subsection 5, paragraph “h”, and incorporate
19relevant twenty-first century skills. The health curriculum
20shall include age-appropriate and research-based information
21regarding the characteristics of sexually transmitted diseases,
22including HPV and the availability of a vaccine to prevent
23HPV, and acquired immune deficiency syndrome. The state board
24as part of accreditation standards shall adopt curriculum
25definitions for implementing the program in grades seven
26and eight. However, this subsection shall not apply to the
27teaching of career exploration and development in nonpublic
28schools. For purposes of this section,“age-appropriate”,
29“HPV”, and “research-based” mean the same as defined in section
30279.50.
31 Sec. 3. Section 256.11, subsection 5, paragraph b, Code
322023, is amended to read as follows:
33b. (1) Five units of the social studies including
34instruction in voting statutes and procedures, voter
35registration requirements, the use of paper ballots and voting
-2-1systems in the election process, and the method of acquiring
2and casting an absentee ballot. All students shall complete a
3minimum of one-half unit of United States government and one
4unit of United States history.
5(2) The one-half unit of United States government shall
6include the all of the following:
7(a) Thevoting procedure as described in this lettered
8paragraph and section 280.9A. The government instruction shall
9also include a
10(b) Astudy of the Constitution of the United States and the
11Bill of Rights contained in the Constitution and an assessment
12of a student’s knowledge of the Constitution and the Bill of
13Rights.
14(c) (i) An assessment of the student’s knowledge of
15United States government and civics that includes the nature,
16purpose, structure, function, and history of the United States
17government, the rights and responsibilities of citizens of
18the United States, and important United States government and
19civic leaders. The most recent version of the civics test
20developed by the United States citizenship and immigration
21services shall be used as the assessment required by this
22subparagraph division. On or before June 30 of each year, each
23school district and accredited nonpublic school shall submit
24the results of the assessment required by this subparagraph
25division to the department.
26(ii) The school district or accredited nonpublic school
27may modify the civics test developed by the United States
28citizenship and immigration services for a student who has an
29individualized education program.
30(iii) A student shall answer at least seventy percent of
31the questions on the civics test developed by the United States
32citizenship and immigration services correctly as a condition
33of graduation. A student who fails to answer at least seventy
34percent of the questions on the civics test correctly may
35retake the civics test as many times as necessary.
-3-1 Sec. 4. Section 256.11, subsection 5, paragraph j,
2subparagraph (1), Code 2023, is amended to read as follows:
3(1) One unit of health education which shall include
4personal health; food and nutrition; environmental health;
5safety and survival skills; consumer health; family life;
6age-appropriate and research-based human growth and
7development; substance abuse and nonuse; emotional and
8social health; health resources; and prevention and control
9of disease, including age-appropriate and research-based
10information regarding sexually transmitted diseases, including
11HPV and the availability of a vaccine to prevent HPV, and
12acquired immune deficiency syndrome.
13 Sec. 5. Section 256E.7, subsection 2, paragraph i, Code
142023, is amended to read as follows:
15i. Be subject to and comply with section 279.76 relating to
16physical examinations, and health screenings, and examinations
17designed to assess a student’s mental, emotional, or physical
18health in the same manner as a school district.
19 Sec. 6. Section 256E.7, subsection 2, Code 2023, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. 0j. Be subject to and comply with the
22requirements of section 279.77 relating to gender identity and
23sexual activity instruction in kindergarten through grade three
24in the same manner as a school district.
25 Sec. 7. Section 256F.4, subsection 2, paragraph k, Code
262023, is amended to read as follows:
27k. Be subject to and comply with section 279.76 relating to
28physical examinations, and health screenings, and examinations
29designed to assess a student’s mental, emotional, or physical
30health in the same manner as a school district.
31 Sec. 8. Section 256F.4, subsection 2, Code 2023, is amended
32by adding the following new paragraph:
33 NEW PARAGRAPH. l. Be subject to and comply with the
34requirements of section 279.77 relating to gender identity and
35sexual activity instruction in kindergarten through grade three
-4-1in the same manner as a school district.
2 Sec. 9. Section 279.50, subsections 1 and 2, Code 2023, are
3amended to read as follows:
41. Each Subject to section 279.77, each school board shall
5provide instruction in kindergarten which gives attention
6to experiences relating to life skills and human growth and
7development as required in section 256.11. School districts
8shall use research provided in section 256.9, subsection 46,
9paragraph “b”, to evaluate and upgrade their instructional
10materials and teaching strategies for human growth and
11development.
122. Each school board shall provide age-appropriate and
13research-based instruction in human growth and development
14including instruction regarding human sexuality, self-esteem,
15stress management, interpersonal relationships, domestic
16abuse, HPV and the availability of a vaccine to prevent HPV,
17and acquired immune deficiency syndrome and the prevention and
18control of disease, including sexually transmitted diseases as
19required in section 256.11, in grades one four through twelve.
20 Sec. 10. Section 279.50, Code 2023, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 1A. Subject to section 279.77, each
23school board shall provide age-appropriate and research-based
24instruction in human growth and development including
25instruction regarding self-esteem, stress management,
26interpersonal relationships, and domestic abuse in grades one
27through three.
28 Sec. 11. Section 279.50, subsection 9, paragraphs b and c,
29Code 2023, are amended by striking the paragraphs.
30 Sec. 12. Section 279.76, Code 2023, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 1A. a. Each school district is prohibited
33from administering or conducting an examination or survey of
34a student that is designed to assess the student’s mental,
35emotional, or physical health that is not required by state or
-5-1federal law without first acquiring the written consent of the
2student’s parent or guardian.
3b. Each school district shall give written notice to a
4student’s parent or guardian of an examination or survey of the
5student required by state or federal law that is designed to
6assess the student’s mental, emotional, or physical health not
7less than seven days prior to the examination or survey.
8c. This subsection shall not apply to a hearing or vision
9examination.
10 Sec. 13. NEW SECTION. 279.77 Gender identity and sexual
11activity — prohibited instruction.
121. As used in this section:
13a. “Gender identity” means the same as defined in section
14216.2.
15b. “Sexual activity” means the same as defined in section
16702.17.
172. A school district shall not provide any program,
18curriculum, material, test, survey, questionnaire, activity,
19announcement, promotion, or instruction of any kind relating to
20gender identity or sexual activity to students in kindergarten
21through grade three.
22 Sec. 14. NEW SECTION. 279.78 Transparency — publication
23of school district information.
241. Each school district shall publish all of the following
25information related to the current school year on the school
26district’s internet site:
27a. A list of all materials that will be used to teach
28students in each class in the school district, sortable by
29subject area, grade level, and teacher.
30b. A comprehensive list of all persons in direct contact
31with students enrolled in the school district who contract with
32or otherwise receive moneys from the board of directors of the
33school district.
34c. A comprehensive list of all books available to students
35in the classroom and in libraries operated by the school
-6-1district.
2d. A detailed explanation of the procedures or policies
3in effect for the parent or guardian of a student enrolled in
4the school district to request the removal of a book, article,
5outline, handout, video, or other educational material that is
6available to students in the classroom or in a library operated
7by the school district.
8e. A detailed explanation of the procedures or policies in
9effect to request the review of decisions made by the board
10of directors of the school district, including the petition
11process established pursuant to section 279.8B.
122. Each school district shall update the information
13required to be published pursuant to subsection 1 at least
14two times each semester or at the start of each trimester, as
15applicable.
163. This section shall not be construed to require a school
17district to do any of the following:
18a. Reproduce educational materials that were not created by
19a person employed by the board of directors.
20b. Distribute any educational materials in a manner that
21would infringe on the intellectual property rights of any
22person.
23 Sec. 15. NEW SECTION. 279.79 Notifications to department of
24education regarding the removal of books from school library.
25Each school district shall notify the department of
26education that the board of directors of the school district
27has removed a book from a library operated by the school
28district, a classroom, or any area on school district property
29within seven days after removal. The notification shall
30contain the book’s title and author.
31 Sec. 16. NEW SECTION. 279.80 Parental rights in education.
321. As used in this section:
33a. “Gender identity” means the same as defined in section
34216.2.
35b. “Minor child” means an individual under eighteen years
-7-1of age.
2c. “Obscene material” means the same as defined in section
3728.1.
4d. “Sexually explicit material” means any material that
5meets all of the following criteria:
6(1) Taken as a whole with respect to minor children, the
7material appeals to the prurient interest in nudity, sex, or
8excretion.
9(2) The material depicts, describes, or represents, in a
10patently offensive way with respect to what is suitable for
11minor children, a sex act or lewd exhibition of the genitals.
12For purposes of this subparagraph, “lewd exhibition of the
13genitals” includes any material depicting genitalia in which
14the place or pose of the person in the depiction is sexually
15suggestive, any visual depiction that suggests sexual coyness
16or a willingness to engage in sexual activity, or any visual
17depiction that is intended or designed to elicit a sexual
18response from the viewer.
19(3) Taken as a whole, the material lacks serious literary,
20artistic, political, or scientific value as to minors. For
21purposes of this subparagraph, material lacks serious literary,
22artistic, political, or scientific value as to minor children
23if the material contains material described in subparagraphs
24(1) and (2) when substantially similar material is readily
25available to minor children that does not contain material
26described in subparagraphs (1) and (2) but that conveys a
27substantially similar message or viewpoint.
28e. “Visual depiction” includes any picture, slide,
29photograph, digital or electronic image, negative image,
30undeveloped film, motion picture, videotape, digital or
31electronic recording, live transmission, or any other pictorial
32or three-dimensional representation.
332. a. Each school district shall immediately notify the
34parent or guardian of a minor child enrolled in the school
35district if any employee of the school district reasonably
-8-1believes that the minor child has expressed a gender identity
2that is different than the biological sex listed on the minor
3child’s official birth certificate or certificate issued upon
4adoption if the certificate was issued at or near the time of
5the minor child’s birth.
6b. Notwithstanding paragraph “a”, if a school district
7determines that notifying the parent or guardian of a minor
8child enrolled in the school district pursuant to paragraph
9“a” is likely to lead to a case of child abuse as defined in
10section 232.68, the school district shall not notify the parent
11or guardian and shall instead immediately report the school
12district’s safety concerns to the department of health and
13human services so that the department may determine whether the
14minor child is a child in need of assistance under chapter 232.
153. The parent or guardian of a minor child enrolled in
16a school district may access and review all school records
17related to the minor child, including teacher evaluations of
18the minor child and associated notes, evaluation information,
19and documents created by the minor child, unless chapter
20232, subchapter III, part 2, prohibits the record from being
21disclosed.
224. A school district must receive the prior written consent
23of a minor child’s parent or guardian before allowing a minor
24child enrolled in the school district to check out or access
25any book that is on the list maintained by the department of
26education pursuant to section 256.9, subsection 66.
275. A school district must receive the prior written consent
28of the parent or guardian of a minor child enrolled in the
29school district before allowing any employee of the school
30district to address the minor child using a nickname or a
31pronoun that does not correspond to the biological sex that
32is listed on the minor child’s official birth certificate or
33certificate issued upon adoption if the certificate was issued
34at or near the time of the minor child’s birth.
356. A school district shall not require any minor child
-9-1enrolled in the school district to engage in any activity or
2instruction provided by a guest lecturer or outside presenter,
3or any activity or instruction that involves obscene material
4or sexually explicit material, without providing the parent
5or guardian of a minor child enrolled in the school district
6with notice at least forty-eight hours prior to the activity
7or instruction. The notice shall describe how to request that
8a minor child be excused from the activity or instruction. A
9school district shall not allow a minor child enrolled in the
10school district to engage in the activity or instruction if the
11minor child’s parent or guardian provides notice to the school
12district requesting that the minor child be excused from the
13activity or instruction.
147. a. If, after investigation, the department of education
15determines that a school district has violated this section,
16the school district shall be subject to the following:
17(1) For the first violation of this section, the department
18of education shall issue a written warning to the board of
19directors of the school district.
20(2) For a second or subsequent violation of this section,
21the department shall assess a civil penalty against the school
22district not to exceed five thousand dollars.
23b. Revenue from the civil penalty provided in this
24subsection is appropriated to the department of education for
25purposes of training the employees of school districts that
26have violated this section on the requirements of this section.
278. The state board of education shall adopt rules pursuant
28to chapter 17A to administer this section.
29 Sec. 17. Section 299A.9, subsection 1, Code 2023, is amended
30to read as follows:
311. A child of compulsory attendance age who is identified
32as requiring special education under chapter 256B is eligible
33for placement under competent private instruction with prior
34approval of the placement by the director of special education
35of the area education agency of the child’s district of
-10-1residence.
2 Sec. 18. Section 299A.9, Code 2023, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 3. The parent, guardian, or legal custodian
5of a child who is identified as requiring special education
6may request dual enrollment pursuant to section 299A.8. The
7appropriate special education services for the child shall be
8determined pursuant to chapter 256B and rules adopted pursuant
9to chapter 256B.
10 Sec. 19. NEW SECTION. 601.1 Parents and guardians —
11rights.
121. For purposes of this section:
13a. “Emergent care situation” means a sudden or unforeseen
14occurrence or onset of a medical or behavioral condition that
15could result in serious injury or harm to a minor child in the
16event immediate medical attention is not provided.
17b. “Medical care” means any care, treatment, service, or
18procedure to prevent, diagnose, alleviate, treat, or cure a
19minor child’s physical or mental condition.
20c. “Minor child” means an unmarried and unemancipated person
21under the age of eighteen years.
222. A parent or guardian bears the ultimate responsibility,
23and has the constitutionally protected right, to make decisions
24affecting the parent’s or guardian’s minor child, including
25decisions related to the minor child’s medical care, moral
26upbringing, religious upbringing, residence, education, and
27extracurricular activities.
283. This section shall not be construed to prohibit a minor
29child from receiving medical attention in an emergent care
30situation.
314. This section shall not be construed to prohibit a person
32from cooperating in a child abuse assessment commenced in
33accordance with section 232.71B.
345. The rights guaranteed to parents and guardians by this
35section are not a comprehensive list of the rights reserved
-11-1to parents or guardians of a minor child. The enumeration of
2the rights contained in this section shall not be construed to
3limit the rights reserved to parents or guardians of a minor
4child.
5 Sec. 20. IMPLEMENTATION OF ACT. Section 25B.2, subsection
63, shall not apply to this Act.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to children and students, including
11establishing a parent’s or guardian’s right to make decisions
12affecting the parent’s or guardian’s child and modifying
13provisions related to student health screenings and the
14curriculum in school districts, accredited nonpublic schools,
15and charter schools, other duties of school districts,
16competent private instruction, and special education.
17The bill prohibits instruction related to gender identity
18and sexual activity in school districts, accredited nonpublic
19schools, charter schools, and innovation zone schools in
20kindergarten through grade three. The bill makes conforming
21changes to Code sections 256.11 (educational standards) and
22279.50 (human growth and development instruction) to provide
23that human growth and development instruction provided to
24students in kindergarten through grade three shall not include
25any program, curriculum, material, test, survey, questionnaire,
26activity, announcement, promotion, or instruction of any kind
27relating to gender identity or sexual activity. Current Code
28section 279.50 requires that the human growth and development
29instruction provided in school districts to students enrolled
30in grades 1 through 12 shall include instruction regarding
31human sexuality. The bill strikes this requirement for grades
32one through three.
33The bill strikes the requirement that the health curriculum
34provided in school districts, accredited nonpublic schools,
35and charter schools in grades 1 through 12 include instruction
-12-1related to the characteristics of acquired immune deficiency
2syndrome and makes conforming changes to Code section 279.50
3(human growth and development instruction). The bill also
4strikes the requirement that the health curriculum provided in
5school districts, accredited nonpublic schools, and charter
6schools in grades 7 through 12 include instruction related to
7human papilloma virus (HPV) and the availability of a vaccine
8to prevent HPV and makes conforming changes to Code section
9279.50. The bill makes conforming changes.
10The bill requires the human growth and development
11instruction provided in the kindergarten program to be both
12age-appropriate and research-based.
13Under current law, the educational program established
14pursuant to Code section 256.11 is required to include, in
15grades 9 through 12, five units of social studies, one-half
16unit of which is to consist of instruction in United States
17government. The bill provides that this one-half unit of
18United States government shall include an assessment of the
19student’s knowledge of United States government and civics.
20The bill provides that the most recent version of the civics
21test developed by the United States citizenship and immigration
22services shall be used as the assessment. The bill requires
23each school district and accredited nonpublic school to submit
24the results of the civics test to the department of education
25by June 30 of each year. The bill authorizes a school district
26or accredited nonpublic school to modify the civics test for
27a student who has an individualized education program. The
28bill provides that a student must answer at least 70 percent
29of the questions correctly on the civics test as a condition
30of graduation. The bill authorizes a student who fails to
31answer at least 70 percent of the questions on the civics test
32correctly to retake the civics test.
33The bill prohibits school districts, charter schools, and
34innovation zone schools from administering or conducting an
35examination or survey of a student that is designed to assess
-13-1the student’s mental, emotional, or physical health that is
2not required by state or federal law, without first acquiring
3the written consent of the student’s parent or guardian. This
4provision applies only to a minor child in the direct care of a
5parent or guardian, and does not apply to an emancipated minor
6or a minor who is not residing with the parent or guardian. The
7bill provides that this provision does not apply to a hearing
8or vision examination.
9The bill requires school districts, charter schools, and
10innovation zone schools to give written notice to a student’s
11parent or guardian of an examination or survey of the student
12required by state or federal law that is designed to assess the
13student’s mental, emotional, or physical health not less than
14seven days prior to the examination or survey. This provision
15applies only to the parents or guardians of a minor child who
16is in the direct care of the parent or guardian, and does not
17apply to the parents or guardians of an emancipated minor or
18a minor who is not residing with the parent or guardian. The
19bill provides that this provision does not apply to a hearing
20or vision examination.
21The bill requires each school district to publish all of the
22following information related to the current school year on
23the school district’s internet site: a list of all materials
24that will be used to teach students in each class in the school
25district; a list of all persons in direct contact with students
26enrolled in the school district who contract with or otherwise
27receive moneys from the board of directors of the school
28district; a list of all books available to students in the
29classroom and in libraries operated by the school district; a
30detailed explanation of the procedures in effect for the parent
31or guardian of a student enrolled in the school district to
32request the removal of educational material that is available
33to students in the classroom or in a library operated by the
34school district; and a detailed explanation of the procedures
35in effect to request the review of decisions made by the board
-14-1of directors of the school district. The bill also requires
2each school district to update this information at least two
3times each semester or at the start of each trimester, as
4applicable.
5The bill requires each school district to notify the
6department of education that the board of directors of the
7school district has removed a book from a library operated
8by the school district, a classroom, or any area on school
9district property within seven days after removal. The
10bill also requires the department to make available on the
11department’s internet site, and update at least monthly, a
12comprehensive list (removal list) of all of these notices,
13sortable by the book’s title and author and the school
14districts that have removed the book from libraries operated
15by the school district, classrooms, or any areas on school
16property.
17The bill enacts new Code section 279.80, which requires a
18school district to immediately notify the parent or guardian
19of a minor child enrolled in the school district if any
20employee of the school district reasonably believes the
21minor child has expressed a gender identity that is different
22than the biological sex listed on the minor child’s official
23birth certificate or certificate issued upon adoption if the
24certificate was issued at or near the time of the minor child’s
25birth. The bill provides that, notwithstanding this provision,
26if a school district determines that notifying the parent or
27guardian of a minor child enrolled in the school district is
28likely to lead to a case of child abuse as defined in Code
29section 232.68, the school district shall not notify the parent
30or guardian and shall immediately report the school district’s
31safety concerns to the department of health and human services
32so that the department may determine whether the minor child is
33a child in need of assistance under Code chapter 232 (juvenile
34justice).
35New Code section 279.80 authorizes the parent or guardian
-15-1of a minor child enrolled in a school district to access
2and review all school records related to the minor child
3unless Code chapter 232, subchapter III, part 2 (child abuse
4reporting, assessment, and rehabilitation), prohibits the
5record from being disclosed.
6New Code section 279.80 provides that a school district must
7receive the prior written consent of a minor child’s parent or
8guardian before allowing a minor child enrolled in the school
9district to check out or access any book that is on the removal
10list.
11New Code section 279.80 provides that a school district must
12receive the prior written consent of the parent or guardian of
13a minor child enrolled in the school district before allowing
14any employee of the school district to address the minor child
15using a nickname or a pronoun that does not correspond to the
16biological sex that is listed on the minor child’s official
17birth certificate or certificate issued upon adoption if the
18certificate was issued at or near the time of the minor child’s
19birth.
20New Code section 279.80 prohibits a school district from
21requiring any minor child enrolled in the school district to
22engage in any activity or instruction provided by a guest
23lecturer or outside presenter, or any activity or instruction
24that involves obscene material or sexually explicit material,
25without providing the minor child’s parent or guardian with
26notice at least 48 hours prior to the activity or instruction.
27New Code section 279.80 also prohibits a school district from
28allowing a minor child to engage in the activity or instruction
29if the minor child’s parent or guardian provides notice to the
30school district requesting that the minor child be excused from
31the activity or instruction.
32The bill provides that if the department of education
33determines that a school district has violated the provisions
34of new Code section 279.80, the school district shall be
35subject to the following: for the first violation, the
-16-1department shall issue a written warning to the board of
2directors, and for a second or subsequent violation, the
3department shall assess a civil penalty against the school
4district not to exceed $5,000. The bill also provides that
5revenue from this civil penalty shall be appropriated to the
6department for purposes of training the employees of school
7districts that have violated new Code section 279.80 on the
8requirements of new Code section 279.80.
9The bill requires the state board of education to adopt rules
10to administer new Code section 279.80.
11The bill provides that a child of compulsory attendance age
12who is identified as requiring special education is eligible
13for placement under competent private instruction without prior
14approval of the placement by the director of special education
15of an area education agency. The bill also provides that a
16child who is identified as requiring special education may
17request dual enrollment and the appropriate special education
18services for the child shall be determined pursuant to Code
19chapter 256B (special education).
20The bill enacts new Code section 601.1, which provides that
21a parent or guardian bears the ultimate responsibility to make
22decisions affecting the parent’s or guardian’s minor child,
23including decisions related to the minor child’s medical care,
24moral upbringing, religious upbringing, residence, education,
25and extracurricular activities.
26The bill provides that new Code section 601.1 shall not be
27construed to prohibit a minor child from receiving medical
28attention in an emergent care situation or to prohibit a person
29from cooperating in a child abuse assessment.
30The bill may include a state mandate as defined in Code
31section 25B.3. The bill makes inapplicable Code section 25B.2,
32subsection 3, which would relieve a political subdivision from
33complying with a state mandate if funding for the cost of
34the state mandate is not provided or specified. Therefore,
35political subdivisions are required to comply with any state
-17-1mandate included in the bill.
-18-jda/jh