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Senate File 496 - 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, and
4modifying provisions related to student health screenings
5and the curriculum in school districts, accredited nonpublic
6schools, and charter schools, other duties of the state
7board of education and school districts, competent private
8instruction, and special education.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.7, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 35. Adopt rules that require school
4districts and charter schools to periodically review the
5materials currently available in libraries operated by the
6school district or charter school to determine if the materials
7constitute or contain obscene material or sexually explicit
8material. For purposes of this subsection, “obscene material”
9and “sexually explicit material” mean the same as defined in
10section 279.80.
11 Sec. 2. Section 256.9, Code 2023, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 66. Develop and make available on the
14department’s internet site a comprehensive list of all
15notifications received pursuant to section 279.79, sortable
16by the book’s title and author and the school districts that
17have removed the book from libraries operated by the school
18district, classrooms, or any areas on school district property.
19The department shall update the comprehensive list at least
20once each month.
21 Sec. 3. Section 256.11, subsections 2, 3, and 4, Code 2023,
22are amended to read as follows:
232. The kindergarten program shall include experiences
24designed to develop healthy emotional and social habits and
25growth in the language arts and communication skills, as well
26as a capacity for the completion of individual tasks, and
27protect and increase physical well-being with attention given
28to experiences relating to the development of life skills and,
29subject to section 279.77, age-appropriate and research-based
30 human growth and development. A kindergarten teacher shall be
31licensed to teach in kindergarten. An accredited nonpublic
32school must meet the requirements of this subsection only if
33the nonpublic school offers a kindergarten program.
343. The following areas shall be taught in grades one through
35six: English-language arts, social studies, mathematics,
-1-1science, health, age-appropriate and research-based
2human growth and development, physical education, traffic
3safety, music, and visual art, and, subject to section
4279.77, age-appropriate and research-based human growth and
5development. Computer science instruction incorporating
6the standards established under section 256.7, subsection
726, paragraph “a”, subparagraph (4), shall be offered in
8at least one grade level commencing with the school year
9beginning July 1, 2023. The health curriculum shall include
10the characteristics of communicable diseases including acquired
11immune deficiency syndrome. The state board as part of
12accreditation standards shall adopt curriculum definitions for
13implementing the elementary program.
144. The following shall be taught in grades seven and
15eight: English-language arts; social studies; mathematics;
16science; health; age-appropriate and research-based human
17growth and development; career exploration and development;
18physical education; music; and visual art. Computer science
19instruction incorporating the standards established under
20section 256.7, subsection 26, paragraph “a”, subparagraph (4),
21shall be offered in at least one grade level commencing with
22the school year beginning July 1, 2023. Career exploration
23and development shall be designed so that students are
24appropriately prepared to create an individual career
25and academic plan pursuant to section 279.61, incorporate
26foundational career and technical education concepts aligned
27with the six career and technical education service areas
28as defined in subsection 5, paragraph “h”, and incorporate
29relevant twenty-first century skills. The health curriculum
30shall include age-appropriate and research-based information
31regarding the characteristics of sexually transmitted diseases,
32including HPV and the availability of a vaccine to prevent
33HPV, and acquired immune deficiency syndrome. The state board
34as part of accreditation standards shall adopt curriculum
35definitions for implementing the program in grades seven
-2-1and eight. However, this subsection shall not apply to the
2teaching of career exploration and development in nonpublic
3schools. For purposes of this section,“age-appropriate”,
4“HPV”, and “research-based” mean the same as defined in section
5279.50.
6 Sec. 4. Section 256.11, subsection 5, paragraph b, Code
72023, is amended to read as follows:
8b. (1) Five units of the social studies including
9instruction in voting statutes and procedures, voter
10registration requirements, the use of paper ballots and voting
11systems in the election process, and the method of acquiring
12and casting an absentee ballot. All students shall complete a
13minimum of one-half unit of United States government and one
14unit of United States history.
15(2) The one-half unit of United States government shall
16include the all of the following:
17(a) Thevoting procedure as described in this lettered
18paragraph and section 280.9A. The government instruction shall
19also include a
20(b) Astudy of the Constitution of the United States and the
21Bill of Rights contained in the Constitution and an assessment
22of a student’s knowledge of the Constitution and the Bill of
23Rights.
24(c) (i) An assessment of the student’s knowledge of
25United States government and civics that includes the nature,
26purpose, structure, function, and history of the United States
27government, the rights and responsibilities of citizens of
28the United States, and important United States government and
29civic leaders. The most recent version of the civics test
30developed by the United States citizenship and immigration
31services shall be used as the assessment required by this
32subparagraph division. On or before June 30 of each year, each
33school district and accredited nonpublic school shall submit
34the results of the assessment required by this subparagraph
35division to the department.
-3- 1(ii) The school district or accredited nonpublic school
2may modify the civics test developed by the United States
3citizenship and immigration services for a student who has an
4individualized education program.
5(iii) A student shall answer at least seventy percent of
6the questions on the civics test developed by the United States
7citizenship and immigration services correctly as a condition
8of graduation. A student who fails to answer at least seventy
9percent of the questions on the civics test correctly may
10retake the civics test as many times as necessary.
11 Sec. 5. Section 256.11, subsection 5, paragraph j,
12subparagraph (1), Code 2023, is amended to read as follows:
13(1) One unit of health education which shall include
14personal health; food and nutrition; environmental health;
15safety and survival skills; consumer health; family life;
16age-appropriate and research-based human growth and
17development; substance abuse and nonuse; emotional and
18social health; health resources; and prevention and control
19of disease, including age-appropriate and research-based
20information regarding sexually transmitted diseases, including
21HPV and the availability of a vaccine to prevent HPV, and
22acquired immune deficiency syndrome.
23 Sec. 6. Section 256E.7, subsection 2, paragraph i, Code
242023, is amended to read as follows:
25i. Be subject to and comply with section 279.76 relating
26to physical examinations, and health screenings, and formal
27examinations or surveys designed to assess a student’s mental,
28emotional, or physical health in the same manner as a school
29district.
30 Sec. 7. Section 256E.7, subsection 2, Code 2023, is amended
31by adding the following new paragraphs:
32 NEW PARAGRAPH. 0j. Be subject to and comply with the
33requirements of section 279.77 relating to gender identity and
34sexual activity instruction in kindergarten through grade six
35in the same manner as a school district.
-4-1 NEW PARAGRAPH. 00j. Be subject to and comply with the
2requirements of section 279.81 relating to student, employee,
3and contractor participation in surveys, analyses, activities,
4or evaluations in the same manner as a school district.
5 NEW PARAGRAPH. 000j. Be subject to and comply with
6the requirements of section 279.82 relating to minor
7students serving on committees that determine, or provide
8recommendations related to, whether a material in a school
9library should be removed because the material may constitute
10or contain obscene material or sexually explicit material in
11the same manner as a school district.
12 NEW PARAGRAPH. 0000j. Be subject to and comply with the
13requirements of section 279.83 relating to the addition of
14materials to a school library in the same manner as a school
15district.
16 Sec. 8. Section 256F.4, subsection 2, paragraph k, Code
172023, is amended to read as follows:
18k. Be subject to and comply with section 279.76 relating
19to physical examinations, and health screenings, and formal
20examinations or surveys designed to assess a student’s mental,
21emotional, or physical health in the same manner as a school
22district.
23 Sec. 9. Section 256F.4, subsection 2, Code 2023, is amended
24by adding the following new paragraphs:
25 NEW PARAGRAPH. l. Be subject to and comply with the
26requirements of section 279.77 relating to gender identity and
27sexual activity instruction in kindergarten through grade six
28in the same manner as a school district.
29 NEW PARAGRAPH. m. Be subject to and comply with the
30requirements of section 279.81 relating to student, employee,
31and contractor participation in surveys, analyses, activities,
32or evaluations in the same manner as a school district.
33 NEW PARAGRAPH. n. Be subject to and comply with
34the requirements of section 279.82 relating to minor
35students serving on committees that determine, or provide
-5-1recommendations related to, whether a material in a school
2library should be removed because the material may constitute
3or contain obscene material or sexually explicit material in
4the same manner as a school district.
5 NEW PARAGRAPH. o. Be subject to and comply with the
6requirements of section 279.83 relating to the addition of
7materials to a school library in the same manner as a school
8district.
9 Sec. 10. Section 279.50, subsections 1 and 2, Code 2023, are
10amended to read as follows:
111. Each Subject to section 279.77, each school board shall
12provide instruction in kindergarten which gives attention
13to experiences relating to life skills and human growth and
14development as required in section 256.11. School districts
15shall use research provided in section 256.9, subsection 46,
16paragraph “b”, to evaluate and upgrade their instructional
17materials and teaching strategies for human growth and
18development.
192. Each school board shall provide age-appropriate and
20research-based instruction in human growth and development
21including instruction regarding human sexuality, self-esteem,
22stress management, interpersonal relationships, domestic
23abuse, HPV and the availability of a vaccine to prevent HPV,
24and acquired immune deficiency syndrome and the prevention and
25control of disease, including sexually transmitted diseases as
26required in section 256.11, in grades one seven through twelve.
27 Sec. 11. Section 279.50, Code 2023, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 1A. Subject to section 279.77, each
30school board shall provide age-appropriate and research-based
31instruction in human growth and development including
32instruction regarding self-esteem, stress management,
33interpersonal relationships, and domestic abuse in grades one
34through six.
35 Sec. 12. Section 279.50, subsection 9, paragraphs b and c,
-6-1Code 2023, are amended by striking the paragraphs.
2 Sec. 13. Section 279.76, Code 2023, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 1A. a. Each school district is prohibited
5from administering or conducting a formal examination or survey
6of a student that is designed to assess the student’s mental,
7emotional, or physical health that is not required by state or
8federal law without first acquiring the written consent of the
9student’s parent or guardian.
10b. Each school district shall give written notice to a
11student’s parent or guardian of an examination or survey of
12the student required by state or federal law that is designed
13to assess the student’s mental, emotional, or physical health
14not less than seven days prior to the examination or survey.
15The notice shall include a copy of the examination or survey
16or a link to an internet site where the parent or guardian may
17access the examination or survey.
18c. This subsection shall not apply to a hearing or vision
19examination.
20 Sec. 14. NEW SECTION. 279.77 Gender identity and sexual
21activity — prohibited instruction.
221. As used in this section:
23a. “Gender identity” means the same as defined in section
24216.2.
25b. “Sexual activity” means the same as defined in section
26702.17.
272. A school district shall not provide any program,
28curriculum, material, test, survey, questionnaire, activity,
29announcement, promotion, or instruction of any kind relating to
30gender identity or sexual activity to students in kindergarten
31through grade five or to students in grade six when grade six
32is taught in an elementary school.
33 Sec. 15. NEW SECTION. 279.78 Transparency — publication
34of school district information.
351. Each school district shall publish all of the following
-7-1information related to the current school year on the school
2district’s internet site:
3a. A list of all materials that will be used to teach
4students in each class in the school district, sortable by
5subject area, grade level, and teacher. The requirement to
6publish a list of materials does not apply to the extent a
7teacher is discussing or providing instruction related to
8current events.
9b. A comprehensive list of all persons in direct contact
10with students enrolled in the school district who contract with
11or otherwise receive moneys from the board of directors of the
12school district.
13c. A comprehensive list of all books available to students
14in the classroom and in libraries operated by the school
15district.
16d. A detailed explanation of the procedures or policies
17in effect for the parent or guardian of a student enrolled in
18the school district to request the removal of a book, article,
19outline, handout, video, or other educational material that is
20available to students in the classroom or in a library operated
21by the school district.
22e. A detailed explanation of the procedures or policies in
23effect to request the review of decisions made by the board
24of directors of the school district, including the petition
25process established pursuant to section 279.8B.
262. Each school district shall update the information
27required to be published pursuant to subsection 1 at least
28two times each semester or at the start of each trimester, as
29applicable.
303. This section shall not be construed to require a school
31district to do any of the following:
32a. Reproduce educational materials that were not created by
33a person employed by the board of directors.
34b. Distribute any educational materials in a manner that
35would infringe on the intellectual property rights of any
-8-1person.
2 Sec. 16. NEW SECTION. 279.79 Notifications to department of
3education regarding the removal of books from school library.
41. As used in this section:
5a. “Obscene material” means the same as defined in section
6728.1.
7b. “Sexually explicit material” means the same as defined
8in section 279.80.
92. If the board of directors of a school district removes
10a book from a library operated by the school district, a
11classroom, or any area on school district property because the
12board of directors determined the book constituted or contained
13obscene material or sexually explicit material, then the board
14of directors shall notify the department of education of the
15removal within seven days. The notification shall contain the
16book’s title and author.
17 Sec. 17. NEW SECTION. 279.80 Parental rights in education.
181. As used in this section:
19a. “Gender identity” means the same as defined in section
20216.2.
21b. “Minor child” means an individual under eighteen years
22of age.
23c. “Obscene material” means the same as defined in section
24728.1.
25d. “Sexually explicit material” means any material that
26meets all of the following criteria:
27(1) Taken as a whole with respect to minor children, the
28material appeals to the prurient interest in nudity, sex, or
29excretion.
30(2) The material depicts, describes, or represents, in a
31patently offensive way with respect to what is suitable for
32minor children, a sex act, lewd exhibition of the genitals,
33masturbation, excretory functions, bestiality, or oral, anal,
34or vaginal intercourse, actual or simulated, involving humans.
35For purposes of this subparagraph, “lewd exhibition of the
-9-1genitals” includes any material depicting genitalia in which
2the place or pose of the person in the depiction is sexually
3suggestive, any visual depiction that suggests sexual coyness
4or a willingness to engage in sexual activity, or any visual
5depiction that is intended or designed to elicit a sexual
6response from the viewer.
7(3) Taken as a whole, the material lacks serious literary,
8artistic, political, or scientific value as to the youngest
9minor child with reasonable access to the material. For
10purposes of this subparagraph, material lacks serious literary,
11artistic, political, or scientific value as to minor children
12if the material contains material described in subparagraphs
13(1) and (2) when substantially similar material is readily
14available to minor children that does not contain material
15described in subparagraphs (1) and (2) but that conveys a
16substantially similar message or viewpoint.
17e. “Visual depiction” includes any picture, slide,
18photograph, digital or electronic image, negative image,
19undeveloped film, motion picture, videotape, digital or
20electronic recording, live transmission, or any other pictorial
21or three-dimensional representation.
222. a. Each school district shall immediately notify the
23parent or guardian of a minor child enrolled in the school
24district if any employee of the school district reasonably
25believes that the minor child has expressed a gender identity
26that is different than the biological sex listed on the minor
27child’s official birth certificate or certificate issued upon
28adoption if the certificate was issued at or near the time of
29the minor child’s birth.
30b. Notwithstanding paragraph “a”, if a school district
31determines based on actual threats to the health, safety, or
32welfare of a minor child enrolled in the school district that
33notifying the parent or guardian of the minor child pursuant
34to paragraph “a” may result in serious harm to the minor child,
35the school district shall not notify the parent or guardian and
-10-1shall instead immediately report the school district’s safety
2concerns to the department of health and human services so that
3the department may determine whether the minor child is a child
4in need of assistance under chapter 232.
53. The parent or guardian of a minor child enrolled in
6a school district may access and review all school records
7related to the minor child, including teacher evaluations of
8the minor child and associated notes, evaluation information,
9and documents created by the minor child, unless chapter
10232, subchapter III, part 2, prohibits the record from being
11disclosed.
124. A school district must receive the prior written consent
13of a minor child’s parent or guardian before allowing a minor
14child enrolled in the school district to check out or access
15any book that is on the list maintained by the department of
16education pursuant to section 256.9, subsection 66.
175. A school district must receive the prior written consent
18of the parent or guardian of a minor child enrolled in the
19school district before allowing any employee of the school
20district to address the minor child using a name or a pronoun
21that does not correspond to the biological sex that is listed
22on the minor child’s official birth certificate or certificate
23issued upon adoption if the certificate was issued at or near
24the time of the minor child’s birth.
256. A school district shall not require any minor child
26enrolled in the school district to engage in any activity or
27instruction provided by a guest lecturer or outside presenter,
28or any activity or instruction that involves obscene material
29or sexually explicit material, without providing the parent
30or guardian of a minor child enrolled in the school district
31with notice at least seven days prior to the activity or
32instruction. A school district shall not allow a minor
33child enrolled in the school district to engage in the
34activity or instruction unless the minor child’s parent or
35guardian provides notice to the school district requesting
-11-1that the minor child be allowed to engage in the activity
2or instruction. The notice shall describe how to request
3that a minor child be allowed to engage in the activity or
4instruction.
57. If, after investigation, the department of education
6determines that a school district or an employee of a school
7district has violated this section, the school district or
8employee of the school district, as applicable, shall be
9subject to the following:
10a. For the first violation of this section, the department
11of education shall issue a written warning to the board
12of directors of the school district or the employee, as
13applicable.
14b. (1) For a second or subsequent violation of this
15section, if the department of education finds that a school
16district knowingly violated this section, the superintendent of
17the school district shall be subject to a hearing conducted by
18the board of educational examiners pursuant to section 272.2,
19subsection 14, which may result in disciplinary action.
20(2) For a second or subsequent violation of this section,
21if the department of education finds that an employee of
22the school district who holds a license, certificate,
23authorization, or statement of recognition issued by the board
24of educational examiners under chapter 272 knowingly violated
25this section, the employee shall be subject to a hearing
26conducted by the board of educational examiners pursuant to
27section 272.2, subsection 14, which may result in disciplinary
28action.
298. The state board of education shall adopt rules pursuant
30to chapter 17A to administer this section.
31 Sec. 18. NEW SECTION. 279.81 Protection of student rights.
321. The board of directors of a school district must
33receive the prior written consent of a student’s parent or
34guardian before requiring a student to take part in any survey,
35analysis, activity, or evaluation that reveals information
-12-1concerning any of the following about the student or the
2student’s family, whether the information is personally
3identifiable or not:
4a. The political affiliations or beliefs of the student or
5the student’s parent or guardian.
6b. Mental or psychological problems of the student or the
7student’s family.
8c. Sexual behavior, orientation, or attitudes.
9d. Illegal, antisocial, self-incriminating, or demeaning
10behavior.
11e. Critical appraisals of other individuals with whom the
12student has close familial relationships.
13f. Legally recognized privileged or analogous relationships,
14such as those of attorneys, physicians, or ministers.
15g. Religious practices, affiliations, or beliefs of the
16student or the student’s parent or guardian.
17h. Income, except when required by law to determine
18eligibility for participation in a program or for receiving
19financial assistance under such a program.
202. An employee of a school district, or a contractor engaged
21by a school district, shall not answer any question pertaining
22to any particular student enrolled in the school district
23in any survey related to the social or emotional abilities,
24competencies, or characteristics of the student, unless the
25board of directors of the school district satisfies all of the
26following requirements:
27a. The board of directors of the school district provides to
28the parent or guardian of each student enrolled in the school
29district detailed information related to the survey, including
30the person who created the survey, the person who sponsors the
31survey, how information generated by the survey is used, and
32how information generated by the survey is stored.
33b. The board of directors of the school district receives
34the written consent from a student’s parent or guardian
35authorizing the employee or contractor to answer questions in
-13-1the survey pertaining to the student.
2 Sec. 19. NEW SECTION. 279.82 Library materials review
3committee.
41. For purposes of this section:
5a. “Obscene material” means the same as defined in section
6728.1.
7b. “Sexually explicit material” means the same as defined
8in section 279.80.
92. The board of directors of a school district shall not
10allow a minor student serving on any committee that determines,
11or provides recommendations related to, whether a material in a
12library operated by the school district should be removed to
13view the material being considered for removal if the material
14is being considered for removal because it may constitute
15obscene material or sexually explicit material.
16 Sec. 20. NEW SECTION. 279.83 Addition of materials to
17school library.
181. As used in this section:
19a. “Obscene material” means the same as defined in section
20728.1.
21b. “Sexually explicit material” means the same as defined
22in section 279.80.
232. A school district shall not add new material to a library
24operated by the school district unless the board of directors
25of the school district has formally approved the material and
26determined that the material does not constitute or contain
27obscene material or sexually explicit material.
28 Sec. 21. Section 299A.9, subsection 1, Code 2023, is amended
29to read as follows:
301. A child of compulsory attendance age who is identified
31as requiring special education under chapter 256B is eligible
32for placement under competent private instruction with prior
33approval of the placement by the director of special education
34of the area education agency of the child’s district of
35residence.
-14-1 Sec. 22. Section 299A.9, Code 2023, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 3. The parent, guardian, or legal custodian
4of a child who is identified as requiring special education
5may request dual enrollment pursuant to section 299A.8. The
6appropriate special education services for the child shall be
7determined pursuant to chapter 256B and rules adopted pursuant
8to chapter 256B.
9 Sec. 23. NEW SECTION. 601.1 Parents and guardians —
10rights.
111. For purposes of this section:
12a. “Emergent care situation” means a sudden or unforeseen
13occurrence or onset of a medical or behavioral condition that
14could result in serious injury or harm to a minor child in the
15event immediate medical attention is not provided.
16b. “Medical care” means any care, treatment, service, or
17procedure to prevent, diagnose, alleviate, treat, or cure a
18minor child’s physical or mental condition.
19c. “Minor child” means an unmarried and unemancipated person
20under the age of eighteen years.
212. A parent or guardian bears the ultimate responsibility,
22and has the constitutionally protected right, to make decisions
23affecting the parent’s or guardian’s minor child, including
24decisions related to the minor child’s medical care, moral
25upbringing, religious upbringing, residence, education, and
26extracurricular activities.
273. This section shall not be construed to prohibit a minor
28child from receiving medical attention in an emergent care
29situation.
304. This section shall not be construed to prohibit a person
31from cooperating in a child abuse assessment commenced in
32accordance with section 232.71B.
335. The rights guaranteed to parents and guardians by this
34section are not a comprehensive list of the rights reserved
35to parents or guardians of a minor child. The enumeration of
-15-1the rights contained in this section shall not be construed to
2limit the rights reserved to parents or guardians of a minor
3child.
4 Sec. 24. IMPLEMENTATION OF ACT. Section 25B.2, subsection
53, shall not apply to this Act.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to children and students, including
10establishing a parent’s or guardian’s right to make decisions
11affecting the parent’s or guardian’s child and modifying
12provisions related to student health screenings and the
13curriculum in school districts, accredited nonpublic schools,
14and charter schools, other duties of the state board of
15education and school districts, competent private instruction,
16and special education.
17The bill requires the state board of education to adopt
18rules that require school districts and charter schools to
19periodically review the materials available in school libraries
20to determine if the materials constitute or contain obscene
21material or sexually explicit material.
22The bill prohibits instruction related to gender identity
23and sexual activity in school districts, accredited nonpublic
24schools, charter schools, and innovation zone schools in
25kindergarten through grade five and to students in grade six
26when grade six is taught in an elementary school. The bill
27makes conforming changes to Code sections 256.11 (educational
28standards) and 279.50 (human growth and development
29instruction) and provides that human growth and development
30instruction provided to students in kindergarten through grade
31five, and grade six when sixth grade is taught in an elementary
32school, shall not include any program, curriculum, material,
33test, survey, questionnaire, activity, announcement, promotion,
34or instruction of any kind relating to gender identity or
35sexual activity.
-16- 1The bill strikes the requirement that the health curriculum
2provided in school districts, accredited nonpublic schools,
3and charter schools in grades 1 through 12 include instruction
4related to the characteristics of acquired immune deficiency
5syndrome and makes conforming changes to Code section 279.50
6(human growth and development instruction). The bill also
7strikes the requirement that the health curriculum provided in
8school districts, accredited nonpublic schools, and charter
9schools in grades 7 through 12 include instruction related to
10human papilloma virus (HPV) and the availability of a vaccine
11to prevent HPV and makes conforming changes to Code section
12279.50. The bill makes conforming changes.
13The bill requires the human growth and development
14instruction provided in the kindergarten program to be both
15age-appropriate and research-based.
16Under current law, the educational program established
17pursuant to Code section 256.11 is required to include, in
18grades 9 through 12, five units of social studies, one-half
19unit of which is to consist of instruction in United States
20government. The bill provides that this one-half unit of
21United States government shall include an assessment of the
22student’s knowledge of United States government and civics.
23The bill provides that the most recent version of the civics
24test developed by the United States citizenship and immigration
25services shall be used as the assessment. The bill requires
26each school district and accredited nonpublic school to submit
27the results of the civics test to the department of education
28by June 30 of each year. The bill authorizes a school district
29or accredited nonpublic school to modify the civics test for
30a student who has an individualized education program. The
31bill provides that a student must answer at least 70 percent
32of the questions correctly on the civics test as a condition
33of graduation. The bill authorizes a student who fails to
34answer at least 70 percent of the questions on the civics test
35correctly to retake the civics test.
-17- 1The bill prohibits school districts, charter schools, and
2innovation zone schools from administering or conducting a
3formal examination or survey of a student that is designed to
4assess the student’s mental, emotional, or physical health
5that is not required by state or federal law, without first
6acquiring the written consent of the student’s parent or
7guardian. This provision applies only to a minor child in the
8direct care of a parent or guardian, and does not apply to
9an emancipated minor or a minor who is not residing with the
10parent or guardian. The bill provides that this provision does
11not apply to a hearing or vision examination.
12The bill requires school districts, charter schools, and
13innovation zone schools to give written notice to a student’s
14parent or guardian of an examination or survey of the student
15required by state or federal law that is designed to assess
16the student’s mental, emotional, or physical health not less
17than seven days prior to the examination or survey. The bill
18requires the notice to contain a copy of the examination
19or survey. This provision applies only to the parents or
20guardians of a minor child who is in the direct care of
21the parent or guardian, and does not apply to the parents
22or guardians of an emancipated minor or a minor who is not
23residing with the parent or guardian. The bill provides
24that this provision does not apply to a hearing or vision
25examination.
26The bill requires each school district to publish all of the
27following information related to the current school year on
28the school district’s internet site: a list of all materials
29that will be used to teach students in each class in the school
30district; a list of all persons in direct contact with students
31enrolled in the school district who contract with or otherwise
32receive moneys from the board of directors of the school
33district; a list of all books available to students in the
34classroom and in libraries operated by the school district; a
35detailed explanation of the procedures in effect for the parent
-18-1or guardian of a student enrolled in the school district to
2request the removal of educational material that is available
3to students in the classroom or in a library operated by the
4school district; and a detailed explanation of the procedures
5in effect to request the review of decisions made by the board
6of directors of the school district. The bill also requires
7each school district to update this information at least two
8times each semester or at the start of each trimester, as
9applicable.
10The bill requires each school district to notify the
11department of education that the board of directors of the
12school district has removed a book from a library operated
13by the school district, a classroom, or any area on school
14district property within seven days after removal if the book
15was removed because the board determined the book constituted
16or contained obscene material or sexually explicit material.
17The bill also requires the department to make available on
18the department’s internet site, and update at least monthly,
19a comprehensive list (removal list) of all of these notices,
20sortable by the book’s title and author and the school
21districts that have removed the book from libraries operated
22by the school district, classrooms, or any areas on school
23property.
24The bill enacts new Code section 279.80, which requires a
25school district to immediately notify the parent or guardian
26of a minor child enrolled in the school district if any
27employee of the school district reasonably believes the
28minor child has expressed a gender identity that is different
29than the biological sex listed on the minor child’s official
30birth certificate or certificate issued upon adoption if the
31certificate was issued at or near the time of the minor child’s
32birth. The bill provides that, notwithstanding this provision,
33if a school district determines based on actual threats to
34safety of the minor child that notifying the parent or guardian
35may result in serious harm to the minor child, the school
-19-1district shall not notify the parent or guardian and shall
2immediately report the school district’s safety concerns to the
3department of health and human services so that the department
4may determine whether the minor child is a child in need of
5assistance under Code chapter 232 (juvenile justice).
6New Code section 279.80 authorizes the parent or guardian
7of a minor child enrolled in a school district to access
8and review all school records related to the minor child
9unless Code chapter 232, subchapter III, part 2 (child abuse
10reporting, assessment, and rehabilitation), prohibits the
11record from being disclosed.
12New Code section 279.80 provides that a school district must
13receive the prior written consent of a minor child’s parent or
14guardian before allowing a minor child enrolled in the school
15district to check out or access any book that is on the removal
16list.
17New Code section 279.80 provides that a school district must
18receive the prior written consent of the parent or guardian of
19a minor child enrolled in the school district before allowing
20any employee of the school district to address the minor child
21using a name or a pronoun that does not correspond to the
22biological sex that is 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.
26New Code section 279.80 prohibits a school district from
27requiring any minor child enrolled in the school district to
28engage in any activity or instruction provided by a guest
29lecturer or outside presenter, or any activity or instruction
30that involves obscene material or sexually explicit material,
31without providing the minor child’s parent or guardian
32with notice at least seven days prior to the activity or
33instruction. New Code section 279.80 also prohibits a
34school district from allowing a minor child to engage in the
35activity or instruction unless the minor child’s parent or
-20-1guardian provides notice to the school district requesting
2that the minor child be allowed to engage in the activity or
3instruction.
4The bill establishes enforcement mechanisms applicable
5to school districts and school district employees in the
6event of a violation of new Code section 279.80, including
7written warnings and hearings before the board of educational
8examiners.
9The bill requires the state board of education to adopt rules
10to administer new Code section 279.80.
11The bill requires school districts, charter schools, and
12innovation zone schools to receive the prior written consent
13of a student’s parent or guardian before requiring a student
14to take part in any survey, analysis, activity, or evaluation
15that reveals information related to political affiliations
16of the student or student’s parent or guardian; mental or
17psychological problems of the student or the student’s
18family; sexual behavior, orientation, or attitudes; illegal,
19antisocial, self-incriminating, or demeaning behavior; critical
20appraisals of individuals with whom the student has close
21familial relationships; legally recognized privileged or
22analogous relationships; religious practices, affiliations,
23or beliefs of the student or student’s parent or guardian; or
24income, except as required by law to determine eligibility
25for a program. The requirement applies whether or not the
26information is personally identifiable.
27The bill prohibits an employee or contractor of a school
28district, charter school, or innovation zone school, from
29answering any question pertaining to any particular student
30enrolled in the school district, charter school, or innovation
31zone school in any survey related to the social or emotional
32abilities, competencies, or characteristics of the student,
33unless the school district, charter school, or innovation zone
34school provides to the parent or guardian of each student
35detailed information related to the survey and receives the
-21-1written consent from a student’s parent or guardian authorizing
2the employee or contractor to answer questions in the survey
3pertaining to the student.
4The bill prohibits school districts, charter schools, and
5innovation zone schools from allowing a minor to serve on any
6committee that determines, or provides recommendations related
7to, whether a material in a library operated by the school
8should be removed to view the material being considered for
9removal if the material is being considered for removal because
10it may constitute or contain obscene material or sexually
11explicit material.
12The bill prohibits school districts, charter schools,
13and innovation zone schools from adding new material to a
14library operated by the school unless the board of directors
15or governing board has formally approved the material and
16determined that the material does not constitute or contain
17obscene material or sexually explicit material.
18The bill provides that a child of compulsory attendance age
19who is identified as requiring special education is eligible
20for placement under competent private instruction without prior
21approval of the placement by the director of special education
22of an area education agency. The bill also provides that a
23child who is identified as requiring special education may
24request dual enrollment and the appropriate special education
25services for the child shall be determined pursuant to Code
26chapter 256B (special education).
27The bill enacts new Code section 601.1, which provides that
28a parent or guardian bears the ultimate responsibility to make
29decisions affecting the parent’s or guardian’s minor child,
30including decisions related to the minor child’s medical care,
31moral upbringing, religious upbringing, residence, education,
32and extracurricular activities.
33The bill provides that new Code section 601.1 shall not be
34construed to prohibit a minor child from receiving medical
35attention in an emergent care situation or to prohibit a person
-22-1from cooperating in a child abuse assessment.
2The bill may include a state mandate as defined in Code
3section 25B.3. The bill makes inapplicable Code section 25B.2,
4subsection 3, which would relieve a political subdivision from
5complying with a state mandate if funding for the cost of
6the state mandate is not provided or specified. Therefore,
7political subdivisions are required to comply with any state
8mandate included in the bill.
-23-jda/jh
2establishing a parent’s or guardian’s right to make
3decisions affecting the parent’s or guardian’s child, and
4modifying provisions related to student health screenings
5and the curriculum in school districts, accredited nonpublic
6schools, and charter schools, other duties of the state
7board of education and school districts, competent private
8instruction, and special education.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.7, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 35. Adopt rules that require school
4districts and charter schools to periodically review the
5materials currently available in libraries operated by the
6school district or charter school to determine if the materials
7constitute or contain obscene material or sexually explicit
8material. For purposes of this subsection, “obscene material”
9and “sexually explicit material” mean the same as defined in
10section 279.80.
11 Sec. 2. Section 256.9, Code 2023, is amended by adding the
12following new subsection:
13 NEW SUBSECTION. 66. Develop and make available on the
14department’s internet site a comprehensive list of all
15notifications received pursuant to section 279.79, sortable
16by the book’s title and author and the school districts that
17have removed the book from libraries operated by the school
18district, classrooms, or any areas on school district property.
19The department shall update the comprehensive list at least
20once each month.
21 Sec. 3. Section 256.11, subsections 2, 3, and 4, Code 2023,
22are amended to read as follows:
232. The kindergarten program shall include experiences
24designed to develop healthy emotional and social habits and
25growth in the language arts and communication skills, as well
26as a capacity for the completion of individual tasks, and
27protect and increase physical well-being with attention given
28to experiences relating to the development of life skills and,
29subject to section 279.77, age-appropriate and research-based
30 human growth and development. A kindergarten teacher shall be
31licensed to teach in kindergarten. An accredited nonpublic
32school must meet the requirements of this subsection only if
33the nonpublic school offers a kindergarten program.
343. The following areas shall be taught in grades one through
35six: English-language arts, social studies, mathematics,
-1-1science, health, age-appropriate and research-based
2human growth and development, physical education, traffic
3safety, music, and visual art, and, subject to section
4279.77, age-appropriate and research-based human growth and
5development. Computer science instruction incorporating
6the standards established under section 256.7, subsection
726, paragraph “a”, subparagraph (4), shall be offered in
8at least one grade level commencing with the school year
9beginning July 1, 2023. The health curriculum shall include
10the characteristics of communicable diseases including acquired
11immune deficiency syndrome. The state board as part of
12accreditation standards shall adopt curriculum definitions for
13implementing the elementary program.
144. The following shall be taught in grades seven and
15eight: English-language arts; social studies; mathematics;
16science; health; age-appropriate and research-based human
17growth and development; career exploration and development;
18physical education; music; and visual art. Computer science
19instruction incorporating the standards established under
20section 256.7, subsection 26, paragraph “a”, subparagraph (4),
21shall be offered in at least one grade level commencing with
22the school year beginning July 1, 2023. Career exploration
23and development shall be designed so that students are
24appropriately prepared to create an individual career
25and academic plan pursuant to section 279.61, incorporate
26foundational career and technical education concepts aligned
27with the six career and technical education service areas
28as defined in subsection 5, paragraph “h”, and incorporate
29relevant twenty-first century skills. The health curriculum
30shall include age-appropriate and research-based information
31regarding the characteristics of sexually transmitted diseases,
32including HPV and the availability of a vaccine to prevent
33HPV, and acquired immune deficiency syndrome. The state board
34as part of accreditation standards shall adopt curriculum
35definitions for implementing the program in grades seven
-2-1and eight. However, this subsection shall not apply to the
2teaching of career exploration and development in nonpublic
3schools. For purposes of this section,“age-appropriate”,
4“HPV”, and “research-based” mean the same as defined in section
5279.50.
6 Sec. 4. Section 256.11, subsection 5, paragraph b, Code
72023, is amended to read as follows:
8b. (1) Five units of the social studies including
9instruction in voting statutes and procedures, voter
10registration requirements, the use of paper ballots and voting
11systems in the election process, and the method of acquiring
12and casting an absentee ballot. All students shall complete a
13minimum of one-half unit of United States government and one
14unit of United States history.
15(2) The one-half unit of United States government shall
16include the all of the following:
17(a) Thevoting procedure as described in this lettered
18paragraph and section 280.9A. The government instruction shall
19also include a
20(b) Astudy of the Constitution of the United States and the
21Bill of Rights contained in the Constitution and an assessment
22of a student’s knowledge of the Constitution and the Bill of
23Rights.
24(c) (i) An assessment of the student’s knowledge of
25United States government and civics that includes the nature,
26purpose, structure, function, and history of the United States
27government, the rights and responsibilities of citizens of
28the United States, and important United States government and
29civic leaders. The most recent version of the civics test
30developed by the United States citizenship and immigration
31services shall be used as the assessment required by this
32subparagraph division. On or before June 30 of each year, each
33school district and accredited nonpublic school shall submit
34the results of the assessment required by this subparagraph
35division to the department.
-3- 1(ii) The school district or accredited nonpublic school
2may modify the civics test developed by the United States
3citizenship and immigration services for a student who has an
4individualized education program.
5(iii) A student shall answer at least seventy percent of
6the questions on the civics test developed by the United States
7citizenship and immigration services correctly as a condition
8of graduation. A student who fails to answer at least seventy
9percent of the questions on the civics test correctly may
10retake the civics test as many times as necessary.
11 Sec. 5. Section 256.11, subsection 5, paragraph j,
12subparagraph (1), Code 2023, is amended to read as follows:
13(1) One unit of health education which shall include
14personal health; food and nutrition; environmental health;
15safety and survival skills; consumer health; family life;
16age-appropriate and research-based human growth and
17development; substance abuse and nonuse; emotional and
18social health; health resources; and prevention and control
19of disease, including age-appropriate and research-based
20information regarding sexually transmitted diseases, including
21HPV and the availability of a vaccine to prevent HPV, and
22acquired immune deficiency syndrome.
23 Sec. 6. Section 256E.7, subsection 2, paragraph i, Code
242023, is amended to read as follows:
25i. Be subject to and comply with section 279.76 relating
26to physical examinations, and health screenings, and formal
27examinations or surveys designed to assess a student’s mental,
28emotional, or physical health in the same manner as a school
29district.
30 Sec. 7. Section 256E.7, subsection 2, Code 2023, is amended
31by adding the following new paragraphs:
32 NEW PARAGRAPH. 0j. Be subject to and comply with the
33requirements of section 279.77 relating to gender identity and
34sexual activity instruction in kindergarten through grade six
35in the same manner as a school district.
-4-1 NEW PARAGRAPH. 00j. Be subject to and comply with the
2requirements of section 279.81 relating to student, employee,
3and contractor participation in surveys, analyses, activities,
4or evaluations in the same manner as a school district.
5 NEW PARAGRAPH. 000j. Be subject to and comply with
6the requirements of section 279.82 relating to minor
7students serving on committees that determine, or provide
8recommendations related to, whether a material in a school
9library should be removed because the material may constitute
10or contain obscene material or sexually explicit material in
11the same manner as a school district.
12 NEW PARAGRAPH. 0000j. Be subject to and comply with the
13requirements of section 279.83 relating to the addition of
14materials to a school library in the same manner as a school
15district.
16 Sec. 8. Section 256F.4, subsection 2, paragraph k, Code
172023, is amended to read as follows:
18k. Be subject to and comply with section 279.76 relating
19to physical examinations, and health screenings, and formal
20examinations or surveys designed to assess a student’s mental,
21emotional, or physical health in the same manner as a school
22district.
23 Sec. 9. Section 256F.4, subsection 2, Code 2023, is amended
24by adding the following new paragraphs:
25 NEW PARAGRAPH. l. Be subject to and comply with the
26requirements of section 279.77 relating to gender identity and
27sexual activity instruction in kindergarten through grade six
28in the same manner as a school district.
29 NEW PARAGRAPH. m. Be subject to and comply with the
30requirements of section 279.81 relating to student, employee,
31and contractor participation in surveys, analyses, activities,
32or evaluations in the same manner as a school district.
33 NEW PARAGRAPH. n. Be subject to and comply with
34the requirements of section 279.82 relating to minor
35students serving on committees that determine, or provide
-5-1recommendations related to, whether a material in a school
2library should be removed because the material may constitute
3or contain obscene material or sexually explicit material in
4the same manner as a school district.
5 NEW PARAGRAPH. o. Be subject to and comply with the
6requirements of section 279.83 relating to the addition of
7materials to a school library in the same manner as a school
8district.
9 Sec. 10. Section 279.50, subsections 1 and 2, Code 2023, are
10amended to read as follows:
111. Each Subject to section 279.77, each school board shall
12provide instruction in kindergarten which gives attention
13to experiences relating to life skills and human growth and
14development as required in section 256.11. School districts
15shall use research provided in section 256.9, subsection 46,
16paragraph “b”, to evaluate and upgrade their instructional
17materials and teaching strategies for human growth and
18development.
192. Each school board shall provide age-appropriate and
20research-based instruction in human growth and development
21including instruction regarding human sexuality, self-esteem,
22stress management, interpersonal relationships, domestic
23abuse, HPV and the availability of a vaccine to prevent HPV,
24and acquired immune deficiency syndrome and the prevention and
25control of disease, including sexually transmitted diseases as
26required in section 256.11, in grades one seven through twelve.
27 Sec. 11. Section 279.50, Code 2023, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 1A. Subject to section 279.77, each
30school board shall provide age-appropriate and research-based
31instruction in human growth and development including
32instruction regarding self-esteem, stress management,
33interpersonal relationships, and domestic abuse in grades one
34through six.
35 Sec. 12. Section 279.50, subsection 9, paragraphs b and c,
-6-1Code 2023, are amended by striking the paragraphs.
2 Sec. 13. Section 279.76, Code 2023, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 1A. a. Each school district is prohibited
5from administering or conducting a formal examination or survey
6of a student that is designed to assess the student’s mental,
7emotional, or physical health that is not required by state or
8federal law without first acquiring the written consent of the
9student’s parent or guardian.
10b. Each school district shall give written notice to a
11student’s parent or guardian of an examination or survey of
12the student required by state or federal law that is designed
13to assess the student’s mental, emotional, or physical health
14not less than seven days prior to the examination or survey.
15The notice shall include a copy of the examination or survey
16or a link to an internet site where the parent or guardian may
17access the examination or survey.
18c. This subsection shall not apply to a hearing or vision
19examination.
20 Sec. 14. NEW SECTION. 279.77 Gender identity and sexual
21activity — prohibited instruction.
221. As used in this section:
23a. “Gender identity” means the same as defined in section
24216.2.
25b. “Sexual activity” means the same as defined in section
26702.17.
272. A school district shall not provide any program,
28curriculum, material, test, survey, questionnaire, activity,
29announcement, promotion, or instruction of any kind relating to
30gender identity or sexual activity to students in kindergarten
31through grade five or to students in grade six when grade six
32is taught in an elementary school.
33 Sec. 15. NEW SECTION. 279.78 Transparency — publication
34of school district information.
351. Each school district shall publish all of the following
-7-1information related to the current school year on the school
2district’s internet site:
3a. A list of all materials that will be used to teach
4students in each class in the school district, sortable by
5subject area, grade level, and teacher. The requirement to
6publish a list of materials does not apply to the extent a
7teacher is discussing or providing instruction related to
8current events.
9b. A comprehensive list of all persons in direct contact
10with students enrolled in the school district who contract with
11or otherwise receive moneys from the board of directors of the
12school district.
13c. A comprehensive list of all books available to students
14in the classroom and in libraries operated by the school
15district.
16d. A detailed explanation of the procedures or policies
17in effect for the parent or guardian of a student enrolled in
18the school district to request the removal of a book, article,
19outline, handout, video, or other educational material that is
20available to students in the classroom or in a library operated
21by the school district.
22e. A detailed explanation of the procedures or policies in
23effect to request the review of decisions made by the board
24of directors of the school district, including the petition
25process established pursuant to section 279.8B.
262. Each school district shall update the information
27required to be published pursuant to subsection 1 at least
28two times each semester or at the start of each trimester, as
29applicable.
303. This section shall not be construed to require a school
31district to do any of the following:
32a. Reproduce educational materials that were not created by
33a person employed by the board of directors.
34b. Distribute any educational materials in a manner that
35would infringe on the intellectual property rights of any
-8-1person.
2 Sec. 16. NEW SECTION. 279.79 Notifications to department of
3education regarding the removal of books from school library.
41. As used in this section:
5a. “Obscene material” means the same as defined in section
6728.1.
7b. “Sexually explicit material” means the same as defined
8in section 279.80.
92. If the board of directors of a school district removes
10a book from a library operated by the school district, a
11classroom, or any area on school district property because the
12board of directors determined the book constituted or contained
13obscene material or sexually explicit material, then the board
14of directors shall notify the department of education of the
15removal within seven days. The notification shall contain the
16book’s title and author.
17 Sec. 17. NEW SECTION. 279.80 Parental rights in education.
181. As used in this section:
19a. “Gender identity” means the same as defined in section
20216.2.
21b. “Minor child” means an individual under eighteen years
22of age.
23c. “Obscene material” means the same as defined in section
24728.1.
25d. “Sexually explicit material” means any material that
26meets all of the following criteria:
27(1) Taken as a whole with respect to minor children, the
28material appeals to the prurient interest in nudity, sex, or
29excretion.
30(2) The material depicts, describes, or represents, in a
31patently offensive way with respect to what is suitable for
32minor children, a sex act, lewd exhibition of the genitals,
33masturbation, excretory functions, bestiality, or oral, anal,
34or vaginal intercourse, actual or simulated, involving humans.
35For purposes of this subparagraph, “lewd exhibition of the
-9-1genitals” includes any material depicting genitalia in which
2the place or pose of the person in the depiction is sexually
3suggestive, any visual depiction that suggests sexual coyness
4or a willingness to engage in sexual activity, or any visual
5depiction that is intended or designed to elicit a sexual
6response from the viewer.
7(3) Taken as a whole, the material lacks serious literary,
8artistic, political, or scientific value as to the youngest
9minor child with reasonable access to the material. For
10purposes of this subparagraph, material lacks serious literary,
11artistic, political, or scientific value as to minor children
12if the material contains material described in subparagraphs
13(1) and (2) when substantially similar material is readily
14available to minor children that does not contain material
15described in subparagraphs (1) and (2) but that conveys a
16substantially similar message or viewpoint.
17e. “Visual depiction” includes any picture, slide,
18photograph, digital or electronic image, negative image,
19undeveloped film, motion picture, videotape, digital or
20electronic recording, live transmission, or any other pictorial
21or three-dimensional representation.
222. a. Each school district shall immediately notify the
23parent or guardian of a minor child enrolled in the school
24district if any employee of the school district reasonably
25believes that the minor child has expressed a gender identity
26that is different than the biological sex listed on the minor
27child’s official birth certificate or certificate issued upon
28adoption if the certificate was issued at or near the time of
29the minor child’s birth.
30b. Notwithstanding paragraph “a”, if a school district
31determines based on actual threats to the health, safety, or
32welfare of a minor child enrolled in the school district that
33notifying the parent or guardian of the minor child pursuant
34to paragraph “a” may result in serious harm to the minor child,
35the school district shall not notify the parent or guardian and
-10-1shall instead immediately report the school district’s safety
2concerns to the department of health and human services so that
3the department may determine whether the minor child is a child
4in need of assistance under chapter 232.
53. The parent or guardian of a minor child enrolled in
6a school district may access and review all school records
7related to the minor child, including teacher evaluations of
8the minor child and associated notes, evaluation information,
9and documents created by the minor child, unless chapter
10232, subchapter III, part 2, prohibits the record from being
11disclosed.
124. A school district must receive the prior written consent
13of a minor child’s parent or guardian before allowing a minor
14child enrolled in the school district to check out or access
15any book that is on the list maintained by the department of
16education pursuant to section 256.9, subsection 66.
175. A school district must receive the prior written consent
18of the parent or guardian of a minor child enrolled in the
19school district before allowing any employee of the school
20district to address the minor child using a name or a pronoun
21that does not correspond to the biological sex that is listed
22on the minor child’s official birth certificate or certificate
23issued upon adoption if the certificate was issued at or near
24the time of the minor child’s birth.
256. A school district shall not require any minor child
26enrolled in the school district to engage in any activity or
27instruction provided by a guest lecturer or outside presenter,
28or any activity or instruction that involves obscene material
29or sexually explicit material, without providing the parent
30or guardian of a minor child enrolled in the school district
31with notice at least seven days prior to the activity or
32instruction. A school district shall not allow a minor
33child enrolled in the school district to engage in the
34activity or instruction unless the minor child’s parent or
35guardian provides notice to the school district requesting
-11-1that the minor child be allowed to engage in the activity
2or instruction. The notice shall describe how to request
3that a minor child be allowed to engage in the activity or
4instruction.
57. If, after investigation, the department of education
6determines that a school district or an employee of a school
7district has violated this section, the school district or
8employee of the school district, as applicable, shall be
9subject to the following:
10a. For the first violation of this section, the department
11of education shall issue a written warning to the board
12of directors of the school district or the employee, as
13applicable.
14b. (1) For a second or subsequent violation of this
15section, if the department of education finds that a school
16district knowingly violated this section, the superintendent of
17the school district shall be subject to a hearing conducted by
18the board of educational examiners pursuant to section 272.2,
19subsection 14, which may result in disciplinary action.
20(2) For a second or subsequent violation of this section,
21if the department of education finds that an employee of
22the school district who holds a license, certificate,
23authorization, or statement of recognition issued by the board
24of educational examiners under chapter 272 knowingly violated
25this section, the employee shall be subject to a hearing
26conducted by the board of educational examiners pursuant to
27section 272.2, subsection 14, which may result in disciplinary
28action.
298. The state board of education shall adopt rules pursuant
30to chapter 17A to administer this section.
31 Sec. 18. NEW SECTION. 279.81 Protection of student rights.
321. The board of directors of a school district must
33receive the prior written consent of a student’s parent or
34guardian before requiring a student to take part in any survey,
35analysis, activity, or evaluation that reveals information
-12-1concerning any of the following about the student or the
2student’s family, whether the information is personally
3identifiable or not:
4a. The political affiliations or beliefs of the student or
5the student’s parent or guardian.
6b. Mental or psychological problems of the student or the
7student’s family.
8c. Sexual behavior, orientation, or attitudes.
9d. Illegal, antisocial, self-incriminating, or demeaning
10behavior.
11e. Critical appraisals of other individuals with whom the
12student has close familial relationships.
13f. Legally recognized privileged or analogous relationships,
14such as those of attorneys, physicians, or ministers.
15g. Religious practices, affiliations, or beliefs of the
16student or the student’s parent or guardian.
17h. Income, except when required by law to determine
18eligibility for participation in a program or for receiving
19financial assistance under such a program.
202. An employee of a school district, or a contractor engaged
21by a school district, shall not answer any question pertaining
22to any particular student enrolled in the school district
23in any survey related to the social or emotional abilities,
24competencies, or characteristics of the student, unless the
25board of directors of the school district satisfies all of the
26following requirements:
27a. The board of directors of the school district provides to
28the parent or guardian of each student enrolled in the school
29district detailed information related to the survey, including
30the person who created the survey, the person who sponsors the
31survey, how information generated by the survey is used, and
32how information generated by the survey is stored.
33b. The board of directors of the school district receives
34the written consent from a student’s parent or guardian
35authorizing the employee or contractor to answer questions in
-13-1the survey pertaining to the student.
2 Sec. 19. NEW SECTION. 279.82 Library materials review
3committee.
41. For purposes of this section:
5a. “Obscene material” means the same as defined in section
6728.1.
7b. “Sexually explicit material” means the same as defined
8in section 279.80.
92. The board of directors of a school district shall not
10allow a minor student serving on any committee that determines,
11or provides recommendations related to, whether a material in a
12library operated by the school district should be removed to
13view the material being considered for removal if the material
14is being considered for removal because it may constitute
15obscene material or sexually explicit material.
16 Sec. 20. NEW SECTION. 279.83 Addition of materials to
17school library.
181. As used in this section:
19a. “Obscene material” means the same as defined in section
20728.1.
21b. “Sexually explicit material” means the same as defined
22in section 279.80.
232. A school district shall not add new material to a library
24operated by the school district unless the board of directors
25of the school district has formally approved the material and
26determined that the material does not constitute or contain
27obscene material or sexually explicit material.
28 Sec. 21. Section 299A.9, subsection 1, Code 2023, is amended
29to read as follows:
301. A child of compulsory attendance age who is identified
31as requiring special education under chapter 256B is eligible
32for placement under competent private instruction with prior
33approval of the placement by the director of special education
34of the area education agency of the child’s district of
35residence.
-14-1 Sec. 22. Section 299A.9, Code 2023, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 3. The parent, guardian, or legal custodian
4of a child who is identified as requiring special education
5may request dual enrollment pursuant to section 299A.8. The
6appropriate special education services for the child shall be
7determined pursuant to chapter 256B and rules adopted pursuant
8to chapter 256B.
9 Sec. 23. NEW SECTION. 601.1 Parents and guardians —
10rights.
111. For purposes of this section:
12a. “Emergent care situation” means a sudden or unforeseen
13occurrence or onset of a medical or behavioral condition that
14could result in serious injury or harm to a minor child in the
15event immediate medical attention is not provided.
16b. “Medical care” means any care, treatment, service, or
17procedure to prevent, diagnose, alleviate, treat, or cure a
18minor child’s physical or mental condition.
19c. “Minor child” means an unmarried and unemancipated person
20under the age of eighteen years.
212. A parent or guardian bears the ultimate responsibility,
22and has the constitutionally protected right, to make decisions
23affecting the parent’s or guardian’s minor child, including
24decisions related to the minor child’s medical care, moral
25upbringing, religious upbringing, residence, education, and
26extracurricular activities.
273. This section shall not be construed to prohibit a minor
28child from receiving medical attention in an emergent care
29situation.
304. This section shall not be construed to prohibit a person
31from cooperating in a child abuse assessment commenced in
32accordance with section 232.71B.
335. The rights guaranteed to parents and guardians by this
34section are not a comprehensive list of the rights reserved
35to parents or guardians of a minor child. The enumeration of
-15-1the rights contained in this section shall not be construed to
2limit the rights reserved to parents or guardians of a minor
3child.
4 Sec. 24. IMPLEMENTATION OF ACT. Section 25B.2, subsection
53, shall not apply to this Act.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to children and students, including
10establishing a parent’s or guardian’s right to make decisions
11affecting the parent’s or guardian’s child and modifying
12provisions related to student health screenings and the
13curriculum in school districts, accredited nonpublic schools,
14and charter schools, other duties of the state board of
15education and school districts, competent private instruction,
16and special education.
17The bill requires the state board of education to adopt
18rules that require school districts and charter schools to
19periodically review the materials available in school libraries
20to determine if the materials constitute or contain obscene
21material or sexually explicit material.
22The bill prohibits instruction related to gender identity
23and sexual activity in school districts, accredited nonpublic
24schools, charter schools, and innovation zone schools in
25kindergarten through grade five and to students in grade six
26when grade six is taught in an elementary school. The bill
27makes conforming changes to Code sections 256.11 (educational
28standards) and 279.50 (human growth and development
29instruction) and provides that human growth and development
30instruction provided to students in kindergarten through grade
31five, and grade six when sixth grade is taught in an elementary
32school, shall not include any program, curriculum, material,
33test, survey, questionnaire, activity, announcement, promotion,
34or instruction of any kind relating to gender identity or
35sexual activity.
-16- 1The bill strikes the requirement that the health curriculum
2provided in school districts, accredited nonpublic schools,
3and charter schools in grades 1 through 12 include instruction
4related to the characteristics of acquired immune deficiency
5syndrome and makes conforming changes to Code section 279.50
6(human growth and development instruction). The bill also
7strikes the requirement that the health curriculum provided in
8school districts, accredited nonpublic schools, and charter
9schools in grades 7 through 12 include instruction related to
10human papilloma virus (HPV) and the availability of a vaccine
11to prevent HPV and makes conforming changes to Code section
12279.50. The bill makes conforming changes.
13The bill requires the human growth and development
14instruction provided in the kindergarten program to be both
15age-appropriate and research-based.
16Under current law, the educational program established
17pursuant to Code section 256.11 is required to include, in
18grades 9 through 12, five units of social studies, one-half
19unit of which is to consist of instruction in United States
20government. The bill provides that this one-half unit of
21United States government shall include an assessment of the
22student’s knowledge of United States government and civics.
23The bill provides that the most recent version of the civics
24test developed by the United States citizenship and immigration
25services shall be used as the assessment. The bill requires
26each school district and accredited nonpublic school to submit
27the results of the civics test to the department of education
28by June 30 of each year. The bill authorizes a school district
29or accredited nonpublic school to modify the civics test for
30a student who has an individualized education program. The
31bill provides that a student must answer at least 70 percent
32of the questions correctly on the civics test as a condition
33of graduation. The bill authorizes a student who fails to
34answer at least 70 percent of the questions on the civics test
35correctly to retake the civics test.
-17- 1The bill prohibits school districts, charter schools, and
2innovation zone schools from administering or conducting a
3formal examination or survey of a student that is designed to
4assess the student’s mental, emotional, or physical health
5that is not required by state or federal law, without first
6acquiring the written consent of the student’s parent or
7guardian. This provision applies only to a minor child in the
8direct care of a parent or guardian, and does not apply to
9an emancipated minor or a minor who is not residing with the
10parent or guardian. The bill provides that this provision does
11not apply to a hearing or vision examination.
12The bill requires school districts, charter schools, and
13innovation zone schools to give written notice to a student’s
14parent or guardian of an examination or survey of the student
15required by state or federal law that is designed to assess
16the student’s mental, emotional, or physical health not less
17than seven days prior to the examination or survey. The bill
18requires the notice to contain a copy of the examination
19or survey. This provision applies only to the parents or
20guardians of a minor child who is in the direct care of
21the parent or guardian, and does not apply to the parents
22or guardians of an emancipated minor or a minor who is not
23residing with the parent or guardian. The bill provides
24that this provision does not apply to a hearing or vision
25examination.
26The bill requires each school district to publish all of the
27following information related to the current school year on
28the school district’s internet site: a list of all materials
29that will be used to teach students in each class in the school
30district; a list of all persons in direct contact with students
31enrolled in the school district who contract with or otherwise
32receive moneys from the board of directors of the school
33district; a list of all books available to students in the
34classroom and in libraries operated by the school district; a
35detailed explanation of the procedures in effect for the parent
-18-1or guardian of a student enrolled in the school district to
2request the removal of educational material that is available
3to students in the classroom or in a library operated by the
4school district; and a detailed explanation of the procedures
5in effect to request the review of decisions made by the board
6of directors of the school district. The bill also requires
7each school district to update this information at least two
8times each semester or at the start of each trimester, as
9applicable.
10The bill requires each school district to notify the
11department of education that the board of directors of the
12school district has removed a book from a library operated
13by the school district, a classroom, or any area on school
14district property within seven days after removal if the book
15was removed because the board determined the book constituted
16or contained obscene material or sexually explicit material.
17The bill also requires the department to make available on
18the department’s internet site, and update at least monthly,
19a comprehensive list (removal list) of all of these notices,
20sortable by the book’s title and author and the school
21districts that have removed the book from libraries operated
22by the school district, classrooms, or any areas on school
23property.
24The bill enacts new Code section 279.80, which requires a
25school district to immediately notify the parent or guardian
26of a minor child enrolled in the school district if any
27employee of the school district reasonably believes the
28minor child has expressed a gender identity that is different
29than the biological sex listed on the minor child’s official
30birth certificate or certificate issued upon adoption if the
31certificate was issued at or near the time of the minor child’s
32birth. The bill provides that, notwithstanding this provision,
33if a school district determines based on actual threats to
34safety of the minor child that notifying the parent or guardian
35may result in serious harm to the minor child, the school
-19-1district shall not notify the parent or guardian and shall
2immediately report the school district’s safety concerns to the
3department of health and human services so that the department
4may determine whether the minor child is a child in need of
5assistance under Code chapter 232 (juvenile justice).
6New Code section 279.80 authorizes the parent or guardian
7of a minor child enrolled in a school district to access
8and review all school records related to the minor child
9unless Code chapter 232, subchapter III, part 2 (child abuse
10reporting, assessment, and rehabilitation), prohibits the
11record from being disclosed.
12New Code section 279.80 provides that a school district must
13receive the prior written consent of a minor child’s parent or
14guardian before allowing a minor child enrolled in the school
15district to check out or access any book that is on the removal
16list.
17New Code section 279.80 provides that a school district must
18receive the prior written consent of the parent or guardian of
19a minor child enrolled in the school district before allowing
20any employee of the school district to address the minor child
21using a name or a pronoun that does not correspond to the
22biological sex that is 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.
26New Code section 279.80 prohibits a school district from
27requiring any minor child enrolled in the school district to
28engage in any activity or instruction provided by a guest
29lecturer or outside presenter, or any activity or instruction
30that involves obscene material or sexually explicit material,
31without providing the minor child’s parent or guardian
32with notice at least seven days prior to the activity or
33instruction. New Code section 279.80 also prohibits a
34school district from allowing a minor child to engage in the
35activity or instruction unless the minor child’s parent or
-20-1guardian provides notice to the school district requesting
2that the minor child be allowed to engage in the activity or
3instruction.
4The bill establishes enforcement mechanisms applicable
5to school districts and school district employees in the
6event of a violation of new Code section 279.80, including
7written warnings and hearings before the board of educational
8examiners.
9The bill requires the state board of education to adopt rules
10to administer new Code section 279.80.
11The bill requires school districts, charter schools, and
12innovation zone schools to receive the prior written consent
13of a student’s parent or guardian before requiring a student
14to take part in any survey, analysis, activity, or evaluation
15that reveals information related to political affiliations
16of the student or student’s parent or guardian; mental or
17psychological problems of the student or the student’s
18family; sexual behavior, orientation, or attitudes; illegal,
19antisocial, self-incriminating, or demeaning behavior; critical
20appraisals of individuals with whom the student has close
21familial relationships; legally recognized privileged or
22analogous relationships; religious practices, affiliations,
23or beliefs of the student or student’s parent or guardian; or
24income, except as required by law to determine eligibility
25for a program. The requirement applies whether or not the
26information is personally identifiable.
27The bill prohibits an employee or contractor of a school
28district, charter school, or innovation zone school, from
29answering any question pertaining to any particular student
30enrolled in the school district, charter school, or innovation
31zone school in any survey related to the social or emotional
32abilities, competencies, or characteristics of the student,
33unless the school district, charter school, or innovation zone
34school provides to the parent or guardian of each student
35detailed information related to the survey and receives the
-21-1written consent from a student’s parent or guardian authorizing
2the employee or contractor to answer questions in the survey
3pertaining to the student.
4The bill prohibits school districts, charter schools, and
5innovation zone schools from allowing a minor to serve on any
6committee that determines, or provides recommendations related
7to, whether a material in a library operated by the school
8should be removed to view the material being considered for
9removal if the material is being considered for removal because
10it may constitute or contain obscene material or sexually
11explicit material.
12The bill prohibits school districts, charter schools,
13and innovation zone schools from adding new material to a
14library operated by the school unless the board of directors
15or governing board has formally approved the material and
16determined that the material does not constitute or contain
17obscene material or sexually explicit material.
18The bill provides that a child of compulsory attendance age
19who is identified as requiring special education is eligible
20for placement under competent private instruction without prior
21approval of the placement by the director of special education
22of an area education agency. The bill also provides that a
23child who is identified as requiring special education may
24request dual enrollment and the appropriate special education
25services for the child shall be determined pursuant to Code
26chapter 256B (special education).
27The bill enacts new Code section 601.1, which provides that
28a parent or guardian bears the ultimate responsibility to make
29decisions affecting the parent’s or guardian’s minor child,
30including decisions related to the minor child’s medical care,
31moral upbringing, religious upbringing, residence, education,
32and extracurricular activities.
33The bill provides that new Code section 601.1 shall not be
34construed to prohibit a minor child from receiving medical
35attention in an emergent care situation or to prohibit a person
-22-1from cooperating in a child abuse assessment.
2The bill may include a state mandate as defined in Code
3section 25B.3. The bill makes inapplicable Code section 25B.2,
4subsection 3, which would relieve a political subdivision from
5complying with a state mandate if funding for the cost of
6the state mandate is not provided or specified. Therefore,
7political subdivisions are required to comply with any state
8mandate included in the bill.
-23-jda/jh