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Senate File 496 - ReprintedA 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,
4prohibiting instruction related to gender identity and
5sexual orientation in school districts, charter schools,
6and innovation zone schools in kindergarten through
7grade six, and modifying provisions related to student
8health screenings, school district library programs,
9the educational program provided to students enrolled in
10school districts, accredited nonpublic schools, and charter
11schools, other duties of school districts and the governing
12boards of charter schools and innovation zone schools,
13competent private instruction, and special education.
14BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.11, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3The state board shall adopt rules under chapter 17A and
4a procedure for accrediting all public and nonpublic schools
5in Iowa offering instruction at any or all levels from the
6prekindergarten level through grade twelve. The rules of
7the state board shall require that a an age-appropriate,
8 multicultural, and gender-fair approach is used by schools and
9school districts. The educational program shall be taught from
10a an age-appropriate, multicultural, and gender-fair approach.
11Global perspectives shall be incorporated into all levels of
12the educational program. The rules adopted by the state board
13pursuant to section 256.17, Code Supplement 1987, to establish
14new standards shall satisfy the requirements of this section to
15adopt rules to implement the educational program contained in
16this section. The educational program shall be as follows:
17 Sec. 2. Section 256.11, subsections 2, 3, 4, and 9, Code
182023, are amended to read as follows:
192. The kindergarten program shall include experiences
20designed to develop healthy emotional and social habits and
21growth in the language arts and communication skills, as well
22as a capacity for the completion of individual tasks, and
23protect and increase physical well-being with attention given
24to experiences relating to the development of life skills and,
25subject to section 279.80, age-appropriate and research-based
26 human growth and development. A kindergarten teacher shall be
27licensed to teach in kindergarten. An accredited nonpublic
28school must meet the requirements of this subsection only if
29the nonpublic school offers a kindergarten program; provided,
30however, that section 279.80 shall not apply to a nonpublic
31school.
323. The following areas shall be taught in grades one through
33six: English-language arts, social studies, mathematics,
34science, health, age-appropriate and research-based
35human growth and development, physical education, traffic
-1-1safety, music, and visual art, and, subject to section
2279.80, age-appropriate and research-based human growth and
3development. Computer science instruction incorporating
4the standards established under section 256.7, subsection
526, paragraph “a”, subparagraph (4), shall be offered in
6at least one grade level commencing with the school year
7beginning July 1, 2023. The health curriculum shall include
8the characteristics of communicable diseases including acquired
9immune deficiency syndrome. The state board as part of
10accreditation standards shall adopt curriculum definitions for
11implementing the elementary program.
124. The following shall be taught in grades seven and
13eight: English-language arts; social studies; mathematics;
14science; health; age-appropriate and research-based human
15growth and development; career exploration and development;
16physical education; music; and visual art. Computer science
17instruction incorporating the standards established under
18section 256.7, subsection 26, paragraph “a”, subparagraph (4),
19shall be offered in at least one grade level commencing with
20the school year beginning July 1, 2023. Career exploration
21and development shall be designed so that students are
22appropriately prepared to create an individual career
23and academic plan pursuant to section 279.61, incorporate
24foundational career and technical education concepts aligned
25with the six career and technical education service areas
26as defined in subsection 5, paragraph “h”, and incorporate
27relevant twenty-first century skills. The health curriculum
28shall include age-appropriate and research-based information
29regarding the characteristics of sexually transmitted diseases,
30including HPV and the availability of a vaccine to prevent
31HPV, and acquired immune deficiency syndrome. The state board
32as part of accreditation standards shall adopt curriculum
33definitions for implementing the program in grades seven
34and eight. However, this subsection shall not apply to the
35teaching of career exploration and development in nonpublic
-2-1schools. For purposes of this section,“age-appropriate”,
2“HPV”, and “research-based” mean the same as defined in section
3279.50.
49. a. (1) Beginning July 1, 2006, each school district shall
5have a qualified teacher librarian who shall be licensed by
6the board of educational examiners under chapter 272 chapter
7256. Each school district shall establish a kindergarten
8through grade twelve library program that is consistent with
9the educational standards established in this section, contains
10only age-appropriate materials, and supports the student
11achievement goals of the total school curriculum.
12(2) If, after investigation, the department of education
13determines that a school district or an employee of a school
14district has violated the provisions of subparagraph (1)
15related to library programs containing only age-appropriate
16materials, beginning January 1, 2024, the school district
17or employee of the school district, as applicable, shall be
18subject to the following:
19(a) For the first violation of subparagraph (1), the
20department of education shall issue a written warning to the
21board of directors of the school district or the employee, as
22applicable.
23(b) (i) For a second or subsequent violation of
24subparagraph (1), if the department of education finds that
25a school district knowingly violated subparagraph (1), the
26superintendent of the school district shall be subject to
27a hearing conducted by the board of educational examiners
28pursuant to section 272,2, subsection 14, which may result in
29disciplinary action.
30(ii) For a second or subsequent violation of subparagraph
31(1), if the department of education finds that an employee
32of the school district who holds a license, certificate,
33authorization, or statement of recognition issued by the board
34of educational examiners knowingly violated subparagraph (1),
35the employee shall be subject to a hearing conducted by the
-3-1board of educational examiners pursuant to section 272.2,
2subsection 14, which may result in disciplinary action.
3b. The state board shall establish in rule a definition
4of and standards for an articulated sequential kindergarten
5through grade twelve media program.
6c. A school district that entered into a contract with an
7individual for employment as a media specialist or librarian
8prior to June 1, 2006, shall be considered to be in compliance
9with this subsection until June 30, 2011, if the individual
10is making annual progress toward meeting the requirements
11for a teacher librarian endorsement issued by the board of
12educational examiners under chapter 272 chapter 256. A school
13district that entered into a contract with an individual for
14employment as a media specialist or librarian who holds at
15least a master’s degree in library and information studies
16shall be considered to be in compliance with this subsection
17until the individual leaves the employ of the school district.
18 Sec. 3. Section 256.11, subsection 5, paragraph b, Code
192023, is amended to read as follows:
20b. (1) Five units of the social studies including
21instruction in voting statutes and procedures, voter
22registration requirements, the use of paper ballots and voting
23systems in the election process, and the method of acquiring
24and casting an absentee ballot. All students shall complete a
25minimum of one-half unit of United States government and one
26unit of United States history.
27(2) The one-half unit of United States government shall
28include the all of the following:
29(a) Thevoting procedure as described in this lettered
30paragraph and section 280.9A. The government instruction shall
31also include a
32(b) Astudy of the Constitution of the United States and the
33Bill of Rights contained in the Constitution and an assessment
34of a student’s knowledge of the Constitution and the Bill of
35Rights.
-4- 1(c) (i) An assessment of the student’s knowledge of
2United States government and civics that includes the nature,
3purpose, structure, function, and history of the United States
4government, the rights and responsibilities of citizens of
5the United States, and important United States government and
6civic leaders. The most recent version of the civics test
7developed by the United States citizenship and immigration
8services shall be used as the assessment required by this
9subparagraph division. On or before June 30 of each year, each
10school district and accredited nonpublic school shall submit
11the results of the assessment required by this subparagraph
12division to the department.
13(ii) The school district or accredited nonpublic school
14may modify the civics test developed by the United States
15citizenship and immigration services for a student who has an
16individualized education program.
17(iii) A student shall answer at least seventy percent of
18the questions on the civics test developed by the United States
19citizenship and immigration services correctly as a condition
20of graduation. A student who fails to answer at least seventy
21percent of the questions on the civics test correctly may
22retake the civics test as many times as necessary.
23 Sec. 4. Section 256.11, subsection 5, paragraph j,
24subparagraph (1), Code 2023, is amended to read as follows:
25(1) One unit of health education which shall include
26personal health; food and nutrition; environmental health;
27safety and survival skills; consumer health; family life;
28age-appropriate and research-based human growth and
29development; substance abuse and nonuse; emotional and
30social health; health resources; and prevention and control
31of disease, including age-appropriate and research-based
32information regarding sexually transmitted diseases, including
33HPV and the availability of a vaccine to prevent HPV, and
34acquired immune deficiency syndrome.
35 Sec. 5. Section 256.11, Code 2023, is amended by adding the
-5-1following new subsection:
2 NEW SUBSECTION. 19. For purposes of this section:
3a. (1) “Age-appropriate” means topics, messages, and
4teaching methods suitable to particular ages or age groups
5of children and adolescents, based on developing cognitive,
6emotional, and behavioral capacity typical for the age or age
7group. “Age-appropriate” does not include any material with
8descriptions or visual depictions of a sex act as defined in
9section 702.17.
10(2) Notwithstanding subparagraph (1), for purposes of the
11human growth and development curriculum, “age-appropriate” means
12the same as defined in section 279.50.
13b. “Research-based” means the same as defined in section
14279.50.
15 Sec. 6. Section 256E.7, subsection 2, paragraph i, Code
162023, is amended to read as follows:
17i. Be subject to and comply with section 279.76 relating
18to physical examinations, and health screenings, and formal
19examinations or surveys designed to assess a student’s mental,
20emotional, or physical health in the same manner as a school
21district.
22 Sec. 7. Section 256E.7, subsection 2, Code 2023, is amended
23by adding the following new paragraphs:
24 NEW PARAGRAPH. 0j. Be subject to and comply with the
25requirements of section 279.78 relating to notifications
26required to be provided to the parents and guardians of minor
27children and the rights of parents and guardians of minor
28children in the same manner as a school district.
29 NEW PARAGRAPH. 00j. Be subject to and comply with the
30requirements of section 279.79 relating to student, employee,
31and contractor participation in surveys, analyses, activities,
32or evaluations in the same manner as a school district.
33 NEW PARAGRAPH. 000j. Be subject to and comply with the
34requirements of section 279.80 relating to sexual orientation
35and gender identity instruction in kindergarten through grade
-6-1six in the same manner as a school district.
2 Sec. 8. Section 256F.4, subsection 2, paragraph k, Code
32023, is amended to read as follows:
4k. Be subject to and comply with section 279.76 relating
5to physical examinations, and health screenings, and formal
6examinations or surveys designed to assess a student’s mental,
7emotional, or physical health in the same manner as a school
8district.
9 Sec. 9. Section 256F.4, subsection 2, Code 2023, is amended
10by adding the following new paragraphs:
11 NEW PARAGRAPH. l. Be subject to and comply with the
12requirements of section 279.78 relating to notifications
13required to be provided to the parents and guardians of minor
14children and the rights of parents and guardians of minor
15children in the same manner as a school district.
16 NEW PARAGRAPH. m. Be subject to and comply with the
17requirements of section 279.79 relating to student, employee,
18and contractor participation in surveys, analyses, activities,
19or evaluations in the same manner as a school district.
20 NEW PARAGRAPH. n. Be subject to and comply with the
21requirements of section 279.80 relating to sexual orientation
22and gender identity instruction in kindergarten through grade
23six in the same manner as a school district.
24 Sec. 10. Section 279.50, subsections 1 and 2, Code 2023, are
25amended to read as follows:
261. Each Subject to section 279.80, each school board shall
27provide instruction in kindergarten which gives attention
28to experiences relating to life skills and human growth and
29development as required in section 256.11. School districts
30shall use research provided in section 256.9, subsection 46,
31paragraph “b”, to evaluate and upgrade their instructional
32materials and teaching strategies for human growth and
33development.
342. Each school board shall provide age-appropriate and
35research-based instruction in human growth and development
-7-1including instruction regarding human sexuality, self-esteem,
2stress management, interpersonal relationships, domestic
3abuse, HPV and the availability of a vaccine to prevent HPV,
4and acquired immune deficiency syndrome and the prevention and
5control of disease, including sexually transmitted diseases as
6required in section 256.11, in grades one seven through twelve.
7 Sec. 11. Section 279.50, Code 2023, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 1A. Subject to section 279.80, each
10school board shall provide age-appropriate and research-based
11instruction in human growth and development including
12instruction regarding self-esteem, stress management,
13interpersonal relationships, and domestic abuse in grades one
14through six.
15 Sec. 12. Section 279.50, subsection 9, paragraphs b and c,
16Code 2023, are amended by striking the paragraphs.
17 Sec. 13. Section 279.76, subsection 1, Code 2023, is amended
18to read as follows:
191. a. Each school district is prohibited from administering
20or conducting an invasive physical examination of a student,
21or a student health screening that is not required by state or
22federal law, or a formal examination or survey of a student
23that is designed to assess the student’s mental, emotional, or
24physical health that is not required by state or federal law,
25 without first acquiring the written consent of the student’s
26parent or guardian. This section applies only to a minor child
27in the direct care of a parent or guardian, and does not apply
28to an emancipated minor or a minor who is not residing with the
29parent or guardian.
30b. Each school district shall give written notice to a
31student’s parent or guardian of an examination or survey of
32the student required by state or federal law that is designed
33to assess the student’s mental, emotional, or physical health
34not less than seven days prior to the examination or survey.
35The notice shall include a copy of the examination or survey
-8-1or a link to an internet site where the parent or guardian may
2access the examination or survey.
3c. This subsection shall not apply to a hearing or vision
4examination.
5 Sec. 14. NEW SECTION. 279.77 Transparency — publication
6of school district information.
71. Each school district shall publish all of the following
8information related to the current school year on the school
9district’s internet site:
10a. A comprehensive list of all persons in direct contact
11with students enrolled in the school district and all persons
12who contract with or otherwise receive moneys from the board of
13directors of the school district for purposes of facilitating
14student activities or providing instruction to students.
15b. A detailed explanation of the procedures or policies
16in effect for the parent or guardian of a student enrolled in
17the school district to request the removal of a book, article,
18outline, handout, video, or other educational material that is
19available to students in the classroom or in a library operated
20by the school district. Each school district shall prominently
21display the detailed explanation on the school district’s
22internet site.
23c. A detailed explanation of the procedures or policies in
24effect to request the review of decisions made by the board
25of directors of the school district, including the petition
26process established pursuant to section 279.8B.
272. The board of directors of each school district shall
28adopt a policy describing the procedures for the parent or
29guardian of a student enrolled in the school district to review
30the instructional materials used in the student’s classroom.
31The policy shall include a process for the student’s parent
32or guardian to request that the student not be provided
33with certain instructional materials. The policy shall be
34prominently displayed on the school district’s internet site
35and the board of directors of the school district shall, at
-9-1least annually, provide a written or electronic copy of the
2policy to the parent or guardian of each student enrolled
3in the school district. For purposes of this section,
4“instructional materials” means either printed or electronic
5textbooks and related core materials that are written and
6published primarily for use in elementary school and secondary
7school instruction and are required by a state educational
8agency or local educational agency for use by students in the
9student’s classes by the teacher of record. “Instructional
10materials” does not include lesson plans.
113. Each school district shall make available to the parent
12or guardian of each student enrolled in the school district
13a comprehensive list of all books available to students in
14libraries operated by the school district by providing a link
15on the school district’s internet site to the electronic
16catalog of the books available in the libraries operated by the
17school district. However, for school years beginning prior to
18July 1, 2025, if the school district does not use an electronic
19catalog, the school district may request a waiver from this
20requirement from the department of education.
214. This section shall not be construed to require a school
22district to do any of the following:
23a. Reproduce educational materials that were not created by
24a person employed by the board of directors.
25b. Distribute any educational materials in a manner that
26would infringe on the intellectual property rights of any
27person.
28 Sec. 15. NEW SECTION. 279.78 Parental rights in education.
291. As used in this section:
30a. “Gender identity” means the same as defined in section
31216.2.
32b. “Minor child” means an individual under eighteen years
33of age.
342. a. Each school district shall immediately notify the
35parent or guardian of a minor child enrolled in the school
-10-1district if any employee of the school district reasonably
2believes that the minor child has expressed a gender identity
3that is different than the biological sex listed on the minor
4child’s official birth certificate or certificate issued upon
5adoption if the certificate was issued at or near the time of
6the minor child’s birth.
7b. Notwithstanding paragraph “a”, if a school district
8determines based on actual threats to the health, safety, or
9welfare of a minor child enrolled in the school district that
10notifying the parent or guardian of the minor child pursuant
11to paragraph “a” may result in serious harm to the minor child,
12the school district shall not notify the parent or guardian and
13shall instead immediately report the school district’s safety
14concerns to the department of health and human services so that
15the department may determine whether the minor child is a child
16in need of assistance under chapter 232.
173. The parent or guardian of a minor child enrolled in
18a school district may access and review all school records
19related to the minor child, including teacher evaluations of
20the minor child and associated notes, evaluation information,
21and documents created by the minor child, unless the federal
22Family Educational Rights and Privacy Act, 20 U.S.C.§1232g, or
23chapter 232, subchapter III, part 2, prohibits the record from
24being disclosed.
254. A school district must receive the prior written consent
26of the parent or guardian of a minor child enrolled in the
27school district before recognizing the minor child’s request to
28change the minor child’s name or pronoun to a name or pronoun
29that is different from the name or pronoun assigned to the
30minor child in the school district’s registration forms or
31records.
325. If, after investigation, the department of education
33determines that a school district or an employee of a school
34district has violated this section, the school district or
35employee of the school district, as applicable, shall be
-11-1subject to the following:
2a. For the first violation of this section, the department
3of education shall issue a written warning to the board
4of directors of the school district or the employee, as
5applicable.
6b. (1) For a second or subsequent violation of this
7section, if the department of education finds that a school
8district knowingly violated this section, the superintendent of
9the school district shall be subject to a hearing conducted by
10the board of educational examiners pursuant to section 272.2,
11subsection 14, which may result in disciplinary action.
12(2) For a second or subsequent violation of this section,
13if the department of education finds that an employee of
14the school district who holds a license, certificate,
15authorization, or statement of recognition issued by the board
16of educational examiners knowingly violated this section, the
17employee shall be subject to a hearing conducted by the board
18of educational examiners pursuant to section 272.2, subsection
1914, which may result in disciplinary action.
206. The state board of education shall adopt rules pursuant
21to chapter 17A to administer this section.
22 Sec. 16. NEW SECTION. 279.79 Protection of student rights.
231. The board of directors of a school district must
24receive the prior written consent of a student’s parent or
25guardian before requiring a student to take part in any survey,
26analysis, activity, or evaluation that reveals information
27concerning any of the following about the student or the
28student’s family, whether the information is personally
29identifiable or not:
30a. The political affiliations or beliefs of the student or
31the student’s parent or guardian.
32b. Mental or psychological problems of the student or the
33student’s family.
34c. Sexual behavior, orientation, or attitudes.
35d. Illegal, antisocial, self-incriminating, or demeaning
-12-1behavior.
2e. Critical appraisals of other individuals with whom the
3student has close familial relationships.
4f. Legally recognized privileged or analogous relationships,
5such as those of attorneys, physicians, or ministers.
6g. Religious practices, affiliations, or beliefs of the
7student or the student’s parent or guardian.
8h. Income, except when required by law to determine
9eligibility for participation in a program or for receiving
10financial assistance under such a program.
112. An employee of a school district, or a contractor engaged
12by a school district, shall not answer any question pertaining
13to any particular student enrolled in the school district
14in any survey related to the social or emotional abilities,
15competencies, or characteristics of the student, unless the
16board of directors of the school district satisfies all of the
17following requirements:
18a. The board of directors of the school district provides to
19the parent or guardian of each student enrolled in the school
20district detailed information related to the survey, including
21the person who created the survey, the person who sponsors the
22survey, how information generated by the survey is used, and
23how information generated by the survey is stored.
24b. The board of directors of the school district receives
25the written consent from a student’s parent or guardian
26authorizing the employee or contractor to answer questions in
27the survey pertaining to the student.
283. Subsection 2 shall not be construed to prohibit an
29employee of a school district, or a contractor engaged by a
30school district, from answering questions pertaining to any
31particular student enrolled in the school district as part of
32the process of developing or implementing an individualized
33education program for such student.
34 Sec. 17. NEW SECTION. 279.80 Sexual orientation and gender
35identity — prohibited instruction.
-13- 11. As used in this section:
2a. “Gender identity” means the same as defined in section
3216.2.
4b. “Sexual orientation” means the same as defined in section
5216.2.
62. A school district shall not provide any program,
7curriculum, test, survey, questionnaire, promotion, or
8instruction relating to gender identity or sexual orientation
9to students in kindergarten through grade six.
10 Sec. 18. Section 299A.9, subsection 1, Code 2023, is amended
11to read as follows:
121. A child of compulsory attendance age who is identified
13as requiring special education under chapter 256B is eligible
14for placement under competent private instruction with prior
15approval of the placement by the director of special education
16of the area education agency of the child’s district of
17residence.
18 Sec. 19. Section 299A.9, Code 2023, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 3. The parent, guardian, or legal custodian
21of a child who is identified as requiring special education
22may request dual enrollment pursuant to section 299A.8. The
23appropriate special education services for the child shall be
24determined pursuant to chapter 256B and rules adopted pursuant
25to chapter 256B.
26 Sec. 20. NEW SECTION. 601.1 Parents and guardians —
27rights.
281. For purposes of this section:
29a. “Emergent care situation” means a sudden or unforeseen
30occurrence or onset of a medical or behavioral condition that
31could result in serious injury or harm to a minor child in the
32event immediate medical attention is not provided.
33b. “Medical care” means any care, treatment, service, or
34procedure to prevent, diagnose, alleviate, treat, or cure a
35minor child’s physical or mental condition.
-14- 1c. “Minor child” means an unmarried and unemancipated person
2under the age of eighteen years.
32. Subject to section 147.164, if enacted by 2023 Iowa
4Acts, Senate File 538, a parent or guardian bears the ultimate
5responsibility, and has the fundamental, constitutionally
6protected right, to make decisions affecting the parent’s
7or guardian’s minor child, including decisions related to
8the minor child’s medical care, moral upbringing, religious
9upbringing, residence, education, and extracurricular
10activities. Any and all restrictions of this right shall be
11subject to strict scrutiny.
123. This section shall not be construed to prohibit any of
13the following:
14a. A minor child from receiving medical attention in an
15emergent care situation.
16b. A person from cooperating in a child abuse assessment
17commenced in accordance with section 232.71B.
18c. A court, law enforcement officer, or an employee of a
19governmental entity that is responsible for child welfare from
20acting in the court’s, law enforcement officer’s, or employee’s
21official capacity and scope of authority.
22d. A court from issuing an order that is otherwise permitted
23by law.
244. This section shall not be construed to authorize a parent
25or guardian to engage in conduct that is unlawful or to abuse
26or neglect a minor child in violation of the laws of this
27state.
285. The rights guaranteed to parents and guardians by this
29section are not a comprehensive list of the rights reserved
30to parents or guardians of a minor child. The enumeration of
31the rights contained in this section shall not be construed to
32limit the rights reserved to parents or guardians of a minor
33child.
34 Sec. 21. IMPLEMENTATION OF ACT. Section 25B.2, subsection
353, shall not apply to this Act.
-15-jda/jh/mb
2establishing a parent’s or guardian’s right to make
3decisions affecting the parent’s or guardian’s child,
4prohibiting instruction related to gender identity and
5sexual orientation in school districts, charter schools,
6and innovation zone schools in kindergarten through
7grade six, and modifying provisions related to student
8health screenings, school district library programs,
9the educational program provided to students enrolled in
10school districts, accredited nonpublic schools, and charter
11schools, other duties of school districts and the governing
12boards of charter schools and innovation zone schools,
13competent private instruction, and special education.
14BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.11, unnumbered paragraph 1, Code
22023, is amended to read as follows:
3The state board shall adopt rules under chapter 17A and
4a procedure for accrediting all public and nonpublic schools
5in Iowa offering instruction at any or all levels from the
6prekindergarten level through grade twelve. The rules of
7the state board shall require that a an age-appropriate,
8 multicultural, and gender-fair approach is used by schools and
9school districts. The educational program shall be taught from
10a an age-appropriate, multicultural, and gender-fair approach.
11Global perspectives shall be incorporated into all levels of
12the educational program. The rules adopted by the state board
13pursuant to section 256.17, Code Supplement 1987, to establish
14new standards shall satisfy the requirements of this section to
15adopt rules to implement the educational program contained in
16this section. The educational program shall be as follows:
17 Sec. 2. Section 256.11, subsections 2, 3, 4, and 9, Code
182023, are amended to read as follows:
192. The kindergarten program shall include experiences
20designed to develop healthy emotional and social habits and
21growth in the language arts and communication skills, as well
22as a capacity for the completion of individual tasks, and
23protect and increase physical well-being with attention given
24to experiences relating to the development of life skills and,
25subject to section 279.80, age-appropriate and research-based
26 human growth and development. A kindergarten teacher shall be
27licensed to teach in kindergarten. An accredited nonpublic
28school must meet the requirements of this subsection only if
29the nonpublic school offers a kindergarten program; provided,
30however, that section 279.80 shall not apply to a nonpublic
31school.
323. The following areas shall be taught in grades one through
33six: English-language arts, social studies, mathematics,
34science, health, age-appropriate and research-based
35human growth and development, physical education, traffic
-1-1safety, music, and visual art, and, subject to section
2279.80, age-appropriate and research-based human growth and
3development. Computer science instruction incorporating
4the standards established under section 256.7, subsection
526, paragraph “a”, subparagraph (4), shall be offered in
6at least one grade level commencing with the school year
7beginning July 1, 2023. The health curriculum shall include
8the characteristics of communicable diseases including acquired
9immune deficiency syndrome. The state board as part of
10accreditation standards shall adopt curriculum definitions for
11implementing the elementary program.
124. The following shall be taught in grades seven and
13eight: English-language arts; social studies; mathematics;
14science; health; age-appropriate and research-based human
15growth and development; career exploration and development;
16physical education; music; and visual art. Computer science
17instruction incorporating the standards established under
18section 256.7, subsection 26, paragraph “a”, subparagraph (4),
19shall be offered in at least one grade level commencing with
20the school year beginning July 1, 2023. Career exploration
21and development shall be designed so that students are
22appropriately prepared to create an individual career
23and academic plan pursuant to section 279.61, incorporate
24foundational career and technical education concepts aligned
25with the six career and technical education service areas
26as defined in subsection 5, paragraph “h”, and incorporate
27relevant twenty-first century skills. The health curriculum
28shall include age-appropriate and research-based information
29regarding the characteristics of sexually transmitted diseases,
30including HPV and the availability of a vaccine to prevent
31HPV, and acquired immune deficiency syndrome. The state board
32as part of accreditation standards shall adopt curriculum
33definitions for implementing the program in grades seven
34and eight. However, this subsection shall not apply to the
35teaching of career exploration and development in nonpublic
-2-1schools. For purposes of this section,“age-appropriate”,
2“HPV”, and “research-based” mean the same as defined in section
3279.50.
49. a. (1) Beginning July 1, 2006, each school district shall
5have a qualified teacher librarian who shall be licensed by
6the board of educational examiners under chapter 272 chapter
7256. Each school district shall establish a kindergarten
8through grade twelve library program that is consistent with
9the educational standards established in this section, contains
10only age-appropriate materials, and supports the student
11achievement goals of the total school curriculum.
12(2) If, after investigation, the department of education
13determines that a school district or an employee of a school
14district has violated the provisions of subparagraph (1)
15related to library programs containing only age-appropriate
16materials, beginning January 1, 2024, the school district
17or employee of the school district, as applicable, shall be
18subject to the following:
19(a) For the first violation of subparagraph (1), the
20department of education shall issue a written warning to the
21board of directors of the school district or the employee, as
22applicable.
23(b) (i) For a second or subsequent violation of
24subparagraph (1), if the department of education finds that
25a school district knowingly violated subparagraph (1), the
26superintendent of the school district shall be subject to
27a hearing conducted by the board of educational examiners
28pursuant to section 272,2, subsection 14, which may result in
29disciplinary action.
30(ii) For a second or subsequent violation of subparagraph
31(1), if the department of education finds that an employee
32of the school district who holds a license, certificate,
33authorization, or statement of recognition issued by the board
34of educational examiners knowingly violated subparagraph (1),
35the employee shall be subject to a hearing conducted by the
-3-1board of educational examiners pursuant to section 272.2,
2subsection 14, which may result in disciplinary action.
3b. The state board shall establish in rule a definition
4of and standards for an articulated sequential kindergarten
5through grade twelve media program.
6c. A school district that entered into a contract with an
7individual for employment as a media specialist or librarian
8prior to June 1, 2006, shall be considered to be in compliance
9with this subsection until June 30, 2011, if the individual
10is making annual progress toward meeting the requirements
11for a teacher librarian endorsement issued by the board of
12educational examiners under chapter 272 chapter 256. A school
13district that entered into a contract with an individual for
14employment as a media specialist or librarian who holds at
15least a master’s degree in library and information studies
16shall be considered to be in compliance with this subsection
17until the individual leaves the employ of the school district.
18 Sec. 3. Section 256.11, subsection 5, paragraph b, Code
192023, is amended to read as follows:
20b. (1) Five units of the social studies including
21instruction in voting statutes and procedures, voter
22registration requirements, the use of paper ballots and voting
23systems in the election process, and the method of acquiring
24and casting an absentee ballot. All students shall complete a
25minimum of one-half unit of United States government and one
26unit of United States history.
27(2) The one-half unit of United States government shall
28include the all of the following:
29(a) Thevoting procedure as described in this lettered
30paragraph and section 280.9A. The government instruction shall
31also include a
32(b) Astudy of the Constitution of the United States and the
33Bill of Rights contained in the Constitution and an assessment
34of a student’s knowledge of the Constitution and the Bill of
35Rights.
-4- 1(c) (i) An assessment of the student’s knowledge of
2United States government and civics that includes the nature,
3purpose, structure, function, and history of the United States
4government, the rights and responsibilities of citizens of
5the United States, and important United States government and
6civic leaders. The most recent version of the civics test
7developed by the United States citizenship and immigration
8services shall be used as the assessment required by this
9subparagraph division. On or before June 30 of each year, each
10school district and accredited nonpublic school shall submit
11the results of the assessment required by this subparagraph
12division to the department.
13(ii) The school district or accredited nonpublic school
14may modify the civics test developed by the United States
15citizenship and immigration services for a student who has an
16individualized education program.
17(iii) A student shall answer at least seventy percent of
18the questions on the civics test developed by the United States
19citizenship and immigration services correctly as a condition
20of graduation. A student who fails to answer at least seventy
21percent of the questions on the civics test correctly may
22retake the civics test as many times as necessary.
23 Sec. 4. Section 256.11, subsection 5, paragraph j,
24subparagraph (1), Code 2023, is amended to read as follows:
25(1) One unit of health education which shall include
26personal health; food and nutrition; environmental health;
27safety and survival skills; consumer health; family life;
28age-appropriate and research-based human growth and
29development; substance abuse and nonuse; emotional and
30social health; health resources; and prevention and control
31of disease, including age-appropriate and research-based
32information regarding sexually transmitted diseases, including
33HPV and the availability of a vaccine to prevent HPV, and
34acquired immune deficiency syndrome.
35 Sec. 5. Section 256.11, Code 2023, is amended by adding the
-5-1following new subsection:
2 NEW SUBSECTION. 19. For purposes of this section:
3a. (1) “Age-appropriate” means topics, messages, and
4teaching methods suitable to particular ages or age groups
5of children and adolescents, based on developing cognitive,
6emotional, and behavioral capacity typical for the age or age
7group. “Age-appropriate” does not include any material with
8descriptions or visual depictions of a sex act as defined in
9section 702.17.
10(2) Notwithstanding subparagraph (1), for purposes of the
11human growth and development curriculum, “age-appropriate” means
12the same as defined in section 279.50.
13b. “Research-based” means the same as defined in section
14279.50.
15 Sec. 6. Section 256E.7, subsection 2, paragraph i, Code
162023, is amended to read as follows:
17i. Be subject to and comply with section 279.76 relating
18to physical examinations, and health screenings, and formal
19examinations or surveys designed to assess a student’s mental,
20emotional, or physical health in the same manner as a school
21district.
22 Sec. 7. Section 256E.7, subsection 2, Code 2023, is amended
23by adding the following new paragraphs:
24 NEW PARAGRAPH. 0j. Be subject to and comply with the
25requirements of section 279.78 relating to notifications
26required to be provided to the parents and guardians of minor
27children and the rights of parents and guardians of minor
28children in the same manner as a school district.
29 NEW PARAGRAPH. 00j. Be subject to and comply with the
30requirements of section 279.79 relating to student, employee,
31and contractor participation in surveys, analyses, activities,
32or evaluations in the same manner as a school district.
33 NEW PARAGRAPH. 000j. Be subject to and comply with the
34requirements of section 279.80 relating to sexual orientation
35and gender identity instruction in kindergarten through grade
-6-1six in the same manner as a school district.
2 Sec. 8. Section 256F.4, subsection 2, paragraph k, Code
32023, is amended to read as follows:
4k. Be subject to and comply with section 279.76 relating
5to physical examinations, and health screenings, and formal
6examinations or surveys designed to assess a student’s mental,
7emotional, or physical health in the same manner as a school
8district.
9 Sec. 9. Section 256F.4, subsection 2, Code 2023, is amended
10by adding the following new paragraphs:
11 NEW PARAGRAPH. l. Be subject to and comply with the
12requirements of section 279.78 relating to notifications
13required to be provided to the parents and guardians of minor
14children and the rights of parents and guardians of minor
15children in the same manner as a school district.
16 NEW PARAGRAPH. m. Be subject to and comply with the
17requirements of section 279.79 relating to student, employee,
18and contractor participation in surveys, analyses, activities,
19or evaluations in the same manner as a school district.
20 NEW PARAGRAPH. n. Be subject to and comply with the
21requirements of section 279.80 relating to sexual orientation
22and gender identity instruction in kindergarten through grade
23six in the same manner as a school district.
24 Sec. 10. Section 279.50, subsections 1 and 2, Code 2023, are
25amended to read as follows:
261. Each Subject to section 279.80, each school board shall
27provide instruction in kindergarten which gives attention
28to experiences relating to life skills and human growth and
29development as required in section 256.11. School districts
30shall use research provided in section 256.9, subsection 46,
31paragraph “b”, to evaluate and upgrade their instructional
32materials and teaching strategies for human growth and
33development.
342. Each school board shall provide age-appropriate and
35research-based instruction in human growth and development
-7-1including instruction regarding human sexuality, self-esteem,
2stress management, interpersonal relationships, domestic
3abuse, HPV and the availability of a vaccine to prevent HPV,
4and acquired immune deficiency syndrome and the prevention and
5control of disease, including sexually transmitted diseases as
6required in section 256.11, in grades one seven through twelve.
7 Sec. 11. Section 279.50, Code 2023, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 1A. Subject to section 279.80, each
10school board shall provide age-appropriate and research-based
11instruction in human growth and development including
12instruction regarding self-esteem, stress management,
13interpersonal relationships, and domestic abuse in grades one
14through six.
15 Sec. 12. Section 279.50, subsection 9, paragraphs b and c,
16Code 2023, are amended by striking the paragraphs.
17 Sec. 13. Section 279.76, subsection 1, Code 2023, is amended
18to read as follows:
191. a. Each school district is prohibited from administering
20or conducting an invasive physical examination of a student,
21or a student health screening that is not required by state or
22federal law, or a formal examination or survey of a student
23that is designed to assess the student’s mental, emotional, or
24physical health that is not required by state or federal law,
25 without first acquiring the written consent of the student’s
26parent or guardian. This section applies only to a minor child
27in the direct care of a parent or guardian, and does not apply
28to an emancipated minor or a minor who is not residing with the
29parent or guardian.
30b. Each school district shall give written notice to a
31student’s parent or guardian of an examination or survey of
32the student required by state or federal law that is designed
33to assess the student’s mental, emotional, or physical health
34not less than seven days prior to the examination or survey.
35The notice shall include a copy of the examination or survey
-8-1or a link to an internet site where the parent or guardian may
2access the examination or survey.
3c. This subsection shall not apply to a hearing or vision
4examination.
5 Sec. 14. NEW SECTION. 279.77 Transparency — publication
6of school district information.
71. Each school district shall publish all of the following
8information related to the current school year on the school
9district’s internet site:
10a. A comprehensive list of all persons in direct contact
11with students enrolled in the school district and all persons
12who contract with or otherwise receive moneys from the board of
13directors of the school district for purposes of facilitating
14student activities or providing instruction to students.
15b. A detailed explanation of the procedures or policies
16in effect for the parent or guardian of a student enrolled in
17the school district to request the removal of a book, article,
18outline, handout, video, or other educational material that is
19available to students in the classroom or in a library operated
20by the school district. Each school district shall prominently
21display the detailed explanation on the school district’s
22internet site.
23c. A detailed explanation of the procedures or policies in
24effect to request the review of decisions made by the board
25of directors of the school district, including the petition
26process established pursuant to section 279.8B.
272. The board of directors of each school district shall
28adopt a policy describing the procedures for the parent or
29guardian of a student enrolled in the school district to review
30the instructional materials used in the student’s classroom.
31The policy shall include a process for the student’s parent
32or guardian to request that the student not be provided
33with certain instructional materials. The policy shall be
34prominently displayed on the school district’s internet site
35and the board of directors of the school district shall, at
-9-1least annually, provide a written or electronic copy of the
2policy to the parent or guardian of each student enrolled
3in the school district. For purposes of this section,
4“instructional materials” means either printed or electronic
5textbooks and related core materials that are written and
6published primarily for use in elementary school and secondary
7school instruction and are required by a state educational
8agency or local educational agency for use by students in the
9student’s classes by the teacher of record. “Instructional
10materials” does not include lesson plans.
113. Each school district shall make available to the parent
12or guardian of each student enrolled in the school district
13a comprehensive list of all books available to students in
14libraries operated by the school district by providing a link
15on the school district’s internet site to the electronic
16catalog of the books available in the libraries operated by the
17school district. However, for school years beginning prior to
18July 1, 2025, if the school district does not use an electronic
19catalog, the school district may request a waiver from this
20requirement from the department of education.
214. This section shall not be construed to require a school
22district to do any of the following:
23a. Reproduce educational materials that were not created by
24a person employed by the board of directors.
25b. Distribute any educational materials in a manner that
26would infringe on the intellectual property rights of any
27person.
28 Sec. 15. NEW SECTION. 279.78 Parental rights in education.
291. As used in this section:
30a. “Gender identity” means the same as defined in section
31216.2.
32b. “Minor child” means an individual under eighteen years
33of age.
342. a. Each school district shall immediately notify the
35parent or guardian of a minor child enrolled in the school
-10-1district if any employee of the school district reasonably
2believes that the minor child has expressed a gender identity
3that is different than the biological sex listed on the minor
4child’s official birth certificate or certificate issued upon
5adoption if the certificate was issued at or near the time of
6the minor child’s birth.
7b. Notwithstanding paragraph “a”, if a school district
8determines based on actual threats to the health, safety, or
9welfare of a minor child enrolled in the school district that
10notifying the parent or guardian of the minor child pursuant
11to paragraph “a” may result in serious harm to the minor child,
12the school district shall not notify the parent or guardian and
13shall instead immediately report the school district’s safety
14concerns to the department of health and human services so that
15the department may determine whether the minor child is a child
16in need of assistance under chapter 232.
173. The parent or guardian of a minor child enrolled in
18a school district may access and review all school records
19related to the minor child, including teacher evaluations of
20the minor child and associated notes, evaluation information,
21and documents created by the minor child, unless the federal
22Family Educational Rights and Privacy Act, 20 U.S.C.§1232g, or
23chapter 232, subchapter III, part 2, prohibits the record from
24being disclosed.
254. A school district must receive the prior written consent
26of the parent or guardian of a minor child enrolled in the
27school district before recognizing the minor child’s request to
28change the minor child’s name or pronoun to a name or pronoun
29that is different from the name or pronoun assigned to the
30minor child in the school district’s registration forms or
31records.
325. If, after investigation, the department of education
33determines that a school district or an employee of a school
34district has violated this section, the school district or
35employee of the school district, as applicable, shall be
-11-1subject to the following:
2a. For the first violation of this section, the department
3of education shall issue a written warning to the board
4of directors of the school district or the employee, as
5applicable.
6b. (1) For a second or subsequent violation of this
7section, if the department of education finds that a school
8district knowingly violated this section, the superintendent of
9the school district shall be subject to a hearing conducted by
10the board of educational examiners pursuant to section 272.2,
11subsection 14, which may result in disciplinary action.
12(2) For a second or subsequent violation of this section,
13if the department of education finds that an employee of
14the school district who holds a license, certificate,
15authorization, or statement of recognition issued by the board
16of educational examiners knowingly violated this section, the
17employee shall be subject to a hearing conducted by the board
18of educational examiners pursuant to section 272.2, subsection
1914, which may result in disciplinary action.
206. The state board of education shall adopt rules pursuant
21to chapter 17A to administer this section.
22 Sec. 16. NEW SECTION. 279.79 Protection of student rights.
231. The board of directors of a school district must
24receive the prior written consent of a student’s parent or
25guardian before requiring a student to take part in any survey,
26analysis, activity, or evaluation that reveals information
27concerning any of the following about the student or the
28student’s family, whether the information is personally
29identifiable or not:
30a. The political affiliations or beliefs of the student or
31the student’s parent or guardian.
32b. Mental or psychological problems of the student or the
33student’s family.
34c. Sexual behavior, orientation, or attitudes.
35d. Illegal, antisocial, self-incriminating, or demeaning
-12-1behavior.
2e. Critical appraisals of other individuals with whom the
3student has close familial relationships.
4f. Legally recognized privileged or analogous relationships,
5such as those of attorneys, physicians, or ministers.
6g. Religious practices, affiliations, or beliefs of the
7student or the student’s parent or guardian.
8h. Income, except when required by law to determine
9eligibility for participation in a program or for receiving
10financial assistance under such a program.
112. An employee of a school district, or a contractor engaged
12by a school district, shall not answer any question pertaining
13to any particular student enrolled in the school district
14in any survey related to the social or emotional abilities,
15competencies, or characteristics of the student, unless the
16board of directors of the school district satisfies all of the
17following requirements:
18a. The board of directors of the school district provides to
19the parent or guardian of each student enrolled in the school
20district detailed information related to the survey, including
21the person who created the survey, the person who sponsors the
22survey, how information generated by the survey is used, and
23how information generated by the survey is stored.
24b. The board of directors of the school district receives
25the written consent from a student’s parent or guardian
26authorizing the employee or contractor to answer questions in
27the survey pertaining to the student.
283. Subsection 2 shall not be construed to prohibit an
29employee of a school district, or a contractor engaged by a
30school district, from answering questions pertaining to any
31particular student enrolled in the school district as part of
32the process of developing or implementing an individualized
33education program for such student.
34 Sec. 17. NEW SECTION. 279.80 Sexual orientation and gender
35identity — prohibited instruction.
-13- 11. As used in this section:
2a. “Gender identity” means the same as defined in section
3216.2.
4b. “Sexual orientation” means the same as defined in section
5216.2.
62. A school district shall not provide any program,
7curriculum, test, survey, questionnaire, promotion, or
8instruction relating to gender identity or sexual orientation
9to students in kindergarten through grade six.
10 Sec. 18. Section 299A.9, subsection 1, Code 2023, is amended
11to read as follows:
121. A child of compulsory attendance age who is identified
13as requiring special education under chapter 256B is eligible
14for placement under competent private instruction with prior
15approval of the placement by the director of special education
16of the area education agency of the child’s district of
17residence.
18 Sec. 19. Section 299A.9, Code 2023, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 3. The parent, guardian, or legal custodian
21of a child who is identified as requiring special education
22may request dual enrollment pursuant to section 299A.8. The
23appropriate special education services for the child shall be
24determined pursuant to chapter 256B and rules adopted pursuant
25to chapter 256B.
26 Sec. 20. NEW SECTION. 601.1 Parents and guardians —
27rights.
281. For purposes of this section:
29a. “Emergent care situation” means a sudden or unforeseen
30occurrence or onset of a medical or behavioral condition that
31could result in serious injury or harm to a minor child in the
32event immediate medical attention is not provided.
33b. “Medical care” means any care, treatment, service, or
34procedure to prevent, diagnose, alleviate, treat, or cure a
35minor child’s physical or mental condition.
-14- 1c. “Minor child” means an unmarried and unemancipated person
2under the age of eighteen years.
32. Subject to section 147.164, if enacted by 2023 Iowa
4Acts, Senate File 538, a parent or guardian bears the ultimate
5responsibility, and has the fundamental, constitutionally
6protected right, to make decisions affecting the parent’s
7or guardian’s minor child, including decisions related to
8the minor child’s medical care, moral upbringing, religious
9upbringing, residence, education, and extracurricular
10activities. Any and all restrictions of this right shall be
11subject to strict scrutiny.
123. This section shall not be construed to prohibit any of
13the following:
14a. A minor child from receiving medical attention in an
15emergent care situation.
16b. A person from cooperating in a child abuse assessment
17commenced in accordance with section 232.71B.
18c. A court, law enforcement officer, or an employee of a
19governmental entity that is responsible for child welfare from
20acting in the court’s, law enforcement officer’s, or employee’s
21official capacity and scope of authority.
22d. A court from issuing an order that is otherwise permitted
23by law.
244. This section shall not be construed to authorize a parent
25or guardian to engage in conduct that is unlawful or to abuse
26or neglect a minor child in violation of the laws of this
27state.
285. The rights guaranteed to parents and guardians by this
29section are not a comprehensive list of the rights reserved
30to parents or guardians of a minor child. The enumeration of
31the rights contained in this section shall not be construed to
32limit the rights reserved to parents or guardians of a minor
33child.
34 Sec. 21. IMPLEMENTATION OF ACT. Section 25B.2, subsection
353, shall not apply to this Act.
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