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Senate File 496 - EnrolledAn Actrelating to children and students, including
establishing a parent’s or guardian’s right to make
decisions affecting the parent’s or guardian’s child,
authorizing the parent or guardian of a student enrolled
in a school district to enroll the student in another
attendance center within the same school district in certain
specified circumstances, prohibiting instruction related to
gender identity and sexual orientation in school districts,
charter schools, and innovation zone schools in kindergarten
through grade six, and modifying provisions related to
student health screenings, school district library programs,
the educational program provided to students enrolled in
school districts, accredited nonpublic schools, and charter
schools, other duties of school districts, accredited
nonpublic schools, the department of education, the board of
educational examiners, and the governing boards of charter
schools and innovation zone schools, competent private
instruction, and special education, and including effective
date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
EDUCATIONAL PROGRAM
Section 1. Section 256.11, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The state board shall adopt rules under chapter 17A and
a procedure for accrediting all public and nonpublic schools
in Iowa offering instruction at any or all levels from the
prekindergarten level through grade twelve. The rules of
the state board shall require that a an age-appropriate,
multicultural, and gender-fair approach is used by schools and
school districts. The educational program shall be taught from
a an age-appropriate, multicultural, and gender-fair approach.
Global perspectives shall be incorporated into all levels of
the educational program. The rules adopted by the state board
pursuant to section 256.17, Code Supplement 1987, to establish
new standards shall satisfy the requirements of this section to
adopt rules to implement the educational program contained in
this section. The educational program shall be as follows:
Sec. 2. Section 256.11, subsections 2, 3, 4, and 9, Code
2023, are amended to read as follows:
2. The kindergarten program shall include experiences
designed to develop healthy emotional and social habits and
growth in the language arts and communication skills, as well
as a capacity for the completion of individual tasks, and
protect and increase physical well-being with attention given
to experiences relating to the development of life skills and,
subject to section 279.80, age-appropriate and research-based
human growth and development. A kindergarten teacher shall be
licensed to teach in kindergarten. An accredited nonpublic
school must meet the requirements of this subsection only if
the nonpublic school offers a kindergarten program; provided,
however, that section 279.80 shall not apply to a nonpublic
school.
3. The following areas shall be taught in grades one through
six: English-language arts, social studies, mathematics,
-1-science, health, age-appropriate and research-based
human growth and development, physical education, traffic
safety, music, and visual art, and, subject to section
279.80, age-appropriate and research-based human growth and
development. Computer science instruction incorporating
the standards established under section 256.7, subsection
26, paragraph “a”, subparagraph (4), shall be offered in
at least one grade level commencing with the school year
beginning July 1, 2023. The health curriculum shall include
the characteristics of communicable diseases including acquired
immune deficiency syndrome. The state board as part of
accreditation standards shall adopt curriculum definitions for
implementing the elementary program.
4. The following shall be taught in grades seven and
eight: English-language arts; social studies; mathematics;
science; health; age-appropriate and research-based human
growth and development; career exploration and development;
physical education; music; and visual art. Computer science
instruction incorporating the standards established under
section 256.7, subsection 26, paragraph “a”, subparagraph (4),
shall be offered in at least one grade level commencing with
the school year beginning July 1, 2023. Career exploration
and development shall be designed so that students are
appropriately prepared to create an individual career
and academic plan pursuant to section 279.61, incorporate
foundational career and technical education concepts aligned
with the six career and technical education service areas
as defined in subsection 5, paragraph “h”, and incorporate
relevant twenty-first century skills. The health curriculum
shall include age-appropriate and research-based information
regarding the characteristics of sexually transmitted diseases,
including HPV and the availability of a vaccine to prevent
HPV, and acquired immune deficiency syndrome. The state board
as part of accreditation standards shall adopt curriculum
definitions for implementing the program in grades seven
-2-and eight. However, this subsection shall not apply to the
teaching of career exploration and development in nonpublic
schools. For purposes of this section,“age-appropriate”,
“HPV”, and “research-based” mean the same as defined in section
279.50.
9. a. (1) Beginning July 1, 2006, each school district
shall have a qualified teacher librarian who shall be licensed
by the board of educational examiners under chapter 272. Each
school district shall establish a kindergarten through grade
twelve library program that is consistent with section 280.6
and with the educational standards established in this section,
contains only age-appropriate materials, and supports the
student achievement goals of the total school curriculum.
(2) If, after investigation, the department determines
that a school district or an employee of a school district has
violated the provisions of subparagraph (1) related to library
programs containing only age-appropriate materials, beginning
January 1, 2024, the school district or employee of the school
district, as applicable, shall be subject to the following:
(a) For the first violation of subparagraph (1), the
department shall issue a written warning to the board
of directors of the school district or the employee, as
applicable.
(b) (i) For a second or subsequent violation of
subparagraph (1), if the department finds that a school
district knowingly violated subparagraph (1), the
superintendent of the school district shall be subject to
a hearing conducted by the board of educational examiners
pursuant to section 272.2, subsection 14, which may result in
disciplinary action.
(ii) For a second or subsequent violation of subparagraph
(1), if the department finds that an employee of the school
district who holds a license, certificate, authorization, or
statement of recognition issued by the board of educational
examiners knowingly violated subparagraph (1), the employee
-3-shall be subject to a hearing conducted by the board of
educational examiners pursuant to section 272.2, subsection 14,
which may result in disciplinary action.
b. The state board shall establish in rule a definition
of and standards for an articulated sequential kindergarten
through grade twelve media program.
c. A school district that entered into a contract with an
individual for employment as a media specialist or librarian
prior to June 1, 2006, shall be considered to be in compliance
with this subsection until June 30, 2011, if the individual
is making annual progress toward meeting the requirements
for a teacher librarian endorsement issued by the board of
educational examiners under chapter 272. A school district
that entered into a contract with an individual for employment
as a media specialist or librarian who holds at least a
master’s degree in library and information studies shall be
considered to be in compliance with this subsection until the
individual leaves the employ of the school district.
Sec. 3. Section 256.11, subsection 5, paragraph j,
subparagraph (1), Code 2023, is amended to read as follows:
(1) One unit of health education which shall include
personal health; food and nutrition; environmental health;
safety and survival skills; consumer health; family life;
age-appropriate and research-based human growth and
development; substance abuse and nonuse; emotional and
social health; health resources; and prevention and control
of disease, including age-appropriate and research-based
information regarding sexually transmitted diseases, including
HPV and the availability of a vaccine to prevent HPV, and
acquired immune deficiency syndrome.
Sec. 4. Section 256.11, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 19. For purposes of this section:
a. (1) “Age-appropriate” means topics, messages, and
teaching methods suitable to particular ages or age groups
-4-of children and adolescents, based on developing cognitive,
emotional, and behavioral capacity typical for the age or age
group. “Age-appropriate” does not include any material with
descriptions or visual depictions of a sex act as defined in
section 702.17.
(2) Notwithstanding subparagraph (1), for purposes of the
human growth and development curriculum, “age-appropriate” means
the same as defined in section 279.50.
b. “Research-based” means the same as defined in section
279.50.
DIVISION II
SCHOOL RESPONSIBILITIES
Sec. 5. Section 256E.7, subsection 2, paragraph i, Code
2023, is amended to read as follows:
i. Be subject to and comply with section 279.76 relating
to physical examinations,and health screenings, and formal
examinations or surveys designed to assess a student’s mental,
emotional, or physical health in the same manner as a school
district.
Sec. 6. Section 256E.7, subsection 2, Code 2023, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. 0j. Be subject to and comply with the
requirements of section 279.78 relating to prohibitions and
requirements related to the gender identity of students in the
same manner as a school district.
NEW PARAGRAPH. 00j. Be subject to and comply with the
requirements of section 279.79 relating to student, employee,
and contractor participation in surveys, analyses, activities,
or evaluations in the same manner as a school district.
NEW PARAGRAPH. 000j. Be subject to and comply with the
requirements of section 279.80 relating to sexual orientation
and gender identity instruction in kindergarten through grade
six in the same manner as a school district.
NEW PARAGRAPH. 0000j. Be subject to and comply with the
requirements of section 279.81 relating to prohibiting students
-5-from serving on any committees that determine, or provide
recommendations related to, whether a material in a school
library should be removed.
Sec. 7. Section 256F.4, subsection 2, paragraph k, Code
2023, is amended to read as follows:
k. Be subject to and comply with section 279.76 relating
to physical examinations,and health screenings, and formal
examinations or surveys designed to assess a student’s mental,
emotional, or physical health in the same manner as a school
district.
Sec. 8. Section 256F.4, subsection 2, Code 2023, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. l. Be subject to and comply with the
requirements of section 279.78 relating to prohibitions and
requirements related to the gender identity of students in the
same manner as a school district.
NEW PARAGRAPH. m. Be subject to and comply with the
requirements of section 279.79 relating to student, employee,
and contractor participation in surveys, analyses, activities,
or evaluations in the same manner as a school district.
NEW PARAGRAPH. n. Be subject to and comply with the
requirements of section 279.80 relating to sexual orientation
and gender identity instruction in kindergarten through grade
six in the same manner as a school district.
NEW PARAGRAPH. o. Be subject to and comply with the
requirements of section 279.81 relating to prohibiting students
from serving on any committees that determine, or provide
recommendations related to, whether a material in a school
library should be removed.
Sec. 9. Section 279.50, subsections 1 and 2, Code 2023, are
amended to read as follows:
1. Each Subject to section 279.80, each school board shall
provide instruction in kindergarten which gives attention
to experiences relating to life skills and human growth and
development as required in section 256.11. School districts
-6-shall use research provided in section 256.9, subsection 46,
paragraph “b”, to evaluate and upgrade their instructional
materials and teaching strategies for human growth and
development.
2. Each school board shall provide age-appropriate and
research-based instruction in human growth and development
including instruction regarding human sexuality, self-esteem,
stress management, interpersonal relationships, domestic
abuse, HPV and the availability of a vaccine to prevent HPV,
and acquired immune deficiency syndrome and the prevention and
control of disease, including sexually transmitted diseases as
required in section 256.11, in grades one seven through twelve.
Sec. 10. Section 279.50, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. Subject to section 279.80, each
school board shall provide age-appropriate and research-based
instruction in human growth and development including
instruction regarding self-esteem, stress management,
interpersonal relationships, and domestic abuse in grades one
through six.
Sec. 11. Section 279.50, subsection 9, paragraphs b and c,
Code 2023, are amended by striking the paragraphs.
Sec. 12. Section 279.76, subsections 1 and 2, Code 2023, are
amended to read as follows:
1. a. Each school district is prohibited from administering
or conducting an invasive physical examination of a student,
or a student health screening that is not required by state or
federal law, or a formal examination or survey of a student
that is designed to assess the student’s mental, emotional, or
physical health that is not required by state or federal law,
without first acquiring the written consent of the student’s
parent or guardian. This section applies only to a minor child
in the direct care of a parent or guardian, and does not apply
to an emancipated minor or a minor who is not residing with the
parent or guardian.
-7- b. Each school district shall give written notice to a
student’s parent or guardian of an examination or survey of
the student required by state or federal law that is designed
to assess the student’s mental, emotional, or physical health
not less than seven days prior to the examination or survey.
The notice shall include a copy of the examination or survey
or a link to an internet site where the parent or guardian may
access the examination or survey.
c. This subsection shall not apply to a hearing or vision
examination.
2. This section shall not be construed to prohibit a school
district from conducting health screenings or invasive physical
examinations in emergent care situations or from cooperating in
a child abuse assessment commenced in accordance with section
232.71B.
Sec. 13. NEW SECTION. 279.77 Transparency — publication
of school district information.
1. Each school district shall publish all of the following
information related to the current school year on the school
district’s internet site:
a. A detailed explanation of the procedures or policies
in effect for the parent or guardian of a student enrolled in
the school district to request the removal of a book, article,
outline, handout, video, or other educational material that is
available to students in the classroom or in a library operated
by the school district. Each school district shall prominently
display the detailed explanation on the school district’s
internet site.
b. A detailed explanation of the procedures or policies in
effect to request the review of decisions made by the board
of directors of the school district, including the petition
process established pursuant to section 279.8B.
2. The board of directors of each school district shall
adopt a policy describing the procedures for the parent or
guardian of a student enrolled in the school district or a
-8-resident of the school district to review the instructional
materials used in classrooms in the school district. The
policy shall include a process for a student’s parent or
guardian to request that the student not be provided with
certain instructional materials. The policy shall be
prominently displayed on the school district’s internet site
and the board of directors of the school district shall, at
least annually, provide a written or electronic copy of the
policy to the parent or guardian of each student enrolled
in the school district. For purposes of this section,
“instructional materials” means either printed or electronic
textbooks and related core materials that are written and
published primarily for use in elementary school and secondary
school instruction and are required by a state educational
agency or local educational agency for use by students in the
student’s classes by the teacher of record. “Instructional
materials” does not include lesson plans.
3. Each school district shall make available on the school
district’s internet site a comprehensive list of all books
available to students in libraries operated by the school
district. However, for school years beginning prior to July
1, 2025, if the school district does not use an electronic
catalog, the school district may request a waiver from this
requirement from the department of education.
4. The identity of a parent or guardian who requests the
removal of a book, article, outline, handout, video, or other
educational material that is available to students in the
classroom or in a library operated by the school district
pursuant to subsection 1, paragraph “a”, shall be confidential
and shall not be a public record subject to disclosure under
chapter 22.
5. This section shall not be construed to require a school
district to do any of the following:
a. Reproduce educational materials that were not created by
a person employed by the board of directors.
-9- b. Distribute any educational materials in a manner that
would infringe on the intellectual property rights of any
person.
Sec. 14. NEW SECTION. 279.78 Parental rights in education.
1. As used in this section:
a. “Gender identity” means the same as defined in section
216.2.
b. “License” means the same as defined in section 272.1.
c. “Practitioner” means the same as defined in section
272.1.
2. A school district shall not knowingly give false or
misleading information to the parent or guardian of a student
regarding the student’s gender identity or intention to
transition to a gender that is different than the sex listed on
a student’s official birth certificate or certificate issued
upon adoption if the certificate was issued at or near the time
of the student’s birth.
3. If a student enrolled in a school district requests
an accommodation that is intended to affirm the student’s
gender identity from a licensed practitioner employed by
the school district, including a request that the licensed
practitioner address the student using a name or pronoun that
is different than the name or pronoun assigned to the student
in the school district’s registration forms or records, the
licensed practitioner shall report the student’s request
to an administrator employed by the school district, and
the administrator shall report the student’s request to the
student’s parent or guardian.
4. If, after investigation, the department of education
determines that a school district or an employee of a school
district has violated this section, the school district or
employee of the school district, as applicable, shall be
subject to the following:
a. For the first violation of this section, the department
of education shall issue a written warning to the board
-10-of directors of the school district or the employee, as
applicable.
b. (1) For a second or subsequent violation of this
section, if the department of education finds that a school
district knowingly violated this section, the superintendent of
the school district shall be subject to a hearing conducted by
the board of educational examiners pursuant to section 272.2,
subsection 14, which may result in disciplinary action.
(2) For a second or subsequent violation of this section,
if the department of education finds that an employee of
the school district who holds a license, certificate,
authorization, or statement of recognition issued by the board
of educational examiners knowingly violated this section, the
employee shall be subject to a hearing conducted by the board
of educational examiners pursuant to section 272.2, subsection
14, which may result in disciplinary action.
5. The state board of education shall adopt rules pursuant
to chapter 17A to administer this section.
Sec. 15. NEW SECTION. 279.79 Surveys — required parent or
guardian consent.
1. The board of directors of a school district must
receive the prior written consent of a student’s parent or
guardian before requiring a student to take part in any survey,
analysis, activity, or evaluation that reveals information
concerning any of the following about the student or the
student’s family, whether the information is personally
identifiable or not:
a. The political affiliations or beliefs of the student or
the student’s parent or guardian.
b. Mental or psychological problems of the student or the
student’s family.
c. Sexual behavior, orientation, or attitudes.
d. Illegal, antisocial, self-incriminating, or demeaning
behavior.
e. Critical appraisals of other individuals with whom the
-11-student has close familial relationships.
f. Legally recognized privileged or analogous relationships,
such as those of attorneys, physicians, or ministers.
g. Religious practices, affiliations, or beliefs of the
student or the student’s parent or guardian.
h. Income, except when required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such a program.
2. An employee of a school district, or a contractor engaged
by a school district, shall not answer any question pertaining
to any particular student enrolled in the school district
in any survey related to the social or emotional abilities,
competencies, or characteristics of the student, unless the
board of directors of the school district satisfies all of the
following requirements:
a. The board of directors of the school district provides to
the parent or guardian of each student enrolled in the school
district detailed information related to the survey, including
the person who created the survey, the person who sponsors the
survey, how information generated by the survey is used, and
how information generated by the survey is stored.
b. The board of directors of the school district receives
the written consent from a student’s parent or guardian
authorizing the employee or contractor to answer questions in
the survey pertaining to the student.
3. Subsection 2 shall not be construed to prohibit an
employee of a school district, or a contractor engaged by a
school district, from answering questions pertaining to any
particular student enrolled in the school district as part of
the process of developing or implementing an individualized
education program for such student.
Sec. 16. NEW SECTION. 279.80 Sexual orientation and gender
identity — prohibited instruction.
1. As used in this section:
a. “Gender identity” means the same as defined in section
-12-216.2.
b. “Sexual orientation” means the same as defined in section
216.2.
2. A school district shall not provide any program,
curriculum, test, survey, questionnaire, promotion, or
instruction relating to gender identity or sexual orientation
to students in kindergarten through grade six.
Sec. 17. NEW SECTION. 279.81 Library materials review
committee.
The board of directors of a school district shall not allow a
student to serve on any committee that determines, or provides
recommendations related to, whether a material in a library
operated by the school district should be removed.
Sec. 18. NEW SECTION. 279.82 Intra-district enrollment.
1. A parent or guardian of a student enrolled in a
school district may enroll the student in another attendance
center within the same school district that offers classes
at the student’s grade level in the manner provided in this
section if, as a result of viewing a recording created by a
video surveillance system or a report from a school district
employee, and consistent with the requirements of the federal
Family Educational Rights and Privacy Act, 20 U.S.C.§1232g,
and any regulations promulgated pursuant to that Act, the
school district determines that any student enrolled in the
school district has harassed or bullied the student. For
purposes of this subsection, “harassment” and “bullying” mean
the same as defined in section 280.28.
2. a. A parent or guardian shall send notification to
the school district, on forms prescribed by the department of
education, that the parent or guardian intends to enroll the
student in another attendance center within the same school
district that offers classes at the student’s grade level.
b. The school district shall enroll the student in another
attendance center within the same school district unless the
attendance center has insufficient classroom space for the
-13-student. If the request is granted, the school district shall
transmit a copy of the form to the parent or guardian within
five days after the school district’s action. The parent
or guardian may withdraw the request at any time prior to
the school district’s action on the request. A denial of a
request by the school district may be appealed to the board of
directors of the school district.
c. The board of directors of each school district shall
adopt a policy that defines the term “insufficient classroom
space” for that district.
3. A request under this section is for a period of not
less than one year. A student who attends school in another
attendance center pursuant to this section may return to
the original attendance center and enroll at any time, once
the parent or guardian has notified the school district in
writing of the decision to enroll the student in the original
attendance center.
4. If a request filed under this section is for a student
requiring special education under chapter 256B, the request to
transfer to another attendance center shall only be granted if
all of the following conditions are met:
a. The attendance center maintains a special education
instructional program that is appropriate to meet the student’s
educational needs and the enrollment of the student in the
attendance center would not cause the size of the class or
caseload in that special education instructional program in the
attendance center to exceed the maximum class size or caseload
established pursuant to rules adopted by the state board of
education.
b. If the student would be assigned to a general education
class, there is sufficient classroom space for the general
education class to which the student would be assigned.
5. If a student, for whom a request to transfer has been
filed with the school district, has been suspended or expelled
in the school district, the student shall not be permitted
-14-to transfer until the student has been reinstated. Once the
student has been reinstated, however, the student shall be
permitted to transfer in the same manner as if the student
had not been suspended or expelled. If a student, for whom
a request to transfer has been filed with a school district,
is expelled in the school district, the student shall be
permitted to transfer under this section if the student applies
for and is reinstated. However, if the student applies for
reinstatement but is not reinstated in the school district,
the school district may deny the request to transfer. The
decision of the school district may be appealed to the board of
directors of the school district.
6. A student who is enrolled in another attendance center
within the same school district pursuant to this section is
eligible to participate immediately in varsity interscholastic
athletic contests and athletic competitions as a member of a
team from the receiving attendance center.
7. This section shall not be construed to prohibit a
school district from allowing the parent or guardian of a
student enrolled in the school district to enroll the student
in another attendance center within the same school district
that offers classes at the student’s grade level pursuant to a
policy adopted by the board of directors of the school district
that allows for transfers for reasons in addition to those
allowed pursuant to this section.
8. The state board of education shall adopt rules pursuant
to chapter 17A to administer this section.
Sec. 19. NEW SECTION. 279.83 Notice to parents or guardians
related to physical injuries, harassment, or bullying.
After following the policy adopted by the school district
pursuant to section 280.28, subsection 3, an employee of a
school district may notify the parents or guardians of a
student enrolled in the school district in writing or by
electronic mail within twenty-four hours after the employee
witnesses, either directly or indirectly by viewing a recording
-15-created by a video surveillance system, any student enrolled
in the school district harassing or bullying the student. For
purposes of this section, “harassment” and “bullying” mean the
same as defined in section 280.28.
Sec. 20. Section 280.28, subsection 3, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0f. A procedure for reporting an
allegation of an act of harassment or bullying, including
the identification by job title of the school official
responsible for ensuring that the policy is implemented, and
the identification of the person or persons responsible for
receiving reports of allegations of harassment or bullying.
The procedure shall require a school official to notify the
parents or guardians of a student enrolled in the school
district within twenty-four hours after the school official
receives a report that the student may have been the victim of
conduct that constitutes harassment or bullying.
Sec. 21. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:
1. The section of this division of this Act enacting section
279.82.
2. The section of this division of this Act enacting section
279.83.
3. The section of this division of this Act amending section
280.28, subsection 3.
DIVISION III
private instruction and special education
Sec. 22. Section 299A.9, subsection 1, Code 2023, is amended
to read as follows:
1. A child of compulsory attendance age who is identified
as requiring special education under chapter 256B is eligible
for placement under competent private instruction with prior
approval of the placement by the director of special education
of the area education agency of the child’s district of
residence.
-16- Sec. 23. Section 299A.9, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. The parent, guardian, or legal custodian
of a child who is identified as requiring special education
may request dual enrollment pursuant to section 299A.8. The
appropriate special education services for the child shall be
determined pursuant to chapter 256B and rules adopted pursuant
to chapter 256B.
DIVISION IV
parents and guardians rights
Sec. 24. NEW SECTION. 601.1 Parents and guardians —
rights.
1. For purposes of this section:
a. “Emergent care situation” means a sudden or unforeseen
occurrence or onset of a medical or behavioral condition that
could result in serious injury or harm to a minor child in the
event immediate medical attention is not provided.
b. “Medical care” means any care, treatment, service, or
procedure to prevent, diagnose, alleviate, treat, or cure a
minor child’s physical or mental condition.
c. “Minor child” means an unmarried and unemancipated person
under the age of eighteen years.
2. Subject to section 147.164, as enacted by 2023 Iowa
Acts, Senate File 538, a parent or guardian bears the ultimate
responsibility, and has the fundamental, constitutionally
protected right, to make decisions affecting the parent’s
or guardian’s minor child, including decisions related to
the minor child’s medical care, moral upbringing, religious
upbringing, residence, education, and extracurricular
activities. Any and all restrictions of this right shall be
subject to strict scrutiny.
3. This section shall not be construed to prohibit any of
the following:
a. A minor child from receiving medical attention in an
emergent care situation.
-17- b. A person from cooperating in a child abuse assessment
commenced in accordance with section 232.71B.
c. A court from issuing an order that is permitted by law.
4. This section shall not be construed to authorize a parent
or guardian to engage in conduct that is unlawful or to abuse
or neglect a minor child in violation of the laws of this
state.
5. The rights guaranteed to parents and guardians by this
section are not a comprehensive list of the rights reserved
to parents or guardians of a minor child. The enumeration of
the rights contained in this section shall not be construed to
limit the rights reserved to parents or guardians of a minor
child.
DIVISION V
IMPLEMENTATION OF ACT
Sec. 25. IMPLEMENTATION OF ACT. Section 25B.2, subsection
3, shall not apply to this Act.
-18-______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 496, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorjda/jh/mb
establishing a parent’s or guardian’s right to make
decisions affecting the parent’s or guardian’s child,
authorizing the parent or guardian of a student enrolled
in a school district to enroll the student in another
attendance center within the same school district in certain
specified circumstances, prohibiting instruction related to
gender identity and sexual orientation in school districts,
charter schools, and innovation zone schools in kindergarten
through grade six, and modifying provisions related to
student health screenings, school district library programs,
the educational program provided to students enrolled in
school districts, accredited nonpublic schools, and charter
schools, other duties of school districts, accredited
nonpublic schools, the department of education, the board of
educational examiners, and the governing boards of charter
schools and innovation zone schools, competent private
instruction, and special education, and including effective
date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
EDUCATIONAL PROGRAM
Section 1. Section 256.11, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The state board shall adopt rules under chapter 17A and
a procedure for accrediting all public and nonpublic schools
in Iowa offering instruction at any or all levels from the
prekindergarten level through grade twelve. The rules of
the state board shall require that a an age-appropriate,
multicultural, and gender-fair approach is used by schools and
school districts. The educational program shall be taught from
a an age-appropriate, multicultural, and gender-fair approach.
Global perspectives shall be incorporated into all levels of
the educational program. The rules adopted by the state board
pursuant to section 256.17, Code Supplement 1987, to establish
new standards shall satisfy the requirements of this section to
adopt rules to implement the educational program contained in
this section. The educational program shall be as follows:
Sec. 2. Section 256.11, subsections 2, 3, 4, and 9, Code
2023, are amended to read as follows:
2. The kindergarten program shall include experiences
designed to develop healthy emotional and social habits and
growth in the language arts and communication skills, as well
as a capacity for the completion of individual tasks, and
protect and increase physical well-being with attention given
to experiences relating to the development of life skills and,
subject to section 279.80, age-appropriate and research-based
human growth and development. A kindergarten teacher shall be
licensed to teach in kindergarten. An accredited nonpublic
school must meet the requirements of this subsection only if
the nonpublic school offers a kindergarten program; provided,
however, that section 279.80 shall not apply to a nonpublic
school.
3. The following areas shall be taught in grades one through
six: English-language arts, social studies, mathematics,
-1-science, health, age-appropriate and research-based
human growth and development, physical education, traffic
safety, music, and visual art, and, subject to section
279.80, age-appropriate and research-based human growth and
development. Computer science instruction incorporating
the standards established under section 256.7, subsection
26, paragraph “a”, subparagraph (4), shall be offered in
at least one grade level commencing with the school year
beginning July 1, 2023. The health curriculum shall include
the characteristics of communicable diseases including acquired
immune deficiency syndrome. The state board as part of
accreditation standards shall adopt curriculum definitions for
implementing the elementary program.
4. The following shall be taught in grades seven and
eight: English-language arts; social studies; mathematics;
science; health; age-appropriate and research-based human
growth and development; career exploration and development;
physical education; music; and visual art. Computer science
instruction incorporating the standards established under
section 256.7, subsection 26, paragraph “a”, subparagraph (4),
shall be offered in at least one grade level commencing with
the school year beginning July 1, 2023. Career exploration
and development shall be designed so that students are
appropriately prepared to create an individual career
and academic plan pursuant to section 279.61, incorporate
foundational career and technical education concepts aligned
with the six career and technical education service areas
as defined in subsection 5, paragraph “h”, and incorporate
relevant twenty-first century skills. The health curriculum
shall include age-appropriate and research-based information
regarding the characteristics of sexually transmitted diseases,
including HPV and the availability of a vaccine to prevent
HPV, and acquired immune deficiency syndrome. The state board
as part of accreditation standards shall adopt curriculum
definitions for implementing the program in grades seven
-2-and eight. However, this subsection shall not apply to the
teaching of career exploration and development in nonpublic
schools. For purposes of this section,“age-appropriate”,
“HPV”, and “research-based” mean the same as defined in section
279.50.
9. a. (1) Beginning July 1, 2006, each school district
shall have a qualified teacher librarian who shall be licensed
by the board of educational examiners under chapter 272. Each
school district shall establish a kindergarten through grade
twelve library program that is consistent with section 280.6
and with the educational standards established in this section,
contains only age-appropriate materials, and supports the
student achievement goals of the total school curriculum.
(2) If, after investigation, the department determines
that a school district or an employee of a school district has
violated the provisions of subparagraph (1) related to library
programs containing only age-appropriate materials, beginning
January 1, 2024, the school district or employee of the school
district, as applicable, shall be subject to the following:
(a) For the first violation of subparagraph (1), the
department shall issue a written warning to the board
of directors of the school district or the employee, as
applicable.
(b) (i) For a second or subsequent violation of
subparagraph (1), if the department finds that a school
district knowingly violated subparagraph (1), the
superintendent of the school district shall be subject to
a hearing conducted by the board of educational examiners
pursuant to section 272.2, subsection 14, which may result in
disciplinary action.
(ii) For a second or subsequent violation of subparagraph
(1), if the department finds that an employee of the school
district who holds a license, certificate, authorization, or
statement of recognition issued by the board of educational
examiners knowingly violated subparagraph (1), the employee
-3-shall be subject to a hearing conducted by the board of
educational examiners pursuant to section 272.2, subsection 14,
which may result in disciplinary action.
b. The state board shall establish in rule a definition
of and standards for an articulated sequential kindergarten
through grade twelve media program.
c. A school district that entered into a contract with an
individual for employment as a media specialist or librarian
prior to June 1, 2006, shall be considered to be in compliance
with this subsection until June 30, 2011, if the individual
is making annual progress toward meeting the requirements
for a teacher librarian endorsement issued by the board of
educational examiners under chapter 272. A school district
that entered into a contract with an individual for employment
as a media specialist or librarian who holds at least a
master’s degree in library and information studies shall be
considered to be in compliance with this subsection until the
individual leaves the employ of the school district.
Sec. 3. Section 256.11, subsection 5, paragraph j,
subparagraph (1), Code 2023, is amended to read as follows:
(1) One unit of health education which shall include
personal health; food and nutrition; environmental health;
safety and survival skills; consumer health; family life;
age-appropriate and research-based human growth and
development; substance abuse and nonuse; emotional and
social health; health resources; and prevention and control
of disease, including age-appropriate and research-based
information regarding sexually transmitted diseases, including
HPV and the availability of a vaccine to prevent HPV, and
acquired immune deficiency syndrome.
Sec. 4. Section 256.11, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 19. For purposes of this section:
a. (1) “Age-appropriate” means topics, messages, and
teaching methods suitable to particular ages or age groups
-4-of children and adolescents, based on developing cognitive,
emotional, and behavioral capacity typical for the age or age
group. “Age-appropriate” does not include any material with
descriptions or visual depictions of a sex act as defined in
section 702.17.
(2) Notwithstanding subparagraph (1), for purposes of the
human growth and development curriculum, “age-appropriate” means
the same as defined in section 279.50.
b. “Research-based” means the same as defined in section
279.50.
DIVISION II
SCHOOL RESPONSIBILITIES
Sec. 5. Section 256E.7, subsection 2, paragraph i, Code
2023, is amended to read as follows:
i. Be subject to and comply with section 279.76 relating
to physical examinations,and health screenings, and formal
examinations or surveys designed to assess a student’s mental,
emotional, or physical health in the same manner as a school
district.
Sec. 6. Section 256E.7, subsection 2, Code 2023, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. 0j. Be subject to and comply with the
requirements of section 279.78 relating to prohibitions and
requirements related to the gender identity of students in the
same manner as a school district.
NEW PARAGRAPH. 00j. Be subject to and comply with the
requirements of section 279.79 relating to student, employee,
and contractor participation in surveys, analyses, activities,
or evaluations in the same manner as a school district.
NEW PARAGRAPH. 000j. Be subject to and comply with the
requirements of section 279.80 relating to sexual orientation
and gender identity instruction in kindergarten through grade
six in the same manner as a school district.
NEW PARAGRAPH. 0000j. Be subject to and comply with the
requirements of section 279.81 relating to prohibiting students
-5-from serving on any committees that determine, or provide
recommendations related to, whether a material in a school
library should be removed.
Sec. 7. Section 256F.4, subsection 2, paragraph k, Code
2023, is amended to read as follows:
k. Be subject to and comply with section 279.76 relating
to physical examinations,and health screenings, and formal
examinations or surveys designed to assess a student’s mental,
emotional, or physical health in the same manner as a school
district.
Sec. 8. Section 256F.4, subsection 2, Code 2023, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. l. Be subject to and comply with the
requirements of section 279.78 relating to prohibitions and
requirements related to the gender identity of students in the
same manner as a school district.
NEW PARAGRAPH. m. Be subject to and comply with the
requirements of section 279.79 relating to student, employee,
and contractor participation in surveys, analyses, activities,
or evaluations in the same manner as a school district.
NEW PARAGRAPH. n. Be subject to and comply with the
requirements of section 279.80 relating to sexual orientation
and gender identity instruction in kindergarten through grade
six in the same manner as a school district.
NEW PARAGRAPH. o. Be subject to and comply with the
requirements of section 279.81 relating to prohibiting students
from serving on any committees that determine, or provide
recommendations related to, whether a material in a school
library should be removed.
Sec. 9. Section 279.50, subsections 1 and 2, Code 2023, are
amended to read as follows:
1. Each Subject to section 279.80, each school board shall
provide instruction in kindergarten which gives attention
to experiences relating to life skills and human growth and
development as required in section 256.11. School districts
-6-shall use research provided in section 256.9, subsection 46,
paragraph “b”, to evaluate and upgrade their instructional
materials and teaching strategies for human growth and
development.
2. Each school board shall provide age-appropriate and
research-based instruction in human growth and development
including instruction regarding human sexuality, self-esteem,
stress management, interpersonal relationships, domestic
abuse, HPV and the availability of a vaccine to prevent HPV,
and acquired immune deficiency syndrome and the prevention and
control of disease, including sexually transmitted diseases as
required in section 256.11, in grades one seven through twelve.
Sec. 10. Section 279.50, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. Subject to section 279.80, each
school board shall provide age-appropriate and research-based
instruction in human growth and development including
instruction regarding self-esteem, stress management,
interpersonal relationships, and domestic abuse in grades one
through six.
Sec. 11. Section 279.50, subsection 9, paragraphs b and c,
Code 2023, are amended by striking the paragraphs.
Sec. 12. Section 279.76, subsections 1 and 2, Code 2023, are
amended to read as follows:
1. a. Each school district is prohibited from administering
or conducting an invasive physical examination of a student,
or a student health screening that is not required by state or
federal law, or a formal examination or survey of a student
that is designed to assess the student’s mental, emotional, or
physical health that is not required by state or federal law,
without first acquiring the written consent of the student’s
parent or guardian. This section applies only to a minor child
in the direct care of a parent or guardian, and does not apply
to an emancipated minor or a minor who is not residing with the
parent or guardian.
-7- b. Each school district shall give written notice to a
student’s parent or guardian of an examination or survey of
the student required by state or federal law that is designed
to assess the student’s mental, emotional, or physical health
not less than seven days prior to the examination or survey.
The notice shall include a copy of the examination or survey
or a link to an internet site where the parent or guardian may
access the examination or survey.
c. This subsection shall not apply to a hearing or vision
examination.
2. This section shall not be construed to prohibit a school
district from conducting health screenings or invasive physical
examinations in emergent care situations or from cooperating in
a child abuse assessment commenced in accordance with section
232.71B.
Sec. 13. NEW SECTION. 279.77 Transparency — publication
of school district information.
1. Each school district shall publish all of the following
information related to the current school year on the school
district’s internet site:
a. A detailed explanation of the procedures or policies
in effect for the parent or guardian of a student enrolled in
the school district to request the removal of a book, article,
outline, handout, video, or other educational material that is
available to students in the classroom or in a library operated
by the school district. Each school district shall prominently
display the detailed explanation on the school district’s
internet site.
b. A detailed explanation of the procedures or policies in
effect to request the review of decisions made by the board
of directors of the school district, including the petition
process established pursuant to section 279.8B.
2. The board of directors of each school district shall
adopt a policy describing the procedures for the parent or
guardian of a student enrolled in the school district or a
-8-resident of the school district to review the instructional
materials used in classrooms in the school district. The
policy shall include a process for a student’s parent or
guardian to request that the student not be provided with
certain instructional materials. The policy shall be
prominently displayed on the school district’s internet site
and the board of directors of the school district shall, at
least annually, provide a written or electronic copy of the
policy to the parent or guardian of each student enrolled
in the school district. For purposes of this section,
“instructional materials” means either printed or electronic
textbooks and related core materials that are written and
published primarily for use in elementary school and secondary
school instruction and are required by a state educational
agency or local educational agency for use by students in the
student’s classes by the teacher of record. “Instructional
materials” does not include lesson plans.
3. Each school district shall make available on the school
district’s internet site a comprehensive list of all books
available to students in libraries operated by the school
district. However, for school years beginning prior to July
1, 2025, if the school district does not use an electronic
catalog, the school district may request a waiver from this
requirement from the department of education.
4. The identity of a parent or guardian who requests the
removal of a book, article, outline, handout, video, or other
educational material that is available to students in the
classroom or in a library operated by the school district
pursuant to subsection 1, paragraph “a”, shall be confidential
and shall not be a public record subject to disclosure under
chapter 22.
5. This section shall not be construed to require a school
district to do any of the following:
a. Reproduce educational materials that were not created by
a person employed by the board of directors.
-9- b. Distribute any educational materials in a manner that
would infringe on the intellectual property rights of any
person.
Sec. 14. NEW SECTION. 279.78 Parental rights in education.
1. As used in this section:
a. “Gender identity” means the same as defined in section
216.2.
b. “License” means the same as defined in section 272.1.
c. “Practitioner” means the same as defined in section
272.1.
2. A school district shall not knowingly give false or
misleading information to the parent or guardian of a student
regarding the student’s gender identity or intention to
transition to a gender that is different than the sex listed on
a student’s official birth certificate or certificate issued
upon adoption if the certificate was issued at or near the time
of the student’s birth.
3. If a student enrolled in a school district requests
an accommodation that is intended to affirm the student’s
gender identity from a licensed practitioner employed by
the school district, including a request that the licensed
practitioner address the student using a name or pronoun that
is different than the name or pronoun assigned to the student
in the school district’s registration forms or records, the
licensed practitioner shall report the student’s request
to an administrator employed by the school district, and
the administrator shall report the student’s request to the
student’s parent or guardian.
4. If, after investigation, the department of education
determines that a school district or an employee of a school
district has violated this section, the school district or
employee of the school district, as applicable, shall be
subject to the following:
a. For the first violation of this section, the department
of education shall issue a written warning to the board
-10-of directors of the school district or the employee, as
applicable.
b. (1) For a second or subsequent violation of this
section, if the department of education finds that a school
district knowingly violated this section, the superintendent of
the school district shall be subject to a hearing conducted by
the board of educational examiners pursuant to section 272.2,
subsection 14, which may result in disciplinary action.
(2) For a second or subsequent violation of this section,
if the department of education finds that an employee of
the school district who holds a license, certificate,
authorization, or statement of recognition issued by the board
of educational examiners knowingly violated this section, the
employee shall be subject to a hearing conducted by the board
of educational examiners pursuant to section 272.2, subsection
14, which may result in disciplinary action.
5. The state board of education shall adopt rules pursuant
to chapter 17A to administer this section.
Sec. 15. NEW SECTION. 279.79 Surveys — required parent or
guardian consent.
1. The board of directors of a school district must
receive the prior written consent of a student’s parent or
guardian before requiring a student to take part in any survey,
analysis, activity, or evaluation that reveals information
concerning any of the following about the student or the
student’s family, whether the information is personally
identifiable or not:
a. The political affiliations or beliefs of the student or
the student’s parent or guardian.
b. Mental or psychological problems of the student or the
student’s family.
c. Sexual behavior, orientation, or attitudes.
d. Illegal, antisocial, self-incriminating, or demeaning
behavior.
e. Critical appraisals of other individuals with whom the
-11-student has close familial relationships.
f. Legally recognized privileged or analogous relationships,
such as those of attorneys, physicians, or ministers.
g. Religious practices, affiliations, or beliefs of the
student or the student’s parent or guardian.
h. Income, except when required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such a program.
2. An employee of a school district, or a contractor engaged
by a school district, shall not answer any question pertaining
to any particular student enrolled in the school district
in any survey related to the social or emotional abilities,
competencies, or characteristics of the student, unless the
board of directors of the school district satisfies all of the
following requirements:
a. The board of directors of the school district provides to
the parent or guardian of each student enrolled in the school
district detailed information related to the survey, including
the person who created the survey, the person who sponsors the
survey, how information generated by the survey is used, and
how information generated by the survey is stored.
b. The board of directors of the school district receives
the written consent from a student’s parent or guardian
authorizing the employee or contractor to answer questions in
the survey pertaining to the student.
3. Subsection 2 shall not be construed to prohibit an
employee of a school district, or a contractor engaged by a
school district, from answering questions pertaining to any
particular student enrolled in the school district as part of
the process of developing or implementing an individualized
education program for such student.
Sec. 16. NEW SECTION. 279.80 Sexual orientation and gender
identity — prohibited instruction.
1. As used in this section:
a. “Gender identity” means the same as defined in section
-12-216.2.
b. “Sexual orientation” means the same as defined in section
216.2.
2. A school district shall not provide any program,
curriculum, test, survey, questionnaire, promotion, or
instruction relating to gender identity or sexual orientation
to students in kindergarten through grade six.
Sec. 17. NEW SECTION. 279.81 Library materials review
committee.
The board of directors of a school district shall not allow a
student to serve on any committee that determines, or provides
recommendations related to, whether a material in a library
operated by the school district should be removed.
Sec. 18. NEW SECTION. 279.82 Intra-district enrollment.
1. A parent or guardian of a student enrolled in a
school district may enroll the student in another attendance
center within the same school district that offers classes
at the student’s grade level in the manner provided in this
section if, as a result of viewing a recording created by a
video surveillance system or a report from a school district
employee, and consistent with the requirements of the federal
Family Educational Rights and Privacy Act, 20 U.S.C.§1232g,
and any regulations promulgated pursuant to that Act, the
school district determines that any student enrolled in the
school district has harassed or bullied the student. For
purposes of this subsection, “harassment” and “bullying” mean
the same as defined in section 280.28.
2. a. A parent or guardian shall send notification to
the school district, on forms prescribed by the department of
education, that the parent or guardian intends to enroll the
student in another attendance center within the same school
district that offers classes at the student’s grade level.
b. The school district shall enroll the student in another
attendance center within the same school district unless the
attendance center has insufficient classroom space for the
-13-student. If the request is granted, the school district shall
transmit a copy of the form to the parent or guardian within
five days after the school district’s action. The parent
or guardian may withdraw the request at any time prior to
the school district’s action on the request. A denial of a
request by the school district may be appealed to the board of
directors of the school district.
c. The board of directors of each school district shall
adopt a policy that defines the term “insufficient classroom
space” for that district.
3. A request under this section is for a period of not
less than one year. A student who attends school in another
attendance center pursuant to this section may return to
the original attendance center and enroll at any time, once
the parent or guardian has notified the school district in
writing of the decision to enroll the student in the original
attendance center.
4. If a request filed under this section is for a student
requiring special education under chapter 256B, the request to
transfer to another attendance center shall only be granted if
all of the following conditions are met:
a. The attendance center maintains a special education
instructional program that is appropriate to meet the student’s
educational needs and the enrollment of the student in the
attendance center would not cause the size of the class or
caseload in that special education instructional program in the
attendance center to exceed the maximum class size or caseload
established pursuant to rules adopted by the state board of
education.
b. If the student would be assigned to a general education
class, there is sufficient classroom space for the general
education class to which the student would be assigned.
5. If a student, for whom a request to transfer has been
filed with the school district, has been suspended or expelled
in the school district, the student shall not be permitted
-14-to transfer until the student has been reinstated. Once the
student has been reinstated, however, the student shall be
permitted to transfer in the same manner as if the student
had not been suspended or expelled. If a student, for whom
a request to transfer has been filed with a school district,
is expelled in the school district, the student shall be
permitted to transfer under this section if the student applies
for and is reinstated. However, if the student applies for
reinstatement but is not reinstated in the school district,
the school district may deny the request to transfer. The
decision of the school district may be appealed to the board of
directors of the school district.
6. A student who is enrolled in another attendance center
within the same school district pursuant to this section is
eligible to participate immediately in varsity interscholastic
athletic contests and athletic competitions as a member of a
team from the receiving attendance center.
7. This section shall not be construed to prohibit a
school district from allowing the parent or guardian of a
student enrolled in the school district to enroll the student
in another attendance center within the same school district
that offers classes at the student’s grade level pursuant to a
policy adopted by the board of directors of the school district
that allows for transfers for reasons in addition to those
allowed pursuant to this section.
8. The state board of education shall adopt rules pursuant
to chapter 17A to administer this section.
Sec. 19. NEW SECTION. 279.83 Notice to parents or guardians
related to physical injuries, harassment, or bullying.
After following the policy adopted by the school district
pursuant to section 280.28, subsection 3, an employee of a
school district may notify the parents or guardians of a
student enrolled in the school district in writing or by
electronic mail within twenty-four hours after the employee
witnesses, either directly or indirectly by viewing a recording
-15-created by a video surveillance system, any student enrolled
in the school district harassing or bullying the student. For
purposes of this section, “harassment” and “bullying” mean the
same as defined in section 280.28.
Sec. 20. Section 280.28, subsection 3, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0f. A procedure for reporting an
allegation of an act of harassment or bullying, including
the identification by job title of the school official
responsible for ensuring that the policy is implemented, and
the identification of the person or persons responsible for
receiving reports of allegations of harassment or bullying.
The procedure shall require a school official to notify the
parents or guardians of a student enrolled in the school
district within twenty-four hours after the school official
receives a report that the student may have been the victim of
conduct that constitutes harassment or bullying.
Sec. 21. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:
1. The section of this division of this Act enacting section
279.82.
2. The section of this division of this Act enacting section
279.83.
3. The section of this division of this Act amending section
280.28, subsection 3.
DIVISION III
private instruction and special education
Sec. 22. Section 299A.9, subsection 1, Code 2023, is amended
to read as follows:
1. A child of compulsory attendance age who is identified
as requiring special education under chapter 256B is eligible
for placement under competent private instruction with prior
approval of the placement by the director of special education
of the area education agency of the child’s district of
residence.
-16- Sec. 23. Section 299A.9, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. The parent, guardian, or legal custodian
of a child who is identified as requiring special education
may request dual enrollment pursuant to section 299A.8. The
appropriate special education services for the child shall be
determined pursuant to chapter 256B and rules adopted pursuant
to chapter 256B.
DIVISION IV
parents and guardians rights
Sec. 24. NEW SECTION. 601.1 Parents and guardians —
rights.
1. For purposes of this section:
a. “Emergent care situation” means a sudden or unforeseen
occurrence or onset of a medical or behavioral condition that
could result in serious injury or harm to a minor child in the
event immediate medical attention is not provided.
b. “Medical care” means any care, treatment, service, or
procedure to prevent, diagnose, alleviate, treat, or cure a
minor child’s physical or mental condition.
c. “Minor child” means an unmarried and unemancipated person
under the age of eighteen years.
2. Subject to section 147.164, as enacted by 2023 Iowa
Acts, Senate File 538, a parent or guardian bears the ultimate
responsibility, and has the fundamental, constitutionally
protected right, to make decisions affecting the parent’s
or guardian’s minor child, including decisions related to
the minor child’s medical care, moral upbringing, religious
upbringing, residence, education, and extracurricular
activities. Any and all restrictions of this right shall be
subject to strict scrutiny.
3. This section shall not be construed to prohibit any of
the following:
a. A minor child from receiving medical attention in an
emergent care situation.
-17- b. A person from cooperating in a child abuse assessment
commenced in accordance with section 232.71B.
c. A court from issuing an order that is permitted by law.
4. This section shall not be construed to authorize a parent
or guardian to engage in conduct that is unlawful or to abuse
or neglect a minor child in violation of the laws of this
state.
5. The rights guaranteed to parents and guardians by this
section are not a comprehensive list of the rights reserved
to parents or guardians of a minor child. The enumeration of
the rights contained in this section shall not be construed to
limit the rights reserved to parents or guardians of a minor
child.
DIVISION V
IMPLEMENTATION OF ACT
Sec. 25. IMPLEMENTATION OF ACT. Section 25B.2, subsection
3, shall not apply to this Act.
-18-______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 496, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorjda/jh/mb