Text of IA SF 496 (2023)
A bill for an act relating 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 w…
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
55,335 characters
Senate
File
496
-
Introduced
SENATE
FILE
496
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SSB
1145)
A
BILL
FOR
An
Act
relating
to
children
and
students,
including
1
establishing
a
parent’s
or
guardian’s
right
to
make
2
decisions
affecting
the
parent’s
or
guardian’s
child,
and
3
modifying
provisions
related
to
student
health
screenings
4
and
the
curriculum
in
school
districts,
accredited
nonpublic
5
schools,
and
charter
schools,
other
duties
of
the
state
6
board
of
education
and
school
districts,
competent
private
7
instruction,
and
special
education.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
9
TLSB
1274SV
(3)
90
jda/jh
S.F.
496
Section
1.
Section
256.7,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
35.
Adopt
rules
that
require
school
3
districts
and
charter
schools
to
periodically
review
the
4
materials
currently
available
in
libraries
operated
by
the
5
school
district
or
charter
school
to
determine
if
the
materials
6
constitute
or
contain
obscene
material
or
sexually
explicit
7
material.
For
purposes
of
this
subsection,
“obscene
material”
8
and
“sexually
explicit
material”
mean
the
same
as
defined
in
9
section
279.80.
10
Sec.
2.
Section
256.9,
Code
2023,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
66.
Develop
and
make
available
on
the
13
department’s
internet
site
a
comprehensive
list
of
all
14
notifications
received
pursuant
to
section
279.79,
sortable
15
by
the
book’s
title
and
author
and
the
school
districts
that
16
have
removed
the
book
from
libraries
operated
by
the
school
17
district,
classrooms,
or
any
areas
on
school
district
property.
18
The
department
shall
update
the
comprehensive
list
at
least
19
once
each
month.
20
Sec.
3.
Section
256.11,
subsections
2,
3,
and
4,
Code
2023,
21
are
amended
to
read
as
follows:
22
2.
The
kindergarten
program
shall
include
experiences
23
designed
to
develop
healthy
emotional
and
social
habits
and
24
growth
in
the
language
arts
and
communication
skills,
as
well
25
as
a
capacity
for
the
completion
of
individual
tasks,
and
26
protect
and
increase
physical
well-being
with
attention
given
27
to
experiences
relating
to
the
development
of
life
skills
and
,
28
subject
to
section
279.77,
age-appropriate
and
research-based
29
human
growth
and
development.
A
kindergarten
teacher
shall
be
30
licensed
to
teach
in
kindergarten.
An
accredited
nonpublic
31
school
must
meet
the
requirements
of
this
subsection
only
if
32
the
nonpublic
school
offers
a
kindergarten
program.
33
3.
The
following
areas
shall
be
taught
in
grades
one
through
34
six:
English-language
arts,
social
studies,
mathematics,
35
-1-
LSB
1274SV
(3)
90
jda/jh
1/
23
S.F.
496
science,
health,
age-appropriate
and
research-based
1
human
growth
and
development,
physical
education,
traffic
2
safety,
music,
and
visual
art
,
and,
subject
to
section
3
279.77,
age-appropriate
and
research-based
human
growth
and
4
development
.
Computer
science
instruction
incorporating
5
the
standards
established
under
section
256.7,
subsection
6
26
,
paragraph
“a”
,
subparagraph
(4),
shall
be
offered
in
7
at
least
one
grade
level
commencing
with
the
school
year
8
beginning
July
1,
2023.
The
health
curriculum
shall
include
9
the
characteristics
of
communicable
diseases
including
acquired
10
immune
deficiency
syndrome
.
The
state
board
as
part
of
11
accreditation
standards
shall
adopt
curriculum
definitions
for
12
implementing
the
elementary
program.
13
4.
The
following
shall
be
taught
in
grades
seven
and
14
eight:
English-language
arts;
social
studies;
mathematics;
15
science;
health;
age-appropriate
and
research-based
human
16
growth
and
development;
career
exploration
and
development;
17
physical
education;
music;
and
visual
art.
Computer
science
18
instruction
incorporating
the
standards
established
under
19
section
256.7,
subsection
26
,
paragraph
“a”
,
subparagraph
(4),
20
shall
be
offered
in
at
least
one
grade
level
commencing
with
21
the
school
year
beginning
July
1,
2023.
Career
exploration
22
and
development
shall
be
designed
so
that
students
are
23
appropriately
prepared
to
create
an
individual
career
24
and
academic
plan
pursuant
to
section
279.61
,
incorporate
25
foundational
career
and
technical
education
concepts
aligned
26
with
the
six
career
and
technical
education
service
areas
27
as
defined
in
subsection
5
,
paragraph
“h”
,
and
incorporate
28
relevant
twenty-first
century
skills.
The
health
curriculum
29
shall
include
age-appropriate
and
research-based
information
30
regarding
the
characteristics
of
sexually
transmitted
diseases
,
31
including
HPV
and
the
availability
of
a
vaccine
to
prevent
32
HPV,
and
acquired
immune
deficiency
syndrome
.
The
state
board
33
as
part
of
accreditation
standards
shall
adopt
curriculum
34
definitions
for
implementing
the
program
in
grades
seven
35
-2-
LSB
1274SV
(3)
90
jda/jh
2/
23
S.F.
496
and
eight.
However,
this
subsection
shall
not
apply
to
the
1
teaching
of
career
exploration
and
development
in
nonpublic
2
schools.
For
purposes
of
this
section
,
“age-appropriate”
,
3
“HPV”
,
and
“research-based”
mean
the
same
as
defined
in
section
4
279.50
.
5
Sec.
4.
Section
256.11,
subsection
5,
paragraph
b,
Code
6
2023,
is
amended
to
read
as
follows:
7
b.
(1)
Five
units
of
the
social
studies
including
8
instruction
in
voting
statutes
and
procedures,
voter
9
registration
requirements,
the
use
of
paper
ballots
and
voting
10
systems
in
the
election
process,
and
the
method
of
acquiring
11
and
casting
an
absentee
ballot.
All
students
shall
complete
a
12
minimum
of
one-half
unit
of
United
States
government
and
one
13
unit
of
United
States
history.
14
(2)
The
one-half
unit
of
United
States
government
shall
15
include
the
all
of
the
following:
16
(a)
The
voting
procedure
as
described
in
this
lettered
17
paragraph
and
section
280.9A
.
The
government
instruction
shall
18
also
include
a
19
(b)
A
study
of
the
Constitution
of
the
United
States
and
the
20
Bill
of
Rights
contained
in
the
Constitution
and
an
assessment
21
of
a
student’s
knowledge
of
the
Constitution
and
the
Bill
of
22
Rights.
23
(c)
(i)
An
assessment
of
the
student’s
knowledge
of
24
United
States
government
and
civics
that
includes
the
nature,
25
purpose,
structure,
function,
and
history
of
the
United
States
26
government,
the
rights
and
responsibilities
of
citizens
of
27
the
United
States,
and
important
United
States
government
and
28
civic
leaders.
The
most
recent
version
of
the
civics
test
29
developed
by
the
United
States
citizenship
and
immigration
30
services
shall
be
used
as
the
assessment
required
by
this
31
subparagraph
division.
On
or
before
June
30
of
each
year,
each
32
school
district
and
accredited
nonpublic
school
shall
submit
33
the
results
of
the
assessment
required
by
this
subparagraph
34
division
to
the
department.
35
-3-
LSB
1274SV
(3)
90
jda/jh
3/
23
S.F.
496
(ii)
The
school
district
or
accredited
nonpublic
school
1
may
modify
the
civics
test
developed
by
the
United
States
2
citizenship
and
immigration
services
for
a
student
who
has
an
3
individualized
education
program.
4
(iii)
A
student
shall
answer
at
least
seventy
percent
of
5
the
questions
on
the
civics
test
developed
by
the
United
States
6
citizenship
and
immigration
services
correctly
as
a
condition
7
of
graduation.
A
student
who
fails
to
answer
at
least
seventy
8
percent
of
the
questions
on
the
civics
test
correctly
may
9
retake
the
civics
test
as
many
times
as
necessary.
10
Sec.
5.
Section
256.11,
subsection
5,
paragraph
j,
11
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
12
(1)
One
unit
of
health
education
which
shall
include
13
personal
health;
food
and
nutrition;
environmental
health;
14
safety
and
survival
skills;
consumer
health;
family
life;
15
age-appropriate
and
research-based
human
growth
and
16
development;
substance
abuse
and
nonuse;
emotional
and
17
social
health;
health
resources;
and
prevention
and
control
18
of
disease,
including
age-appropriate
and
research-based
19
information
regarding
sexually
transmitted
diseases
,
including
20
HPV
and
the
availability
of
a
vaccine
to
prevent
HPV,
and
21
acquired
immune
deficiency
syndrome
.
22
Sec.
6.
Section
256E.7,
subsection
2,
paragraph
i,
Code
23
2023,
is
amended
to
read
as
follows:
24
i.
Be
subject
to
and
comply
with
section
279.76
relating
25
to
physical
examinations
,
and
health
screenings
,
and
formal
26
examinations
or
surveys
designed
to
assess
a
student’s
mental,
27
emotional,
or
physical
health
in
the
same
manner
as
a
school
28
district.
29
Sec.
7.
Section
256E.7,
subsection
2,
Code
2023,
is
amended
30
by
adding
the
following
new
paragraphs:
31
NEW
PARAGRAPH
.
0j.
Be
subject
to
and
comply
with
the
32
requirements
of
section
279.77
relating
to
gender
identity
and
33
sexual
activity
instruction
in
kindergarten
through
grade
six
34
in
the
same
manner
as
a
school
district.
35
-4-
LSB
1274SV
(3)
90
jda/jh
4/
23
S.F.
496
NEW
PARAGRAPH
.
00j.
Be
subject
to
and
comply
with
the
1
requirements
of
section
279.81
relating
to
student,
employee,
2
and
contractor
participation
in
surveys,
analyses,
activities,
3
or
evaluations
in
the
same
manner
as
a
school
district.
4
NEW
PARAGRAPH
.
000j.
Be
subject
to
and
comply
with
5
the
requirements
of
section
279.82
relating
to
minor
6
students
serving
on
committees
that
determine,
or
provide
7
recommendations
related
to,
whether
a
material
in
a
school
8
library
should
be
removed
because
the
material
may
constitute
9
or
contain
obscene
material
or
sexually
explicit
material
in
10
the
same
manner
as
a
school
district.
11
NEW
PARAGRAPH
.
0000j.
Be
subject
to
and
comply
with
the
12
requirements
of
section
279.83
relating
to
the
addition
of
13
materials
to
a
school
library
in
the
same
manner
as
a
school
14
district.
15
Sec.
8.
Section
256F.4,
subsection
2,
paragraph
k,
Code
16
2023,
is
amended
to
read
as
follows:
17
k.
Be
subject
to
and
comply
with
section
279.76
relating
18
to
physical
examinations
,
and
health
screenings
,
and
formal
19
examinations
or
surveys
designed
to
assess
a
student’s
mental,
20
emotional,
or
physical
health
in
the
same
manner
as
a
school
21
district.
22
Sec.
9.
Section
256F.4,
subsection
2,
Code
2023,
is
amended
23
by
adding
the
following
new
paragraphs:
24
NEW
PARAGRAPH
.
l.
Be
subject
to
and
comply
with
the
25
requirements
of
section
279.77
relating
to
gender
identity
and
26
sexual
activity
instruction
in
kindergarten
through
grade
six
27
in
the
same
manner
as
a
school
district.
28
NEW
PARAGRAPH
.
m.
Be
subject
to
and
comply
with
the
29
requirements
of
section
279.81
relating
to
student,
employee,
30
and
contractor
participation
in
surveys,
analyses,
activities,
31
or
evaluations
in
the
same
manner
as
a
school
district.
32
NEW
PARAGRAPH
.
n.
Be
subject
to
and
comply
with
33
the
requirements
of
section
279.82
relating
to
minor
34
students
serving
on
committees
that
determine,
or
provide
35
-5-
LSB
1274SV
(3)
90
jda/jh
5/
23
S.F.
496
recommendations
related
to,
whether
a
material
in
a
school
1
library
should
be
removed
because
the
material
may
constitute
2
or
contain
obscene
material
or
sexually
explicit
material
in
3
the
same
manner
as
a
school
district.
4
NEW
PARAGRAPH
.
o.
Be
subject
to
and
comply
with
the
5
requirements
of
section
279.83
relating
to
the
addition
of
6
materials
to
a
school
library
in
the
same
manner
as
a
school
7
district.
8
Sec.
10.
Section
279.50,
subsections
1
and
2,
Code
2023,
are
9
amended
to
read
as
follows:
10
1.
Each
Subject
to
section
279.77,
each
school
board
shall
11
provide
instruction
in
kindergarten
which
gives
attention
12
to
experiences
relating
to
life
skills
and
human
growth
and
13
development
as
required
in
section
256.11
.
School
districts
14
shall
use
research
provided
in
section
256.9,
subsection
46
,
15
paragraph
“b”
,
to
evaluate
and
upgrade
their
instructional
16
materials
and
teaching
strategies
for
human
growth
and
17
development.
18
2.
Each
school
board
shall
provide
age-appropriate
and
19
research-based
instruction
in
human
growth
and
development
20
including
instruction
regarding
human
sexuality,
self-esteem,
21
stress
management,
interpersonal
relationships,
domestic
22
abuse,
HPV
and
the
availability
of
a
vaccine
to
prevent
HPV,
23
and
acquired
immune
deficiency
syndrome
and
the
prevention
and
24
control
of
disease,
including
sexually
transmitted
diseases
as
25
required
in
section
256.11
,
in
grades
one
seven
through
twelve.
26
Sec.
11.
Section
279.50,
Code
2023,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
1A.
Subject
to
section
279.77,
each
29
school
board
shall
provide
age-appropriate
and
research-based
30
instruction
in
human
growth
and
development
including
31
instruction
regarding
self-esteem,
stress
management,
32
interpersonal
relationships,
and
domestic
abuse
in
grades
one
33
through
six.
34
Sec.
12.
Section
279.50,
subsection
9,
paragraphs
b
and
c,
35
-6-
LSB
1274SV
(3)
90
jda/jh
6/
23
S.F.
496
Code
2023,
are
amended
by
striking
the
paragraphs.
1
Sec.
13.
Section
279.76,
Code
2023,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
1A.
a.
Each
school
district
is
prohibited
4
from
administering
or
conducting
a
formal
examination
or
survey
5
of
a
student
that
is
designed
to
assess
the
student’s
mental,
6
emotional,
or
physical
health
that
is
not
required
by
state
or
7
federal
law
without
first
acquiring
the
written
consent
of
the
8
student’s
parent
or
guardian.
9
b.
Each
school
district
shall
give
written
notice
to
a
10
student’s
parent
or
guardian
of
an
examination
or
survey
of
11
the
student
required
by
state
or
federal
law
that
is
designed
12
to
assess
the
student’s
mental,
emotional,
or
physical
health
13
not
less
than
seven
days
prior
to
the
examination
or
survey.
14
The
notice
shall
include
a
copy
of
the
examination
or
survey
15
or
a
link
to
an
internet
site
where
the
parent
or
guardian
may
16
access
the
examination
or
survey.
17
c.
This
subsection
shall
not
apply
to
a
hearing
or
vision
18
examination.
19
Sec.
14.
NEW
SECTION
.
279.77
Gender
identity
and
sexual
20
activity
——
prohibited
instruction.
21
1.
As
used
in
this
section:
22
a.
“Gender
identity”
means
the
same
as
defined
in
section
23
216.2.
24
b.
“Sexual
activity”
means
the
same
as
defined
in
section
25
702.17.
26
2.
A
school
district
shall
not
provide
any
program,
27
curriculum,
material,
test,
survey,
questionnaire,
activity,
28
announcement,
promotion,
or
instruction
of
any
kind
relating
to
29
gender
identity
or
sexual
activity
to
students
in
kindergarten
30
through
grade
five
or
to
students
in
grade
six
when
grade
six
31
is
taught
in
an
elementary
school.
32
Sec.
15.
NEW
SECTION
.
279.78
Transparency
——
publication
33
of
school
district
information.
34
1.
Each
school
district
shall
publish
all
of
the
following
35
-7-
LSB
1274SV
(3)
90
jda/jh
7/
23
S.F.
496
information
related
to
the
current
school
year
on
the
school
1
district’s
internet
site:
2
a.
A
list
of
all
materials
that
will
be
used
to
teach
3
students
in
each
class
in
the
school
district,
sortable
by
4
subject
area,
grade
level,
and
teacher.
The
requirement
to
5
publish
a
list
of
materials
does
not
apply
to
the
extent
a
6
teacher
is
discussing
or
providing
instruction
related
to
7
current
events.
8
b.
A
comprehensive
list
of
all
persons
in
direct
contact
9
with
students
enrolled
in
the
school
district
who
contract
with
10
or
otherwise
receive
moneys
from
the
board
of
directors
of
the
11
school
district.
12
c.
A
comprehensive
list
of
all
books
available
to
students
13
in
the
classroom
and
in
libraries
operated
by
the
school
14
district.
15
d.
A
detailed
explanation
of
the
procedures
or
policies
16
in
effect
for
the
parent
or
guardian
of
a
student
enrolled
in
17
the
school
district
to
request
the
removal
of
a
book,
article,
18
outline,
handout,
video,
or
other
educational
material
that
is
19
available
to
students
in
the
classroom
or
in
a
library
operated
20
by
the
school
district.
21
e.
A
detailed
explanation
of
the
procedures
or
policies
in
22
effect
to
request
the
review
of
decisions
made
by
the
board
23
of
directors
of
the
school
district,
including
the
petition
24
process
established
pursuant
to
section
279.8B.
25
2.
Each
school
district
shall
update
the
information
26
required
to
be
published
pursuant
to
subsection
1
at
least
27
two
times
each
semester
or
at
the
start
of
each
trimester,
as
28
applicable.
29
3.
This
section
shall
not
be
construed
to
require
a
school
30
district
to
do
any
of
the
following:
31
a.
Reproduce
educational
materials
that
were
not
created
by
32
a
person
employed
by
the
board
of
directors.
33
b.
Distribute
any
educational
materials
in
a
manner
that
34
would
infringe
on
the
intellectual
property
rights
of
any
35
-8-
LSB
1274SV
(3)
90
jda/jh
8/
23
S.F.
496
person.
1
Sec.
16.
NEW
SECTION
.
279.79
Notifications
to
department
of
2
education
regarding
the
removal
of
books
from
school
library.
3
1.
As
used
in
this
section:
4
a.
“Obscene
material”
means
the
same
as
defined
in
section
5
728.1.
6
b.
“Sexually
explicit
material”
means
the
same
as
defined
7
in
section
279.80.
8
2.
If
the
board
of
directors
of
a
school
district
removes
9
a
book
from
a
library
operated
by
the
school
district,
a
10
classroom,
or
any
area
on
school
district
property
because
the
11
board
of
directors
determined
the
book
constituted
or
contained
12
obscene
material
or
sexually
explicit
material,
then
the
board
13
of
directors
shall
notify
the
department
of
education
of
the
14
removal
within
seven
days.
The
notification
shall
contain
the
15
book’s
title
and
author.
16
Sec.
17.
NEW
SECTION
.
279.80
Parental
rights
in
education.
17
1.
As
used
in
this
section:
18
a.
“Gender
identity”
means
the
same
as
defined
in
section
19
216.2.
20
b.
“Minor
child”
means
an
individual
under
eighteen
years
21
of
age.
22
c.
“Obscene
material”
means
the
same
as
defined
in
section
23
728.1.
24
d.
“Sexually
explicit
material”
means
any
material
that
25
meets
all
of
the
following
criteria:
26
(1)
Taken
as
a
whole
with
respect
to
minor
children,
the
27
material
appeals
to
the
prurient
interest
in
nudity,
sex,
or
28
excretion.
29
(2)
The
material
depicts,
describes,
or
represents,
in
a
30
patently
offensive
way
with
respect
to
what
is
suitable
for
31
minor
children,
a
sex
act,
lewd
exhibition
of
the
genitals,
32
masturbation,
excretory
functions,
bestiality,
or
oral,
anal,
33
or
vaginal
intercourse,
actual
or
simulated,
involving
humans.
34
For
purposes
of
this
subparagraph,
“lewd
exhibition
of
the
35
-9-
LSB
1274SV
(3)
90
jda/jh
9/
23
S.F.
496
genitals”
includes
any
material
depicting
genitalia
in
which
1
the
place
or
pose
of
the
person
in
the
depiction
is
sexually
2
suggestive,
any
visual
depiction
that
suggests
sexual
coyness
3
or
a
willingness
to
engage
in
sexual
activity,
or
any
visual
4
depiction
that
is
intended
or
designed
to
elicit
a
sexual
5
response
from
the
viewer.
6
(3)
Taken
as
a
whole,
the
material
lacks
serious
literary,
7
artistic,
political,
or
scientific
value
as
to
the
youngest
8
minor
child
with
reasonable
access
to
the
material.
For
9
purposes
of
this
subparagraph,
material
lacks
serious
literary,
10
artistic,
political,
or
scientific
value
as
to
minor
children
11
if
the
material
contains
material
described
in
subparagraphs
12
(1)
and
(2)
when
substantially
similar
material
is
readily
13
available
to
minor
children
that
does
not
contain
material
14
described
in
subparagraphs
(1)
and
(2)
but
that
conveys
a
15
substantially
similar
message
or
viewpoint.
16
e.
“Visual
depiction”
includes
any
picture,
slide,
17
photograph,
digital
or
electronic
image,
negative
image,
18
undeveloped
film,
motion
picture,
videotape,
digital
or
19
electronic
recording,
live
transmission,
or
any
other
pictorial
20
or
three-dimensional
representation.
21
2.
a.
Each
school
district
shall
immediately
notify
the
22
parent
or
guardian
of
a
minor
child
enrolled
in
the
school
23
district
if
any
employee
of
the
school
district
reasonably
24
believes
that
the
minor
child
has
expressed
a
gender
identity
25
that
is
different
than
the
biological
sex
listed
on
the
minor
26
child’s
official
birth
certificate
or
certificate
issued
upon
27
adoption
if
the
certificate
was
issued
at
or
near
the
time
of
28
the
minor
child’s
birth.
29
b.
Notwithstanding
paragraph
“a”
,
if
a
school
district
30
determines
based
on
actual
threats
to
the
health,
safety,
or
31
welfare
of
a
minor
child
enrolled
in
the
school
district
that
32
notifying
the
parent
or
guardian
of
the
minor
child
pursuant
33
to
paragraph
“a”
may
result
in
serious
harm
to
the
minor
child,
34
the
school
district
shall
not
notify
the
parent
or
guardian
and
35
-10-
LSB
1274SV
(3)
90
jda/jh
10/
23
S.F.
496
shall
instead
immediately
report
the
school
district’s
safety
1
concerns
to
the
department
of
health
and
human
services
so
that
2
the
department
may
determine
whether
the
minor
child
is
a
child
3
in
need
of
assistance
under
chapter
232.
4
3.
The
parent
or
guardian
of
a
minor
child
enrolled
in
5
a
school
district
may
access
and
review
all
school
records
6
related
to
the
minor
child,
including
teacher
evaluations
of
7
the
minor
child
and
associated
notes,
evaluation
information,
8
and
documents
created
by
the
minor
child,
unless
chapter
9
232,
subchapter
III,
part
2,
prohibits
the
record
from
being
10
disclosed.
11
4.
A
school
district
must
receive
the
prior
written
consent
12
of
a
minor
child’s
parent
or
guardian
before
allowing
a
minor
13
child
enrolled
in
the
school
district
to
check
out
or
access
14
any
book
that
is
on
the
list
maintained
by
the
department
of
15
education
pursuant
to
section
256.9,
subsection
66.
16
5.
A
school
district
must
receive
the
prior
written
consent
17
of
the
parent
or
guardian
of
a
minor
child
enrolled
in
the
18
school
district
before
allowing
any
employee
of
the
school
19
district
to
address
the
minor
child
using
a
name
or
a
pronoun
20
that
does
not
correspond
to
the
biological
sex
that
is
listed
21
on
the
minor
child’s
official
birth
certificate
or
certificate
22
issued
upon
adoption
if
the
certificate
was
issued
at
or
near
23
the
time
of
the
minor
child’s
birth.
24
6.
A
school
district
shall
not
require
any
minor
child
25
enrolled
in
the
school
district
to
engage
in
any
activity
or
26
instruction
provided
by
a
guest
lecturer
or
outside
presenter,
27
or
any
activity
or
instruction
that
involves
obscene
material
28
or
sexually
explicit
material,
without
providing
the
parent
29
or
guardian
of
a
minor
child
enrolled
in
the
school
district
30
with
notice
at
least
seven
days
prior
to
the
activity
or
31
instruction.
A
school
district
shall
not
allow
a
minor
32
child
enrolled
in
the
school
district
to
engage
in
the
33
activity
or
instruction
unless
the
minor
child’s
parent
or
34
guardian
provides
notice
to
the
school
district
requesting
35
-11-
LSB
1274SV
(3)
90
jda/jh
11/
23
S.F.
496
that
the
minor
child
be
allowed
to
engage
in
the
activity
1
or
instruction.
The
notice
shall
describe
how
to
request
2
that
a
minor
child
be
allowed
to
engage
in
the
activity
or
3
instruction.
4
7.
If,
after
investigation,
the
department
of
education
5
determines
that
a
school
district
or
an
employee
of
a
school
6
district
has
violated
this
section,
the
school
district
or
7
employee
of
the
school
district,
as
applicable,
shall
be
8
subject
to
the
following:
9
a.
For
the
first
violation
of
this
section,
the
department
10
of
education
shall
issue
a
written
warning
to
the
board
11
of
directors
of
the
school
district
or
the
employee,
as
12
applicable.
13
b.
(1)
For
a
second
or
subsequent
violation
of
this
14
section,
if
the
department
of
education
finds
that
a
school
15
district
knowingly
violated
this
section,
the
superintendent
of
16
the
school
district
shall
be
subject
to
a
hearing
conducted
by
17
the
board
of
educational
examiners
pursuant
to
section
272.2,
18
subsection
14,
which
may
result
in
disciplinary
action.
19
(2)
For
a
second
or
subsequent
violation
of
this
section,
20
if
the
department
of
education
finds
that
an
employee
of
21
the
school
district
who
holds
a
license,
certificate,
22
authorization,
or
statement
of
recognition
issued
by
the
board
23
of
educational
examiners
under
chapter
272
knowingly
violated
24
this
section,
the
employee
shall
be
subject
to
a
hearing
25
conducted
by
the
board
of
educational
examiners
pursuant
to
26
section
272.2,
subsection
14,
which
may
result
in
disciplinary
27
action.
28
8.
The
state
board
of
education
shall
adopt
rules
pursuant
29
to
chapter
17A
to
administer
this
section.
30
Sec.
18.
NEW
SECTION
.
279.81
Protection
of
student
rights.
31
1.
The
board
of
directors
of
a
school
district
must
32
receive
the
prior
written
consent
of
a
student’s
parent
or
33
guardian
before
requiring
a
student
to
take
part
in
any
survey,
34
analysis,
activity,
or
evaluation
that
reveals
information
35
-12-
LSB
1274SV
(3)
90
jda/jh
12/
23
S.F.
496
concerning
any
of
the
following
about
the
student
or
the
1
student’s
family,
whether
the
information
is
personally
2
identifiable
or
not:
3
a.
The
political
affiliations
or
beliefs
of
the
student
or
4
the
student’s
parent
or
guardian.
5
b.
Mental
or
psychological
problems
of
the
student
or
the
6
student’s
family.
7
c.
Sexual
behavior,
orientation,
or
attitudes.
8
d.
Illegal,
antisocial,
self-incriminating,
or
demeaning
9
behavior.
10
e.
Critical
appraisals
of
other
individuals
with
whom
the
11
student
has
close
familial
relationships.
12
f.
Legally
recognized
privileged
or
analogous
relationships,
13
such
as
those
of
attorneys,
physicians,
or
ministers.
14
g.
Religious
practices,
affiliations,
or
beliefs
of
the
15
student
or
the
student’s
parent
or
guardian.
16
h.
Income,
except
when
required
by
law
to
determine
17
eligibility
for
participation
in
a
program
or
for
receiving
18
financial
assistance
under
such
a
program.
19
2.
An
employee
of
a
school
district,
or
a
contractor
engaged
20
by
a
school
district,
shall
not
answer
any
question
pertaining
21
to
any
particular
student
enrolled
in
the
school
district
22
in
any
survey
related
to
the
social
or
emotional
abilities,
23
competencies,
or
characteristics
of
the
student,
unless
the
24
board
of
directors
of
the
school
district
satisfies
all
of
the
25
following
requirements:
26
a.
The
board
of
directors
of
the
school
district
provides
to
27
the
parent
or
guardian
of
each
student
enrolled
in
the
school
28
district
detailed
information
related
to
the
survey,
including
29
the
person
who
created
the
survey,
the
person
who
sponsors
the
30
survey,
how
information
generated
by
the
survey
is
used,
and
31
how
information
generated
by
the
survey
is
stored.
32
b.
The
board
of
directors
of
the
school
district
receives
33
the
written
consent
from
a
student’s
parent
or
guardian
34
authorizing
the
employee
or
contractor
to
answer
questions
in
35
-13-
LSB
1274SV
(3)
90
jda/jh
13/
23
S.F.
496
the
survey
pertaining
to
the
student.
1
Sec.
19.
NEW
SECTION
.
279.82
Library
materials
review
2
committee.
3
1.
For
purposes
of
this
section:
4
a.
“Obscene
material”
means
the
same
as
defined
in
section
5
728.1.
6
b.
“Sexually
explicit
material”
means
the
same
as
defined
7
in
section
279.80.
8
2.
The
board
of
directors
of
a
school
district
shall
not
9
allow
a
minor
student
serving
on
any
committee
that
determines,
10
or
provides
recommendations
related
to,
whether
a
material
in
a
11
library
operated
by
the
school
district
should
be
removed
to
12
view
the
material
being
considered
for
removal
if
the
material
13
is
being
considered
for
removal
because
it
may
constitute
14
obscene
material
or
sexually
explicit
material.
15
Sec.
20.
NEW
SECTION
.
279.83
Addition
of
materials
to
16
school
library.
17
1.
As
used
in
this
section:
18
a.
“Obscene
material”
means
the
same
as
defined
in
section
19
728.1.
20
b.
“Sexually
explicit
material”
means
the
same
as
defined
21
in
section
279.80.
22
2.
A
school
district
shall
not
add
new
material
to
a
library
23
operated
by
the
school
district
unless
the
board
of
directors
24
of
the
school
district
has
formally
approved
the
material
and
25
determined
that
the
material
does
not
constitute
or
contain
26
obscene
material
or
sexually
explicit
material.
27
Sec.
21.
Section
299A.9,
subsection
1,
Code
2023,
is
amended
28
to
read
as
follows:
29
1.
A
child
of
compulsory
attendance
age
who
is
identified
30
as
requiring
special
education
under
chapter
256B
is
eligible
31
for
placement
under
competent
private
instruction
with
prior
32
approval
of
the
placement
by
the
director
of
special
education
33
of
the
area
education
agency
of
the
child’s
district
of
34
residence
.
35
-14-
LSB
1274SV
(3)
90
jda/jh
14/
23
S.F.
496
Sec.
22.
Section
299A.9,
Code
2023,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
3.
The
parent,
guardian,
or
legal
custodian
3
of
a
child
who
is
identified
as
requiring
special
education
4
may
request
dual
enrollment
pursuant
to
section
299A.8.
The
5
appropriate
special
education
services
for
the
child
shall
be
6
determined
pursuant
to
chapter
256B
and
rules
adopted
pursuant
7
to
chapter
256B.
8
Sec.
23.
NEW
SECTION
.
601.1
Parents
and
guardians
——
9
rights.
10
1.
For
purposes
of
this
section:
11
a.
“Emergent
care
situation”
means
a
sudden
or
unforeseen
12
occurrence
or
onset
of
a
medical
or
behavioral
condition
that
13
could
result
in
serious
injury
or
harm
to
a
minor
child
in
the
14
event
immediate
medical
attention
is
not
provided.
15
b.
“Medical
care”
means
any
care,
treatment,
service,
or
16
procedure
to
prevent,
diagnose,
alleviate,
treat,
or
cure
a
17
minor
child’s
physical
or
mental
condition.
18
c.
“Minor
child”
means
an
unmarried
and
unemancipated
person
19
under
the
age
of
eighteen
years.
20
2.
A
parent
or
guardian
bears
the
ultimate
responsibility,
21
and
has
the
constitutionally
protected
right,
to
make
decisions
22
affecting
the
parent’s
or
guardian’s
minor
child,
including
23
decisions
related
to
the
minor
child’s
medical
care,
moral
24
upbringing,
religious
upbringing,
residence,
education,
and
25
extracurricular
activities.
26
3.
This
section
shall
not
be
construed
to
prohibit
a
minor
27
child
from
receiving
medical
attention
in
an
emergent
care
28
situation.
29
4.
This
section
shall
not
be
construed
to
prohibit
a
person
30
from
cooperating
in
a
child
abuse
assessment
commenced
in
31
accordance
with
section
232.71B.
32
5.
The
rights
guaranteed
to
parents
and
guardians
by
this
33
section
are
not
a
comprehensive
list
of
the
rights
reserved
34
to
parents
or
guardians
of
a
minor
child.
The
enumeration
of
35
-15-
LSB
1274SV
(3)
90
jda/jh
15/
23
S.F.
496
the
rights
contained
in
this
section
shall
not
be
construed
to
1
limit
the
rights
reserved
to
parents
or
guardians
of
a
minor
2
child.
3
Sec.
24.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
4
3,
shall
not
apply
to
this
Act.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
children
and
students,
including
9
establishing
a
parent’s
or
guardian’s
right
to
make
decisions
10
affecting
the
parent’s
or
guardian’s
child
and
modifying
11
provisions
related
to
student
health
screenings
and
the
12
curriculum
in
school
districts,
accredited
nonpublic
schools,
13
and
charter
schools,
other
duties
of
the
state
board
of
14
education
and
school
districts,
competent
private
instruction,
15
and
special
education.
16
The
bill
requires
the
state
board
of
education
to
adopt
17
rules
that
require
school
districts
and
charter
schools
to
18
periodically
review
the
materials
available
in
school
libraries
19
to
determine
if
the
materials
constitute
or
contain
obscene
20
material
or
sexually
explicit
material.
21
The
bill
prohibits
instruction
related
to
gender
identity
22
and
sexual
activity
in
school
districts,
accredited
nonpublic
23
schools,
charter
schools,
and
innovation
zone
schools
in
24
kindergarten
through
grade
five
and
to
students
in
grade
six
25
when
grade
six
is
taught
in
an
elementary
school.
The
bill
26
makes
conforming
changes
to
Code
sections
256.11
(educational
27
standards)
and
279.50
(human
growth
and
development
28
instruction)
and
provides
that
human
growth
and
development
29
instruction
provided
to
students
in
kindergarten
through
grade
30
five,
and
grade
six
when
sixth
grade
is
taught
in
an
elementary
31
school,
shall
not
include
any
program,
curriculum,
material,
32
test,
survey,
questionnaire,
activity,
announcement,
promotion,
33
or
instruction
of
any
kind
relating
to
gender
identity
or
34
sexual
activity.
35
-16-
LSB
1274SV
(3)
90
jda/jh
16/
23
S.F.
496
The
bill
strikes
the
requirement
that
the
health
curriculum
1
provided
in
school
districts,
accredited
nonpublic
schools,
2
and
charter
schools
in
grades
1
through
12
include
instruction
3
related
to
the
characteristics
of
acquired
immune
deficiency
4
syndrome
and
makes
conforming
changes
to
Code
section
279.50
5
(human
growth
and
development
instruction).
The
bill
also
6
strikes
the
requirement
that
the
health
curriculum
provided
in
7
school
districts,
accredited
nonpublic
schools,
and
charter
8
schools
in
grades
7
through
12
include
instruction
related
to
9
human
papilloma
virus
(HPV)
and
the
availability
of
a
vaccine
10
to
prevent
HPV
and
makes
conforming
changes
to
Code
section
11
279.50.
The
bill
makes
conforming
changes.
12
The
bill
requires
the
human
growth
and
development
13
instruction
provided
in
the
kindergarten
program
to
be
both
14
age-appropriate
and
research-based.
15
Under
current
law,
the
educational
program
established
16
pursuant
to
Code
section
256.11
is
required
to
include,
in
17
grades
9
through
12,
five
units
of
social
studies,
one-half
18
unit
of
which
is
to
consist
of
instruction
in
United
States
19
government.
The
bill
provides
that
this
one-half
unit
of
20
United
States
government
shall
include
an
assessment
of
the
21
student’s
knowledge
of
United
States
government
and
civics.
22
The
bill
provides
that
the
most
recent
version
of
the
civics
23
test
developed
by
the
United
States
citizenship
and
immigration
24
services
shall
be
used
as
the
assessment.
The
bill
requires
25
each
school
district
and
accredited
nonpublic
school
to
submit
26
the
results
of
the
civics
test
to
the
department
of
education
27
by
June
30
of
each
year.
The
bill
authorizes
a
school
district
28
or
accredited
nonpublic
school
to
modify
the
civics
test
for
29
a
student
who
has
an
individualized
education
program.
The
30
bill
provides
that
a
student
must
answer
at
least
70
percent
31
of
the
questions
correctly
on
the
civics
test
as
a
condition
32
of
graduation.
The
bill
authorizes
a
student
who
fails
to
33
answer
at
least
70
percent
of
the
questions
on
the
civics
test
34
correctly
to
retake
the
civics
test.
35
-17-
LSB
1274SV
(3)
90
jda/jh
17/
23
S.F.
496
The
bill
prohibits
school
districts,
charter
schools,
and
1
innovation
zone
schools
from
administering
or
conducting
a
2
formal
examination
or
survey
of
a
student
that
is
designed
to
3
assess
the
student’s
mental,
emotional,
or
physical
health
4
that
is
not
required
by
state
or
federal
law,
without
first
5
acquiring
the
written
consent
of
the
student’s
parent
or
6
guardian.
This
provision
applies
only
to
a
minor
child
in
the
7
direct
care
of
a
parent
or
guardian,
and
does
not
apply
to
8
an
emancipated
minor
or
a
minor
who
is
not
residing
with
the
9
parent
or
guardian.
The
bill
provides
that
this
provision
does
10
not
apply
to
a
hearing
or
vision
examination.
11
The
bill
requires
school
districts,
charter
schools,
and
12
innovation
zone
schools
to
give
written
notice
to
a
student’s
13
parent
or
guardian
of
an
examination
or
survey
of
the
student
14
required
by
state
or
federal
law
that
is
designed
to
assess
15
the
student’s
mental,
emotional,
or
physical
health
not
less
16
than
seven
days
prior
to
the
examination
or
survey.
The
bill
17
requires
the
notice
to
contain
a
copy
of
the
examination
18
or
survey.
This
provision
applies
only
to
the
parents
or
19
guardians
of
a
minor
child
who
is
in
the
direct
care
of
20
the
parent
or
guardian,
and
does
not
apply
to
the
parents
21
or
guardians
of
an
emancipated
minor
or
a
minor
who
is
not
22
residing
with
the
parent
or
guardian.
The
bill
provides
23
that
this
provision
does
not
apply
to
a
hearing
or
vision
24
examination.
25
The
bill
requires
each
school
district
to
publish
all
of
the
26
following
information
related
to
the
current
school
year
on
27
the
school
district’s
internet
site:
a
list
of
all
materials
28
that
will
be
used
to
teach
students
in
each
class
in
the
school
29
district;
a
list
of
all
persons
in
direct
contact
with
students
30
enrolled
in
the
school
district
who
contract
with
or
otherwise
31
receive
moneys
from
the
board
of
directors
of
the
school
32
district;
a
list
of
all
books
available
to
students
in
the
33
classroom
and
in
libraries
operated
by
the
school
district;
a
34
detailed
explanation
of
the
procedures
in
effect
for
the
parent
35
-18-
LSB
1274SV
(3)
90
jda/jh
18/
23
S.F.
496
or
guardian
of
a
student
enrolled
in
the
school
district
to
1
request
the
removal
of
educational
material
that
is
available
2
to
students
in
the
classroom
or
in
a
library
operated
by
the
3
school
district;
and
a
detailed
explanation
of
the
procedures
4
in
effect
to
request
the
review
of
decisions
made
by
the
board
5
of
directors
of
the
school
district.
The
bill
also
requires
6
each
school
district
to
update
this
information
at
least
two
7
times
each
semester
or
at
the
start
of
each
trimester,
as
8
applicable.
9
The
bill
requires
each
school
district
to
notify
the
10
department
of
education
that
the
board
of
directors
of
the
11
school
district
has
removed
a
book
from
a
library
operated
12
by
the
school
district,
a
classroom,
or
any
area
on
school
13
district
property
within
seven
days
after
removal
if
the
book
14
was
removed
because
the
board
determined
the
book
constituted
15
or
contained
obscene
material
or
sexually
explicit
material.
16
The
bill
also
requires
the
department
to
make
available
on
17
the
department’s
internet
site,
and
update
at
least
monthly,
18
a
comprehensive
list
(removal
list)
of
all
of
these
notices,
19
sortable
by
the
book’s
title
and
author
and
the
school
20
districts
that
have
removed
the
book
from
libraries
operated
21
by
the
school
district,
classrooms,
or
any
areas
on
school
22
property.
23
The
bill
enacts
new
Code
section
279.80,
which
requires
a
24
school
district
to
immediately
notify
the
parent
or
guardian
25
of
a
minor
child
enrolled
in
the
school
district
if
any
26
employee
of
the
school
district
reasonably
believes
the
27
minor
child
has
expressed
a
gender
identity
that
is
different
28
than
the
biological
sex
listed
on
the
minor
child’s
official
29
birth
certificate
or
certificate
issued
upon
adoption
if
the
30
certificate
was
issued
at
or
near
the
time
of
the
minor
child’s
31
birth.
The
bill
provides
that,
notwithstanding
this
provision,
32
if
a
school
district
determines
based
on
actual
threats
to
33
safety
of
the
minor
child
that
notifying
the
parent
or
guardian
34
may
result
in
serious
harm
to
the
minor
child,
the
school
35
-19-
LSB
1274SV
(3)
90
jda/jh
19/
23
S.F.
496
district
shall
not
notify
the
parent
or
guardian
and
shall
1
immediately
report
the
school
district’s
safety
concerns
to
the
2
department
of
health
and
human
services
so
that
the
department
3
may
determine
whether
the
minor
child
is
a
child
in
need
of
4
assistance
under
Code
chapter
232
(juvenile
justice).
5
New
Code
section
279.80
authorizes
the
parent
or
guardian
6
of
a
minor
child
enrolled
in
a
school
district
to
access
7
and
review
all
school
records
related
to
the
minor
child
8
unless
Code
chapter
232,
subchapter
III,
part
2
(child
abuse
9
reporting,
assessment,
and
rehabilitation),
prohibits
the
10
record
from
being
disclosed.
11
New
Code
section
279.80
provides
that
a
school
district
must
12
receive
the
prior
written
consent
of
a
minor
child’s
parent
or
13
guardian
before
allowing
a
minor
child
enrolled
in
the
school
14
district
to
check
out
or
access
any
book
that
is
on
the
removal
15
list.
16
New
Code
section
279.80
provides
that
a
school
district
must
17
receive
the
prior
written
consent
of
the
parent
or
guardian
of
18
a
minor
child
enrolled
in
the
school
district
before
allowing
19
any
employee
of
the
school
district
to
address
the
minor
child
20
using
a
name
or
a
pronoun
that
does
not
correspond
to
the
21
biological
sex
that
is
listed
on
the
minor
child’s
official
22
birth
certificate
or
certificate
issued
upon
adoption
if
the
23
certificate
was
issued
at
or
near
the
time
of
the
minor
child’s
24
birth.
25
New
Code
section
279.80
prohibits
a
school
district
from
26
requiring
any
minor
child
enrolled
in
the
school
district
to
27
engage
in
any
activity
or
instruction
provided
by
a
guest
28
lecturer
or
outside
presenter,
or
any
activity
or
instruction
29
that
involves
obscene
material
or
sexually
explicit
material,
30
without
providing
the
minor
child’s
parent
or
guardian
31
with
notice
at
least
seven
days
prior
to
the
activity
or
32
instruction.
New
Code
section
279.80
also
prohibits
a
33
school
district
from
allowing
a
minor
child
to
engage
in
the
34
activity
or
instruction
unless
the
minor
child’s
parent
or
35
-20-
LSB
1274SV
(3)
90
jda/jh
20/
23
S.F.
496
guardian
provides
notice
to
the
school
district
requesting
1
that
the
minor
child
be
allowed
to
engage
in
the
activity
or
2
instruction.
3
The
bill
establishes
enforcement
mechanisms
applicable
4
to
school
districts
and
school
district
employees
in
the
5
event
of
a
violation
of
new
Code
section
279.80,
including
6
written
warnings
and
hearings
before
the
board
of
educational
7
examiners.
8
The
bill
requires
the
state
board
of
education
to
adopt
rules
9
to
administer
new
Code
section
279.80.
10
The
bill
requires
school
districts,
charter
schools,
and
11
innovation
zone
schools
to
receive
the
prior
written
consent
12
of
a
student’s
parent
or
guardian
before
requiring
a
student
13
to
take
part
in
any
survey,
analysis,
activity,
or
evaluation
14
that
reveals
information
related
to
political
affiliations
15
of
the
student
or
student’s
parent
or
guardian;
mental
or
16
psychological
problems
of
the
student
or
the
student’s
17
family;
sexual
behavior,
orientation,
or
attitudes;
illegal,
18
antisocial,
self-incriminating,
or
demeaning
behavior;
critical
19
appraisals
of
individuals
with
whom
the
student
has
close
20
familial
relationships;
legally
recognized
privileged
or
21
analogous
relationships;
religious
practices,
affiliations,
22
or
beliefs
of
the
student
or
student’s
parent
or
guardian;
or
23
income,
except
as
required
by
law
to
determine
eligibility
24
for
a
program.
The
requirement
applies
whether
or
not
the
25
information
is
personally
identifiable.
26
The
bill
prohibits
an
employee
or
contractor
of
a
school
27
district,
charter
school,
or
innovation
zone
school,
from
28
answering
any
question
pertaining
to
any
particular
student
29
enrolled
in
the
school
district,
charter
school,
or
innovation
30
zone
school
in
any
survey
related
to
the
social
or
emotional
31
abilities,
competencies,
or
characteristics
of
the
student,
32
unless
the
school
district,
charter
school,
or
innovation
zone
33
school
provides
to
the
parent
or
guardian
of
each
student
34
detailed
information
related
to
the
survey
and
receives
the
35
-21-
LSB
1274SV
(3)
90
jda/jh
21/
23
S.F.
496
written
consent
from
a
student’s
parent
or
guardian
authorizing
1
the
employee
or
contractor
to
answer
questions
in
the
survey
2
pertaining
to
the
student.
3
The
bill
prohibits
school
districts,
charter
schools,
and
4
innovation
zone
schools
from
allowing
a
minor
to
serve
on
any
5
committee
that
determines,
or
provides
recommendations
related
6
to,
whether
a
material
in
a
library
operated
by
the
school
7
should
be
removed
to
view
the
material
being
considered
for
8
removal
if
the
material
is
being
considered
for
removal
because
9
it
may
constitute
or
contain
obscene
material
or
sexually
10
explicit
material.
11
The
bill
prohibits
school
districts,
charter
schools,
12
and
innovation
zone
schools
from
adding
new
material
to
a
13
library
operated
by
the
school
unless
the
board
of
directors
14
or
governing
board
has
formally
approved
the
material
and
15
determined
that
the
material
does
not
constitute
or
contain
16
obscene
material
or
sexually
explicit
material.
17
The
bill
provides
that
a
child
of
compulsory
attendance
age
18
who
is
identified
as
requiring
special
education
is
eligible
19
for
placement
under
competent
private
instruction
without
prior
20
approval
of
the
placement
by
the
director
of
special
education
21
of
an
area
education
agency.
The
bill
also
provides
that
a
22
child
who
is
identified
as
requiring
special
education
may
23
request
dual
enrollment
and
the
appropriate
special
education
24
services
for
the
child
shall
be
determined
pursuant
to
Code
25
chapter
256B
(special
education).
26
The
bill
enacts
new
Code
section
601.1,
which
provides
that
27
a
parent
or
guardian
bears
the
ultimate
responsibility
to
make
28
decisions
affecting
the
parent’s
or
guardian’s
minor
child,
29
including
decisions
related
to
the
minor
child’s
medical
care,
30
moral
upbringing,
religious
upbringing,
residence,
education,
31
and
extracurricular
activities.
32
The
bill
provides
that
new
Code
section
601.1
shall
not
be
33
construed
to
prohibit
a
minor
child
from
receiving
medical
34
attention
in
an
emergent
care
situation
or
to
prohibit
a
person
35
-22-
LSB
1274SV
(3)
90
jda/jh
22/
23
S.F.
496
from
cooperating
in
a
child
abuse
assessment.
1
The
bill
may
include
a
state
mandate
as
defined
in
Code
2
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
3
subsection
3,
which
would
relieve
a
political
subdivision
from
4
complying
with
a
state
mandate
if
funding
for
the
cost
of
5
the
state
mandate
is
not
provided
or
specified.
Therefore,
6
political
subdivisions
are
required
to
comply
with
any
state
7
mandate
included
in
the
bill.
8
-23-
LSB
1274SV
(3)
90
jda/jh
23/
23
As enrolled or final
41,363 characters
Senate
File
496
-
Enrolled
Senate
File
496
AN
ACT
RELATING
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:
Senate
File
496,
p.
2
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,
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
Senate
File
496,
p.
3
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
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
Senate
File
496,
p.
4
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
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
Senate
File
496,
p.
5
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
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
Senate
File
496,
p.
6
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
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.
Senate
File
496,
p.
7
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
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
Senate
File
496,
p.
8
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.
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.
Senate
File
496,
p.
9
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
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.
b.
Distribute
any
educational
materials
in
a
manner
that
Senate
File
496,
p.
10
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
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
Senate
File
496,
p.
11
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
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
Senate
File
496,
p.
12
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
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.
Senate
File
496,
p.
13
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
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.
Senate
File
496,
p.
14
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
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
Senate
File
496,
p.
15
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
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.
Senate
File
496,
p.
16
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
.
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
Senate
File
496,
p.
17
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.
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.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
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
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor