Bill Text: IA HSB222 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: 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, modifying provisions related to student health screenings and the curriculum in school districts, accredited nonpublic schools, and charter schools, other duties of school districts, competent private instruction, and special education, making appropriations, and providing civil penalties.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-02 - Subcommittee recommends passage. Vote Total: 2-0. [HSB222 Detail]
Download: Iowa-2023-HSB222-Introduced.html
House
Study
Bill
222
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
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,
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
school
6
districts,
competent
private
instruction,
and
special
7
education,
making
appropriations,
and
providing
civil
8
penalties.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
256.9,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
66.
Develop
and
make
available
on
the
3
department’s
internet
site
a
comprehensive
list
of
all
4
notifications
received
pursuant
to
section
279.79,
sortable
5
by
the
book’s
title
and
author
and
the
school
districts
that
6
have
removed
the
book
from
libraries
operated
by
the
school
7
district,
classrooms,
or
any
areas
on
school
district
property.
8
The
department
shall
update
the
comprehensive
list
at
least
9
once
each
month.
10
Sec.
2.
Section
256.11,
subsections
2,
3,
and
4,
Code
2023,
11
are
amended
to
read
as
follows:
12
2.
The
kindergarten
program
shall
include
experiences
13
designed
to
develop
healthy
emotional
and
social
habits
and
14
growth
in
the
language
arts
and
communication
skills,
as
well
15
as
a
capacity
for
the
completion
of
individual
tasks,
and
16
protect
and
increase
physical
well-being
with
attention
given
17
to
experiences
relating
to
the
development
of
life
skills
and
,
18
subject
to
section
279.77,
age-appropriate
and
research-based
19
human
growth
and
development.
A
kindergarten
teacher
shall
be
20
licensed
to
teach
in
kindergarten.
An
accredited
nonpublic
21
school
must
meet
the
requirements
of
this
subsection
only
if
22
the
nonpublic
school
offers
a
kindergarten
program.
23
3.
The
following
areas
shall
be
taught
in
grades
one
through
24
six:
English-language
arts,
social
studies,
mathematics,
25
science,
health,
age-appropriate
and
research-based
26
human
growth
and
development,
physical
education,
traffic
27
safety,
music,
and
visual
art
,
and,
subject
to
section
28
279.77,
age-appropriate
and
research-based
human
growth
and
29
development
.
Computer
science
instruction
incorporating
30
the
standards
established
under
section
256.7,
subsection
31
26
,
paragraph
“a”
,
subparagraph
(4),
shall
be
offered
in
32
at
least
one
grade
level
commencing
with
the
school
year
33
beginning
July
1,
2023.
The
health
curriculum
shall
include
34
the
characteristics
of
communicable
diseases
including
acquired
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immune
deficiency
syndrome
.
The
state
board
as
part
of
1
accreditation
standards
shall
adopt
curriculum
definitions
for
2
implementing
the
elementary
program.
3
4.
The
following
shall
be
taught
in
grades
seven
and
4
eight:
English-language
arts;
social
studies;
mathematics;
5
science;
health;
age-appropriate
and
research-based
human
6
growth
and
development;
career
exploration
and
development;
7
physical
education;
music;
and
visual
art.
Computer
science
8
instruction
incorporating
the
standards
established
under
9
section
256.7,
subsection
26
,
paragraph
“a”
,
subparagraph
(4),
10
shall
be
offered
in
at
least
one
grade
level
commencing
with
11
the
school
year
beginning
July
1,
2023.
Career
exploration
12
and
development
shall
be
designed
so
that
students
are
13
appropriately
prepared
to
create
an
individual
career
14
and
academic
plan
pursuant
to
section
279.61
,
incorporate
15
foundational
career
and
technical
education
concepts
aligned
16
with
the
six
career
and
technical
education
service
areas
17
as
defined
in
subsection
5
,
paragraph
“h”
,
and
incorporate
18
relevant
twenty-first
century
skills.
The
health
curriculum
19
shall
include
age-appropriate
and
research-based
information
20
regarding
the
characteristics
of
sexually
transmitted
diseases
,
21
including
HPV
and
the
availability
of
a
vaccine
to
prevent
22
HPV,
and
acquired
immune
deficiency
syndrome
.
The
state
board
23
as
part
of
accreditation
standards
shall
adopt
curriculum
24
definitions
for
implementing
the
program
in
grades
seven
25
and
eight.
However,
this
subsection
shall
not
apply
to
the
26
teaching
of
career
exploration
and
development
in
nonpublic
27
schools.
For
purposes
of
this
section
,
“age-appropriate”
,
28
“HPV”
,
and
“research-based”
mean
the
same
as
defined
in
section
29
279.50
.
30
Sec.
3.
Section
256.11,
subsection
5,
paragraph
b,
Code
31
2023,
is
amended
to
read
as
follows:
32
b.
(1)
Five
units
of
the
social
studies
including
33
instruction
in
voting
statutes
and
procedures,
voter
34
registration
requirements,
the
use
of
paper
ballots
and
voting
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systems
in
the
election
process,
and
the
method
of
acquiring
1
and
casting
an
absentee
ballot.
All
students
shall
complete
a
2
minimum
of
one-half
unit
of
United
States
government
and
one
3
unit
of
United
States
history.
4
(2)
The
one-half
unit
of
United
States
government
shall
5
include
the
all
of
the
following:
6
(a)
The
voting
procedure
as
described
in
this
lettered
7
paragraph
and
section
280.9A
.
The
government
instruction
shall
8
also
include
a
9
(b)
A
study
of
the
Constitution
of
the
United
States
and
the
10
Bill
of
Rights
contained
in
the
Constitution
and
an
assessment
11
of
a
student’s
knowledge
of
the
Constitution
and
the
Bill
of
12
Rights.
13
(c)
(i)
An
assessment
of
the
student’s
knowledge
of
14
United
States
government
and
civics
that
includes
the
nature,
15
purpose,
structure,
function,
and
history
of
the
United
States
16
government,
the
rights
and
responsibilities
of
citizens
of
17
the
United
States,
and
important
United
States
government
and
18
civic
leaders.
The
most
recent
version
of
the
civics
test
19
developed
by
the
United
States
citizenship
and
immigration
20
services
shall
be
used
as
the
assessment
required
by
this
21
subparagraph
division.
On
or
before
June
30
of
each
year,
each
22
school
district
and
accredited
nonpublic
school
shall
submit
23
the
results
of
the
assessment
required
by
this
subparagraph
24
division
to
the
department.
25
(ii)
The
school
district
or
accredited
nonpublic
school
26
may
modify
the
civics
test
developed
by
the
United
States
27
citizenship
and
immigration
services
for
a
student
who
has
an
28
individualized
education
program.
29
(iii)
A
student
shall
answer
at
least
seventy
percent
of
30
the
questions
on
the
civics
test
developed
by
the
United
States
31
citizenship
and
immigration
services
correctly
as
a
condition
32
of
graduation.
A
student
who
fails
to
answer
at
least
seventy
33
percent
of
the
questions
on
the
civics
test
correctly
may
34
retake
the
civics
test
as
many
times
as
necessary.
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Sec.
4.
Section
256.11,
subsection
5,
paragraph
j,
1
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
2
(1)
One
unit
of
health
education
which
shall
include
3
personal
health;
food
and
nutrition;
environmental
health;
4
safety
and
survival
skills;
consumer
health;
family
life;
5
age-appropriate
and
research-based
human
growth
and
6
development;
substance
abuse
and
nonuse;
emotional
and
7
social
health;
health
resources;
and
prevention
and
control
8
of
disease,
including
age-appropriate
and
research-based
9
information
regarding
sexually
transmitted
diseases
,
including
10
HPV
and
the
availability
of
a
vaccine
to
prevent
HPV,
and
11
acquired
immune
deficiency
syndrome
.
12
Sec.
5.
Section
256E.7,
subsection
2,
paragraph
i,
Code
13
2023,
is
amended
to
read
as
follows:
14
i.
Be
subject
to
and
comply
with
section
279.76
relating
to
15
physical
examinations
,
and
health
screenings
,
and
examinations
16
designed
to
assess
a
student’s
mental,
emotional,
or
physical
17
health
in
the
same
manner
as
a
school
district.
18
Sec.
6.
Section
256E.7,
subsection
2,
Code
2023,
is
amended
19
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
0j.
Be
subject
to
and
comply
with
the
21
requirements
of
section
279.77
relating
to
gender
identity
and
22
sexual
activity
instruction
in
kindergarten
through
grade
three
23
in
the
same
manner
as
a
school
district.
24
Sec.
7.
Section
256F.4,
subsection
2,
paragraph
k,
Code
25
2023,
is
amended
to
read
as
follows:
26
k.
Be
subject
to
and
comply
with
section
279.76
relating
to
27
physical
examinations
,
and
health
screenings
,
and
examinations
28
designed
to
assess
a
student’s
mental,
emotional,
or
physical
29
health
in
the
same
manner
as
a
school
district.
30
Sec.
8.
Section
256F.4,
subsection
2,
Code
2023,
is
amended
31
by
adding
the
following
new
paragraph:
32
NEW
PARAGRAPH
.
l.
Be
subject
to
and
comply
with
the
33
requirements
of
section
279.77
relating
to
gender
identity
and
34
sexual
activity
instruction
in
kindergarten
through
grade
three
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in
the
same
manner
as
a
school
district.
1
Sec.
9.
Section
279.50,
subsections
1
and
2,
Code
2023,
are
2
amended
to
read
as
follows:
3
1.
Each
Subject
to
section
279.77,
each
school
board
shall
4
provide
instruction
in
kindergarten
which
gives
attention
5
to
experiences
relating
to
life
skills
and
human
growth
and
6
development
as
required
in
section
256.11
.
School
districts
7
shall
use
research
provided
in
section
256.9,
subsection
46
,
8
paragraph
“b”
,
to
evaluate
and
upgrade
their
instructional
9
materials
and
teaching
strategies
for
human
growth
and
10
development.
11
2.
Each
school
board
shall
provide
age-appropriate
and
12
research-based
instruction
in
human
growth
and
development
13
including
instruction
regarding
human
sexuality,
self-esteem,
14
stress
management,
interpersonal
relationships,
domestic
15
abuse,
HPV
and
the
availability
of
a
vaccine
to
prevent
HPV,
16
and
acquired
immune
deficiency
syndrome
and
the
prevention
and
17
control
of
disease,
including
sexually
transmitted
diseases
as
18
required
in
section
256.11
,
in
grades
one
four
through
twelve.
19
Sec.
10.
Section
279.50,
Code
2023,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
1A.
Subject
to
section
279.77,
each
22
school
board
shall
provide
age-appropriate
and
research-based
23
instruction
in
human
growth
and
development
including
24
instruction
regarding
self-esteem,
stress
management,
25
interpersonal
relationships,
and
domestic
abuse
in
grades
one
26
through
three.
27
Sec.
11.
Section
279.50,
subsection
9,
paragraphs
b
and
c,
28
Code
2023,
are
amended
by
striking
the
paragraphs.
29
Sec.
12.
Section
279.76,
Code
2023,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
1A.
a.
Each
school
district
is
prohibited
32
from
administering
or
conducting
an
examination
or
survey
of
33
a
student
that
is
designed
to
assess
the
student’s
mental,
34
emotional,
or
physical
health
that
is
not
required
by
state
or
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federal
law
without
first
acquiring
the
written
consent
of
the
1
student’s
parent
or
guardian.
2
b.
Each
school
district
shall
give
written
notice
to
a
3
student’s
parent
or
guardian
of
an
examination
or
survey
of
the
4
student
required
by
state
or
federal
law
that
is
designed
to
5
assess
the
student’s
mental,
emotional,
or
physical
health
not
6
less
than
seven
days
prior
to
the
examination
or
survey.
7
c.
This
subsection
shall
not
apply
to
a
hearing
or
vision
8
examination.
9
Sec.
13.
NEW
SECTION
.
279.77
Gender
identity
and
sexual
10
activity
——
prohibited
instruction.
11
1.
As
used
in
this
section:
12
a.
“Gender
identity”
means
the
same
as
defined
in
section
13
216.2.
14
b.
“Sexual
activity”
means
the
same
as
defined
in
section
15
702.17.
16
2.
A
school
district
shall
not
provide
any
program,
17
curriculum,
material,
test,
survey,
questionnaire,
activity,
18
announcement,
promotion,
or
instruction
of
any
kind
relating
to
19
gender
identity
or
sexual
activity
to
students
in
kindergarten
20
through
grade
three.
21
Sec.
14.
NEW
SECTION
.
279.78
Transparency
——
publication
22
of
school
district
information.
23
1.
Each
school
district
shall
publish
all
of
the
following
24
information
related
to
the
current
school
year
on
the
school
25
district’s
internet
site:
26
a.
A
list
of
all
materials
that
will
be
used
to
teach
27
students
in
each
class
in
the
school
district,
sortable
by
28
subject
area,
grade
level,
and
teacher.
29
b.
A
comprehensive
list
of
all
persons
in
direct
contact
30
with
students
enrolled
in
the
school
district
who
contract
with
31
or
otherwise
receive
moneys
from
the
board
of
directors
of
the
32
school
district.
33
c.
A
comprehensive
list
of
all
books
available
to
students
34
in
the
classroom
and
in
libraries
operated
by
the
school
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district.
1
d.
A
detailed
explanation
of
the
procedures
or
policies
2
in
effect
for
the
parent
or
guardian
of
a
student
enrolled
in
3
the
school
district
to
request
the
removal
of
a
book,
article,
4
outline,
handout,
video,
or
other
educational
material
that
is
5
available
to
students
in
the
classroom
or
in
a
library
operated
6
by
the
school
district.
7
e.
A
detailed
explanation
of
the
procedures
or
policies
in
8
effect
to
request
the
review
of
decisions
made
by
the
board
9
of
directors
of
the
school
district,
including
the
petition
10
process
established
pursuant
to
section
279.8B.
11
2.
Each
school
district
shall
update
the
information
12
required
to
be
published
pursuant
to
subsection
1
at
least
13
two
times
each
semester
or
at
the
start
of
each
trimester,
as
14
applicable.
15
3.
This
section
shall
not
be
construed
to
require
a
school
16
district
to
do
any
of
the
following:
17
a.
Reproduce
educational
materials
that
were
not
created
by
18
a
person
employed
by
the
board
of
directors.
19
b.
Distribute
any
educational
materials
in
a
manner
that
20
would
infringe
on
the
intellectual
property
rights
of
any
21
person.
22
Sec.
15.
NEW
SECTION
.
279.79
Notifications
to
department
of
23
education
regarding
the
removal
of
books
from
school
library.
24
Each
school
district
shall
notify
the
department
of
25
education
that
the
board
of
directors
of
the
school
district
26
has
removed
a
book
from
a
library
operated
by
the
school
27
district,
a
classroom,
or
any
area
on
school
district
property
28
within
seven
days
after
removal.
The
notification
shall
29
contain
the
book’s
title
and
author.
30
Sec.
16.
NEW
SECTION
.
279.80
Parental
rights
in
education.
31
1.
As
used
in
this
section:
32
a.
“Gender
identity”
means
the
same
as
defined
in
section
33
216.2.
34
b.
“Minor
child”
means
an
individual
under
eighteen
years
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of
age.
1
c.
“Obscene
material”
means
the
same
as
defined
in
section
2
728.1.
3
d.
“Sexually
explicit
material”
means
any
material
that
4
meets
all
of
the
following
criteria:
5
(1)
Taken
as
a
whole
with
respect
to
minor
children,
the
6
material
appeals
to
the
prurient
interest
in
nudity,
sex,
or
7
excretion.
8
(2)
The
material
depicts,
describes,
or
represents,
in
a
9
patently
offensive
way
with
respect
to
what
is
suitable
for
10
minor
children,
a
sex
act
or
lewd
exhibition
of
the
genitals.
11
For
purposes
of
this
subparagraph,
“lewd
exhibition
of
the
12
genitals”
includes
any
material
depicting
genitalia
in
which
13
the
place
or
pose
of
the
person
in
the
depiction
is
sexually
14
suggestive,
any
visual
depiction
that
suggests
sexual
coyness
15
or
a
willingness
to
engage
in
sexual
activity,
or
any
visual
16
depiction
that
is
intended
or
designed
to
elicit
a
sexual
17
response
from
the
viewer.
18
(3)
Taken
as
a
whole,
the
material
lacks
serious
literary,
19
artistic,
political,
or
scientific
value
as
to
minors.
For
20
purposes
of
this
subparagraph,
material
lacks
serious
literary,
21
artistic,
political,
or
scientific
value
as
to
minor
children
22
if
the
material
contains
material
described
in
subparagraphs
23
(1)
and
(2)
when
substantially
similar
material
is
readily
24
available
to
minor
children
that
does
not
contain
material
25
described
in
subparagraphs
(1)
and
(2)
but
that
conveys
a
26
substantially
similar
message
or
viewpoint.
27
e.
“Visual
depiction”
includes
any
picture,
slide,
28
photograph,
digital
or
electronic
image,
negative
image,
29
undeveloped
film,
motion
picture,
videotape,
digital
or
30
electronic
recording,
live
transmission,
or
any
other
pictorial
31
or
three-dimensional
representation.
32
2.
a.
Each
school
district
shall
immediately
notify
the
33
parent
or
guardian
of
a
minor
child
enrolled
in
the
school
34
district
if
any
employee
of
the
school
district
reasonably
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believes
that
the
minor
child
has
expressed
a
gender
identity
1
that
is
different
than
the
biological
sex
listed
on
the
minor
2
child’s
official
birth
certificate
or
certificate
issued
upon
3
adoption
if
the
certificate
was
issued
at
or
near
the
time
of
4
the
minor
child’s
birth.
5
b.
Notwithstanding
paragraph
“a”
,
if
a
school
district
6
determines
that
notifying
the
parent
or
guardian
of
a
minor
7
child
enrolled
in
the
school
district
pursuant
to
paragraph
8
“a”
is
likely
to
lead
to
a
case
of
child
abuse
as
defined
in
9
section
232.68,
the
school
district
shall
not
notify
the
parent
10
or
guardian
and
shall
instead
immediately
report
the
school
11
district’s
safety
concerns
to
the
department
of
health
and
12
human
services
so
that
the
department
may
determine
whether
the
13
minor
child
is
a
child
in
need
of
assistance
under
chapter
232.
14
3.
The
parent
or
guardian
of
a
minor
child
enrolled
in
15
a
school
district
may
access
and
review
all
school
records
16
related
to
the
minor
child,
including
teacher
evaluations
of
17
the
minor
child
and
associated
notes,
evaluation
information,
18
and
documents
created
by
the
minor
child,
unless
chapter
19
232,
subchapter
III,
part
2,
prohibits
the
record
from
being
20
disclosed.
21
4.
A
school
district
must
receive
the
prior
written
consent
22
of
a
minor
child’s
parent
or
guardian
before
allowing
a
minor
23
child
enrolled
in
the
school
district
to
check
out
or
access
24
any
book
that
is
on
the
list
maintained
by
the
department
of
25
education
pursuant
to
section
256.9,
subsection
66.
26
5.
A
school
district
must
receive
the
prior
written
consent
27
of
the
parent
or
guardian
of
a
minor
child
enrolled
in
the
28
school
district
before
allowing
any
employee
of
the
school
29
district
to
address
the
minor
child
using
a
nickname
or
a
30
pronoun
that
does
not
correspond
to
the
biological
sex
that
31
is
listed
on
the
minor
child’s
official
birth
certificate
or
32
certificate
issued
upon
adoption
if
the
certificate
was
issued
33
at
or
near
the
time
of
the
minor
child’s
birth.
34
6.
A
school
district
shall
not
require
any
minor
child
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enrolled
in
the
school
district
to
engage
in
any
activity
or
1
instruction
provided
by
a
guest
lecturer
or
outside
presenter,
2
or
any
activity
or
instruction
that
involves
obscene
material
3
or
sexually
explicit
material,
without
providing
the
parent
4
or
guardian
of
a
minor
child
enrolled
in
the
school
district
5
with
notice
at
least
forty-eight
hours
prior
to
the
activity
6
or
instruction.
The
notice
shall
describe
how
to
request
that
7
a
minor
child
be
excused
from
the
activity
or
instruction.
A
8
school
district
shall
not
allow
a
minor
child
enrolled
in
the
9
school
district
to
engage
in
the
activity
or
instruction
if
the
10
minor
child’s
parent
or
guardian
provides
notice
to
the
school
11
district
requesting
that
the
minor
child
be
excused
from
the
12
activity
or
instruction.
13
7.
a.
If,
after
investigation,
the
department
of
education
14
determines
that
a
school
district
has
violated
this
section,
15
the
school
district
shall
be
subject
to
the
following:
16
(1)
For
the
first
violation
of
this
section,
the
department
17
of
education
shall
issue
a
written
warning
to
the
board
of
18
directors
of
the
school
district.
19
(2)
For
a
second
or
subsequent
violation
of
this
section,
20
the
department
shall
assess
a
civil
penalty
against
the
school
21
district
not
to
exceed
five
thousand
dollars.
22
b.
Revenue
from
the
civil
penalty
provided
in
this
23
subsection
is
appropriated
to
the
department
of
education
for
24
purposes
of
training
the
employees
of
school
districts
that
25
have
violated
this
section
on
the
requirements
of
this
section.
26
8.
The
state
board
of
education
shall
adopt
rules
pursuant
27
to
chapter
17A
to
administer
this
section.
28
Sec.
17.
Section
299A.9,
subsection
1,
Code
2023,
is
amended
29
to
read
as
follows:
30
1.
A
child
of
compulsory
attendance
age
who
is
identified
31
as
requiring
special
education
under
chapter
256B
is
eligible
32
for
placement
under
competent
private
instruction
with
prior
33
approval
of
the
placement
by
the
director
of
special
education
34
of
the
area
education
agency
of
the
child’s
district
of
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residence
.
1
Sec.
18.
Section
299A.9,
Code
2023,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
3.
The
parent,
guardian,
or
legal
custodian
4
of
a
child
who
is
identified
as
requiring
special
education
5
may
request
dual
enrollment
pursuant
to
section
299A.8.
The
6
appropriate
special
education
services
for
the
child
shall
be
7
determined
pursuant
to
chapter
256B
and
rules
adopted
pursuant
8
to
chapter
256B.
9
Sec.
19.
NEW
SECTION
.
601.1
Parents
and
guardians
——
10
rights.
11
1.
For
purposes
of
this
section:
12
a.
“Emergent
care
situation”
means
a
sudden
or
unforeseen
13
occurrence
or
onset
of
a
medical
or
behavioral
condition
that
14
could
result
in
serious
injury
or
harm
to
a
minor
child
in
the
15
event
immediate
medical
attention
is
not
provided.
16
b.
“Medical
care”
means
any
care,
treatment,
service,
or
17
procedure
to
prevent,
diagnose,
alleviate,
treat,
or
cure
a
18
minor
child’s
physical
or
mental
condition.
19
c.
“Minor
child”
means
an
unmarried
and
unemancipated
person
20
under
the
age
of
eighteen
years.
21
2.
A
parent
or
guardian
bears
the
ultimate
responsibility,
22
and
has
the
constitutionally
protected
right,
to
make
decisions
23
affecting
the
parent’s
or
guardian’s
minor
child,
including
24
decisions
related
to
the
minor
child’s
medical
care,
moral
25
upbringing,
religious
upbringing,
residence,
education,
and
26
extracurricular
activities.
27
3.
This
section
shall
not
be
construed
to
prohibit
a
minor
28
child
from
receiving
medical
attention
in
an
emergent
care
29
situation.
30
4.
This
section
shall
not
be
construed
to
prohibit
a
person
31
from
cooperating
in
a
child
abuse
assessment
commenced
in
32
accordance
with
section
232.71B.
33
5.
The
rights
guaranteed
to
parents
and
guardians
by
this
34
section
are
not
a
comprehensive
list
of
the
rights
reserved
35
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to
parents
or
guardians
of
a
minor
child.
The
enumeration
of
1
the
rights
contained
in
this
section
shall
not
be
construed
to
2
limit
the
rights
reserved
to
parents
or
guardians
of
a
minor
3
child.
4
Sec.
20.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
5
3,
shall
not
apply
to
this
Act.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
children
and
students,
including
10
establishing
a
parent’s
or
guardian’s
right
to
make
decisions
11
affecting
the
parent’s
or
guardian’s
child
and
modifying
12
provisions
related
to
student
health
screenings
and
the
13
curriculum
in
school
districts,
accredited
nonpublic
schools,
14
and
charter
schools,
other
duties
of
school
districts,
15
competent
private
instruction,
and
special
education.
16
The
bill
prohibits
instruction
related
to
gender
identity
17
and
sexual
activity
in
school
districts,
accredited
nonpublic
18
schools,
charter
schools,
and
innovation
zone
schools
in
19
kindergarten
through
grade
three.
The
bill
makes
conforming
20
changes
to
Code
sections
256.11
(educational
standards)
and
21
279.50
(human
growth
and
development
instruction)
to
provide
22
that
human
growth
and
development
instruction
provided
to
23
students
in
kindergarten
through
grade
three
shall
not
include
24
any
program,
curriculum,
material,
test,
survey,
questionnaire,
25
activity,
announcement,
promotion,
or
instruction
of
any
kind
26
relating
to
gender
identity
or
sexual
activity.
Current
Code
27
section
279.50
requires
that
the
human
growth
and
development
28
instruction
provided
in
school
districts
to
students
enrolled
29
in
grades
1
through
12
shall
include
instruction
regarding
30
human
sexuality.
The
bill
strikes
this
requirement
for
grades
31
one
through
three.
32
The
bill
strikes
the
requirement
that
the
health
curriculum
33
provided
in
school
districts,
accredited
nonpublic
schools,
34
and
charter
schools
in
grades
1
through
12
include
instruction
35
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related
to
the
characteristics
of
acquired
immune
deficiency
1
syndrome
and
makes
conforming
changes
to
Code
section
279.50
2
(human
growth
and
development
instruction).
The
bill
also
3
strikes
the
requirement
that
the
health
curriculum
provided
in
4
school
districts,
accredited
nonpublic
schools,
and
charter
5
schools
in
grades
7
through
12
include
instruction
related
to
6
human
papilloma
virus
(HPV)
and
the
availability
of
a
vaccine
7
to
prevent
HPV
and
makes
conforming
changes
to
Code
section
8
279.50.
The
bill
makes
conforming
changes.
9
The
bill
requires
the
human
growth
and
development
10
instruction
provided
in
the
kindergarten
program
to
be
both
11
age-appropriate
and
research-based.
12
Under
current
law,
the
educational
program
established
13
pursuant
to
Code
section
256.11
is
required
to
include,
in
14
grades
9
through
12,
five
units
of
social
studies,
one-half
15
unit
of
which
is
to
consist
of
instruction
in
United
States
16
government.
The
bill
provides
that
this
one-half
unit
of
17
United
States
government
shall
include
an
assessment
of
the
18
student’s
knowledge
of
United
States
government
and
civics.
19
The
bill
provides
that
the
most
recent
version
of
the
civics
20
test
developed
by
the
United
States
citizenship
and
immigration
21
services
shall
be
used
as
the
assessment.
The
bill
requires
22
each
school
district
and
accredited
nonpublic
school
to
submit
23
the
results
of
the
civics
test
to
the
department
of
education
24
by
June
30
of
each
year.
The
bill
authorizes
a
school
district
25
or
accredited
nonpublic
school
to
modify
the
civics
test
for
26
a
student
who
has
an
individualized
education
program.
The
27
bill
provides
that
a
student
must
answer
at
least
70
percent
28
of
the
questions
correctly
on
the
civics
test
as
a
condition
29
of
graduation.
The
bill
authorizes
a
student
who
fails
to
30
answer
at
least
70
percent
of
the
questions
on
the
civics
test
31
correctly
to
retake
the
civics
test.
32
The
bill
prohibits
school
districts,
charter
schools,
and
33
innovation
zone
schools
from
administering
or
conducting
an
34
examination
or
survey
of
a
student
that
is
designed
to
assess
35
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the
student’s
mental,
emotional,
or
physical
health
that
is
1
not
required
by
state
or
federal
law,
without
first
acquiring
2
the
written
consent
of
the
student’s
parent
or
guardian.
This
3
provision
applies
only
to
a
minor
child
in
the
direct
care
of
a
4
parent
or
guardian,
and
does
not
apply
to
an
emancipated
minor
5
or
a
minor
who
is
not
residing
with
the
parent
or
guardian.
The
6
bill
provides
that
this
provision
does
not
apply
to
a
hearing
7
or
vision
examination.
8
The
bill
requires
school
districts,
charter
schools,
and
9
innovation
zone
schools
to
give
written
notice
to
a
student’s
10
parent
or
guardian
of
an
examination
or
survey
of
the
student
11
required
by
state
or
federal
law
that
is
designed
to
assess
the
12
student’s
mental,
emotional,
or
physical
health
not
less
than
13
seven
days
prior
to
the
examination
or
survey.
This
provision
14
applies
only
to
the
parents
or
guardians
of
a
minor
child
who
15
is
in
the
direct
care
of
the
parent
or
guardian,
and
does
not
16
apply
to
the
parents
or
guardians
of
an
emancipated
minor
or
17
a
minor
who
is
not
residing
with
the
parent
or
guardian.
The
18
bill
provides
that
this
provision
does
not
apply
to
a
hearing
19
or
vision
examination.
20
The
bill
requires
each
school
district
to
publish
all
of
the
21
following
information
related
to
the
current
school
year
on
22
the
school
district’s
internet
site:
a
list
of
all
materials
23
that
will
be
used
to
teach
students
in
each
class
in
the
school
24
district;
a
list
of
all
persons
in
direct
contact
with
students
25
enrolled
in
the
school
district
who
contract
with
or
otherwise
26
receive
moneys
from
the
board
of
directors
of
the
school
27
district;
a
list
of
all
books
available
to
students
in
the
28
classroom
and
in
libraries
operated
by
the
school
district;
a
29
detailed
explanation
of
the
procedures
in
effect
for
the
parent
30
or
guardian
of
a
student
enrolled
in
the
school
district
to
31
request
the
removal
of
educational
material
that
is
available
32
to
students
in
the
classroom
or
in
a
library
operated
by
the
33
school
district;
and
a
detailed
explanation
of
the
procedures
34
in
effect
to
request
the
review
of
decisions
made
by
the
board
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of
directors
of
the
school
district.
The
bill
also
requires
1
each
school
district
to
update
this
information
at
least
two
2
times
each
semester
or
at
the
start
of
each
trimester,
as
3
applicable.
4
The
bill
requires
each
school
district
to
notify
the
5
department
of
education
that
the
board
of
directors
of
the
6
school
district
has
removed
a
book
from
a
library
operated
7
by
the
school
district,
a
classroom,
or
any
area
on
school
8
district
property
within
seven
days
after
removal.
The
9
bill
also
requires
the
department
to
make
available
on
the
10
department’s
internet
site,
and
update
at
least
monthly,
a
11
comprehensive
list
(removal
list)
of
all
of
these
notices,
12
sortable
by
the
book’s
title
and
author
and
the
school
13
districts
that
have
removed
the
book
from
libraries
operated
14
by
the
school
district,
classrooms,
or
any
areas
on
school
15
property.
16
The
bill
enacts
new
Code
section
279.80,
which
requires
a
17
school
district
to
immediately
notify
the
parent
or
guardian
18
of
a
minor
child
enrolled
in
the
school
district
if
any
19
employee
of
the
school
district
reasonably
believes
the
20
minor
child
has
expressed
a
gender
identity
that
is
different
21
than
the
biological
sex
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.
The
bill
provides
that,
notwithstanding
this
provision,
25
if
a
school
district
determines
that
notifying
the
parent
or
26
guardian
of
a
minor
child
enrolled
in
the
school
district
is
27
likely
to
lead
to
a
case
of
child
abuse
as
defined
in
Code
28
section
232.68,
the
school
district
shall
not
notify
the
parent
29
or
guardian
and
shall
immediately
report
the
school
district’s
30
safety
concerns
to
the
department
of
health
and
human
services
31
so
that
the
department
may
determine
whether
the
minor
child
is
32
a
child
in
need
of
assistance
under
Code
chapter
232
(juvenile
33
justice).
34
New
Code
section
279.80
authorizes
the
parent
or
guardian
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of
a
minor
child
enrolled
in
a
school
district
to
access
1
and
review
all
school
records
related
to
the
minor
child
2
unless
Code
chapter
232,
subchapter
III,
part
2
(child
abuse
3
reporting,
assessment,
and
rehabilitation),
prohibits
the
4
record
from
being
disclosed.
5
New
Code
section
279.80
provides
that
a
school
district
must
6
receive
the
prior
written
consent
of
a
minor
child’s
parent
or
7
guardian
before
allowing
a
minor
child
enrolled
in
the
school
8
district
to
check
out
or
access
any
book
that
is
on
the
removal
9
list.
10
New
Code
section
279.80
provides
that
a
school
district
must
11
receive
the
prior
written
consent
of
the
parent
or
guardian
of
12
a
minor
child
enrolled
in
the
school
district
before
allowing
13
any
employee
of
the
school
district
to
address
the
minor
child
14
using
a
nickname
or
a
pronoun
that
does
not
correspond
to
the
15
biological
sex
that
is
listed
on
the
minor
child’s
official
16
birth
certificate
or
certificate
issued
upon
adoption
if
the
17
certificate
was
issued
at
or
near
the
time
of
the
minor
child’s
18
birth.
19
New
Code
section
279.80
prohibits
a
school
district
from
20
requiring
any
minor
child
enrolled
in
the
school
district
to
21
engage
in
any
activity
or
instruction
provided
by
a
guest
22
lecturer
or
outside
presenter,
or
any
activity
or
instruction
23
that
involves
obscene
material
or
sexually
explicit
material,
24
without
providing
the
minor
child’s
parent
or
guardian
with
25
notice
at
least
48
hours
prior
to
the
activity
or
instruction.
26
New
Code
section
279.80
also
prohibits
a
school
district
from
27
allowing
a
minor
child
to
engage
in
the
activity
or
instruction
28
if
the
minor
child’s
parent
or
guardian
provides
notice
to
the
29
school
district
requesting
that
the
minor
child
be
excused
from
30
the
activity
or
instruction.
31
The
bill
provides
that
if
the
department
of
education
32
determines
that
a
school
district
has
violated
the
provisions
33
of
new
Code
section
279.80,
the
school
district
shall
be
34
subject
to
the
following:
for
the
first
violation,
the
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department
shall
issue
a
written
warning
to
the
board
of
1
directors,
and
for
a
second
or
subsequent
violation,
the
2
department
shall
assess
a
civil
penalty
against
the
school
3
district
not
to
exceed
$5,000.
The
bill
also
provides
that
4
revenue
from
this
civil
penalty
shall
be
appropriated
to
the
5
department
for
purposes
of
training
the
employees
of
school
6
districts
that
have
violated
new
Code
section
279.80
on
the
7
requirements
of
new
Code
section
279.80.
8
The
bill
requires
the
state
board
of
education
to
adopt
rules
9
to
administer
new
Code
section
279.80.
10
The
bill
provides
that
a
child
of
compulsory
attendance
age
11
who
is
identified
as
requiring
special
education
is
eligible
12
for
placement
under
competent
private
instruction
without
prior
13
approval
of
the
placement
by
the
director
of
special
education
14
of
an
area
education
agency.
The
bill
also
provides
that
a
15
child
who
is
identified
as
requiring
special
education
may
16
request
dual
enrollment
and
the
appropriate
special
education
17
services
for
the
child
shall
be
determined
pursuant
to
Code
18
chapter
256B
(special
education).
19
The
bill
enacts
new
Code
section
601.1,
which
provides
that
20
a
parent
or
guardian
bears
the
ultimate
responsibility
to
make
21
decisions
affecting
the
parent’s
or
guardian’s
minor
child,
22
including
decisions
related
to
the
minor
child’s
medical
care,
23
moral
upbringing,
religious
upbringing,
residence,
education,
24
and
extracurricular
activities.
25
The
bill
provides
that
new
Code
section
601.1
shall
not
be
26
construed
to
prohibit
a
minor
child
from
receiving
medical
27
attention
in
an
emergent
care
situation
or
to
prohibit
a
person
28
from
cooperating
in
a
child
abuse
assessment.
29
The
bill
may
include
a
state
mandate
as
defined
in
Code
30
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
31
subsection
3,
which
would
relieve
a
political
subdivision
from
32
complying
with
a
state
mandate
if
funding
for
the
cost
of
33
the
state
mandate
is
not
provided
or
specified.
Therefore,
34
political
subdivisions
are
required
to
comply
with
any
state
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