Iowa-2023-HSB222-Introduced

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: 10 TLSB 1274XL (15) 90 jda/jh

S.F. _____ H.F. _____ 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 35 -1- LSB 1274XL (15) 90 jda/jh 1/ 18

S.F. _____ H.F. _____ 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 35 -2- LSB 1274XL (15) 90 jda/jh 2/ 18

S.F. _____ H.F. _____ 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. 35 -3- LSB 1274XL (15) 90 jda/jh 3/ 18

S.F. _____ H.F. _____ 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 35 -4- LSB 1274XL (15) 90 jda/jh 4/ 18

S.F. _____ H.F. _____ 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 35 -5- LSB 1274XL (15) 90 jda/jh 5/ 18

S.F. _____ H.F. _____ 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 35 -6- LSB 1274XL (15) 90 jda/jh 6/ 18

S.F. _____ H.F. _____ 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 35 -7- LSB 1274XL (15) 90 jda/jh 7/ 18

S.F. _____ H.F. _____ 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 35 -8- LSB 1274XL (15) 90 jda/jh 8/ 18

S.F. _____ H.F. _____ 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 35 -9- LSB 1274XL (15) 90 jda/jh 9/ 18

S.F. _____ H.F. _____ 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 35 -10- LSB 1274XL (15) 90 jda/jh 10/ 18

S.F. _____ H.F. _____ 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 -11- LSB 1274XL (15) 90 jda/jh 11/ 18

S.F. _____ H.F. _____ 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 -12- LSB 1274XL (15) 90 jda/jh 12/ 18

S.F. _____ H.F. _____ 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 -13- LSB 1274XL (15) 90 jda/jh 13/ 18

S.F. _____ H.F. _____ 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 35 -14- LSB 1274XL (15) 90 jda/jh 14/ 18

S.F. _____ H.F. _____ 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 35 -15- LSB 1274XL (15) 90 jda/jh 15/ 18

S.F. _____ H.F. _____ 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 35 -16- LSB 1274XL (15) 90 jda/jh 16/ 18

S.F. _____ H.F. _____ 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 35 -17- LSB 1274XL (15) 90 jda/jh 17/ 18