Bill Text: IA SF2223 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to children and students, including by modifying provisions related to a parent's or guardian's rights to make decisions affecting the parent's or guardian's child, the educational program and human growth and development curriculum provided to students enrolled in school districts, charter schools, and innovation zone schools, student health screenings, school district library programs, special education, and other duties of school districts and the governing boards of charter schools and innovation zone schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-07 - Subcommittee: Kraayenbrink, Donahue, and Rozenboom. S.J. 238. [SF2223 Detail]
Download: Iowa-2023-SF2223-Introduced.html
Senate
File
2223
-
Introduced
SENATE
FILE
2223
BY
DONAHUE
A
BILL
FOR
An
Act
relating
to
children
and
students,
including
by
1
modifying
provisions
related
to
a
parent’s
or
guardian’s
2
rights
to
make
decisions
affecting
the
parent’s
or
3
guardian’s
child,
the
educational
program
and
human
growth
4
and
development
curriculum
provided
to
students
enrolled
5
in
school
districts,
charter
schools,
and
innovation
zone
6
schools,
student
health
screenings,
school
district
library
7
programs,
special
education,
and
other
duties
of
school
8
districts
and
the
governing
boards
of
charter
schools
and
9
innovation
zone
schools.
10
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
11
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Section
1.
Section
256.11,
subsections
2,
3,
4,
9,
and
19,
1
Code
2024,
are
amended
to
read
as
follows:
2
2.
The
kindergarten
program
shall
include
experiences
3
designed
to
develop
healthy
emotional
and
social
habits
and
4
growth
in
the
language
arts
and
communication
skills,
as
well
5
as
a
capacity
for
the
completion
of
individual
tasks,
and
6
protect
and
increase
physical
well-being
with
attention
given
7
to
experiences
relating
to
the
development
of
life
skills
and
,
8
subject
to
section
279.80
,
age-appropriate
and
research-based
9
human
growth
and
development.
A
kindergarten
teacher
shall
be
10
licensed
to
teach
in
kindergarten.
An
accredited
nonpublic
11
school
must
meet
the
requirements
of
this
subsection
only
if
12
the
nonpublic
school
offers
a
kindergarten
program
;
provided,
13
however,
that
section
279.80
shall
not
apply
to
a
nonpublic
14
school
.
15
3.
The
following
areas
shall
be
taught
in
grades
one
through
16
six:
English-language
arts,
social
studies,
mathematics,
17
science,
health,
physical
education,
traffic
safety,
music,
18
visual
art,
and
,
subject
to
section
279.80
,
age-appropriate
and
19
research-based
human
growth
and
development.
Computer
science
20
instruction
incorporating
the
standards
established
under
21
section
256.7,
subsection
26
,
paragraph
“a”
,
subparagraph
(4),
22
shall
be
offered
in
at
least
one
grade
level
commencing
with
23
the
school
year
beginning
July
1,
2023.
The
health
curriculum
24
shall
include
the
characteristics
of
communicable
diseases
25
including
acquired
immune
deficiency
syndrome
.
The
state
board
26
as
part
of
accreditation
standards
shall
adopt
curriculum
27
definitions
for
implementing
the
elementary
program.
28
4.
The
following
shall
be
taught
in
grades
seven
and
29
eight:
English-language
arts;
social
studies;
mathematics;
30
science;
health;
age-appropriate
and
research-based
human
31
growth
and
development;
career
exploration
and
development;
32
physical
education;
music;
and
visual
art.
Computer
science
33
instruction
incorporating
the
standards
established
under
34
section
256.7,
subsection
26
,
paragraph
“a”
,
subparagraph
(4),
35
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shall
be
offered
in
at
least
one
grade
level
commencing
with
1
the
school
year
beginning
July
1,
2023.
Career
exploration
2
and
development
shall
be
designed
so
that
students
are
3
appropriately
prepared
to
create
an
individual
career
4
and
academic
plan
pursuant
to
section
279.61
,
incorporate
5
foundational
career
and
technical
education
concepts
aligned
6
with
the
six
career
and
technical
education
service
areas
as
7
defined
in
subsection
5
,
paragraph
“h”
,
incorporate
relevant
8
twenty-first
century
skills
to
facilitate
career
readiness,
9
and
introduce
students
to
career
opportunities
within
the
10
local
community
and
across
this
state.
The
health
curriculum
11
shall
include
age-appropriate
and
research-based
information
12
regarding
the
characteristics
of
sexually
transmitted
diseases
,
13
including
human
papilloma
virus,
as
defined
by
the
centers
for
14
disease
control
and
prevention
of
the
United
States
department
15
of
health
and
human
services,
and
the
availability
of
a
16
vaccine
to
prevent
the
human
papilloma
virus,
and
acquired
17
immune
deficiency
syndrome
.
The
state
board
as
part
of
18
accreditation
standards
shall
adopt
curriculum
definitions
for
19
implementing
the
program
in
grades
seven
and
eight.
However,
20
this
subsection
shall
not
apply
to
the
teaching
of
career
21
exploration
and
development
in
nonpublic
schools.
22
9.
a.
(1)
Beginning
July
1,
2023,
each
school
district
23
shall
employ
either
a
qualified
teacher
librarian
licensed
24
by
the
board
of
educational
examiners
or
a
person
previously
25
employed
as
a
librarian
by
a
public
library.
The
board
of
26
educational
examiners
shall
not
require
an
applicant
for
a
27
teacher
librarian
license
to
have
a
master’s
degree.
28
(2)
Each
school
district
shall
establish
a
kindergarten
29
through
grade
twelve
library
program
that
is
consistent
with
30
section
280.6
and
with
the
educational
standards
established
31
in
this
section,
contains
only
age-appropriate
materials,
and
32
supports
the
student
achievement
goals
of
the
total
school
33
curriculum.
34
(3)
If,
after
investigation,
the
department
determines
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that
a
school
district
or
an
employee
of
a
school
district
has
1
violated
the
provisions
of
subparagraph
(2)
related
to
library
2
programs
containing
only
age-appropriate
materials,
beginning
3
January
1,
2024,
the
school
district
or
employee
of
the
school
4
district,
as
applicable,
shall
be
subject
to
the
following:
5
(a)
For
the
first
violation
of
subparagraph
(2),
the
6
department
shall
issue
a
written
warning
to
the
board
7
of
directors
of
the
school
district
or
the
employee,
as
8
applicable.
9
(b)
(i)
For
a
second
or
subsequent
violation
of
10
subparagraph
(2),
if
the
department
finds
that
a
school
11
district
knowingly
violated
subparagraph
(2),
the
12
superintendent
of
the
school
district
shall
be
subject
to
13
a
hearing
conducted
by
the
board
of
educational
examiners
14
pursuant
to
section
256.146,
subsection
13
,
which
may
result
15
in
disciplinary
action.
16
(ii)
For
a
second
or
subsequent
violation
of
subparagraph
17
(2),
if
the
department
finds
that
an
employee
of
the
school
18
district
who
holds
a
license,
certificate,
authorization,
or
19
statement
of
recognition
issued
by
the
board
of
educational
20
examiners
knowingly
violated
subparagraph
(2),
the
employee
21
shall
be
subject
to
a
hearing
conducted
by
the
board
of
22
educational
examiners
pursuant
to
section
256.146,
subsection
23
13
,
which
may
result
in
disciplinary
action.
24
b.
The
state
board
shall
establish
in
rule
standards
for
25
school
district
library
programs,
which
shall
be
designed
to
26
provide
for
methods
to
improve
library
collections
to
meet
27
student
needs,
include
a
current
and
diverse
collection
of
28
fiction
and
nonfiction
materials
in
a
variety
of
formats
29
to
support
student
curricular
needs,
and
include
a
plan
30
for
annually
updating
and
replacing
library
materials
and
31
equipment.
32
c.
The
state
board
shall
establish
in
rule
a
definition
33
of
and
standards
for
an
articulated
sequential
kindergarten
34
through
grade
twelve
media
program.
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d.
A
school
district
that
entered
into
a
contract
with
an
1
individual
for
employment
as
a
media
specialist
or
librarian
2
prior
to
June
1,
2006,
shall
be
considered
to
be
in
compliance
3
with
this
subsection
until
June
30,
2011,
if
the
individual
4
is
making
annual
progress
toward
meeting
the
requirements
5
for
a
teacher
librarian
endorsement
issued
by
the
board
of
6
educational
examiners.
7
19.
For
purposes
of
this
section
:
8
a.
(1)
“Age-appropriate”
means
topics,
messages,
and
9
teaching
methods
suitable
to
particular
ages
or
age
groups
10
of
children
and
adolescents,
based
on
developing
cognitive,
11
emotional,
and
behavioral
capacity
typical
for
the
age
or
age
12
group.
“Age-appropriate”
does
not
include
any
material
with
13
descriptions
or
visual
depictions
of
a
sex
act
as
defined
in
14
section
702.17
.
15
(2)
Notwithstanding
subparagraph
(1),
for
purposes
of
the
16
human
growth
and
development
curriculum,
“age-appropriate”
means
17
the
same
as
defined
in
section
279.50
.
18
b.
“Research-based”
means
the
same
as
defined
in
section
19
279.50
.
20
Sec.
2.
Section
256.11,
subsection
5,
paragraph
j,
21
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
22
(1)
One
unit
of
health
education
which
may
include
personal
23
health;
food
and
nutrition;
environmental
health;
safety
and
24
survival
skills;
consumer
health;
family
life;
age-appropriate
25
and
research-based
human
growth
and
development;
substance
26
use
disorder
and
nonuse;
emotional
and
social
health;
health
27
resources;
cardiopulmonary
resuscitation;
and
prevention
28
and
control
of
disease,
including
age-appropriate
and
29
research-based
information
regarding
sexually
transmitted
30
diseases
,
including
human
papilloma
virus,
as
defined
by
the
31
centers
for
disease
control
and
prevention
of
the
United
States
32
department
of
health
and
human
services,
and
the
availability
33
of
a
vaccine
to
prevent
the
human
papilloma
virus,
and
acquired
34
immune
deficiency
syndrome
.
35
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Sec.
3.
Section
256E.7,
subsection
2,
paragraphs
n,
o,
and
1
p,
Code
2024,
are
amended
by
striking
the
paragraphs.
2
Sec.
4.
Section
256F.4,
subsection
2,
paragraphs
l,
m,
and
3
n,
Code
2024,
are
amended
by
striking
the
paragraphs.
4
Sec.
5.
Section
279.50,
subsections
1
and
2,
Code
2024,
are
5
amended
to
read
as
follows:
6
1.
Subject
to
section
279.80
,
each
Each
school
board
shall
7
provide
instruction
in
kindergarten
which
gives
attention
8
to
experiences
relating
to
life
skills
and
human
growth
and
9
development
as
required
in
section
256.11
.
School
districts
10
shall
use
research
provided
in
section
256.9,
subsection
46
,
11
paragraph
“b”
,
to
evaluate
and
upgrade
their
instructional
12
materials
and
teaching
strategies
for
human
growth
and
13
development.
14
2.
Subject
to
section
279.80
,
each
Each
school
board
shall
15
provide
age-appropriate
and
research-based
instruction
in
16
human
growth
and
development
including
instruction
regarding
17
self-esteem,
stress
management,
interpersonal
relationships,
18
and
domestic
abuse
,
the
human
papilloma
virus,
as
defined
by
19
the
centers
for
disease
control
and
prevention
of
the
United
20
States
department
of
health
and
human
services,
and
the
21
availability
of
a
vaccine
to
prevent
the
human
papilloma
virus,
22
and
acquired
immune
deficiency
syndrome,
in
grades
one
through
23
six.
24
Sec.
6.
Section
279.76,
subsection
1,
paragraph
a,
Code
25
2024,
is
amended
to
read
as
follows:
26
a.
Each
school
district
is
prohibited
from
administering
27
or
conducting
an
invasive
physical
examination
of
a
student,
28
a
student
health
screening
that
is
not
required
by
state
or
29
federal
law,
or
a
formal
examination
or
survey
of
a
student
30
that
is
designed
to
assess
the
student’s
mental,
emotional,
or
31
physical
health
that
is
not
required
by
state
or
federal
law,
32
without
first
acquiring
the
written
consent
of
the
student’s
33
parent
or
guardian.
This
section
applies
only
to
a
minor
child
34
in
the
direct
care
of
a
parent
or
guardian,
and
does
not
apply
35
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to
an
emancipated
minor
or
a
minor
who
is
not
residing
with
the
1
parent
or
guardian.
2
Sec.
7.
Section
299A.9,
subsection
1,
Code
2024,
is
amended
3
to
read
as
follows:
4
1.
A
child
of
compulsory
attendance
age
who
is
identified
5
as
requiring
special
education
under
chapter
256B
is
eligible
6
for
placement
under
competent
private
instruction
with
prior
7
approval
of
the
placement
by
the
director
of
special
education
8
of
the
area
education
agency
of
the
child’s
district
of
9
residence
.
10
Sec.
8.
REPEAL.
Sections
279.77,
279.78,
279.79,
279.80,
11
and
601.1,
Code
2024,
are
repealed.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
children
and
students,
including
by
16
modifying
provisions
related
to
a
parent’s
or
guardian’s
rights
17
to
make
decisions
affecting
the
parent’s
or
guardian’s
child,
18
the
educational
program
and
human
growth
and
development
19
curriculum
provided
to
students
enrolled
in
school
districts,
20
charter
schools,
and
innovation
zone
schools,
student
21
health
screenings,
school
district
library
programs,
special
22
education,
and
other
duties
of
school
districts
and
the
23
governing
boards
of
charter
schools
and
innovation
zone
24
schools.
25
The
bill
requires
the
health
curriculum
provided
to
students
26
enrolled
in
grades
one
through
six
in
school
districts
and
27
accredited
nonpublic
schools
to
include
instruction
related
to
28
the
characteristics
of
acquired
immune
deficiency
syndrome.
29
The
bill
requires
the
human
growth
and
development
instruction
30
provided
to
students
enrolled
in
grades
7
through
12
in
31
school
districts
and
accredited
nonpublic
schools
to
include
32
instruction
related
to
the
human
papilloma
virus,
as
defined
33
by
the
centers
for
disease
control
and
prevention
of
the
34
United
States
department
of
health
and
human
services,
and
the
35
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9
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2223
availability
of
a
vaccine
to
prevent
the
human
papilloma
virus,
1
and
acquired
immune
deficiency
syndrome.
2
Current
law
requires
that
school
district
library
programs
3
be
consistent
with
Code
section
280.6
(religious
books)
4
and
contain
only
age-appropriate
materials.
Current
law
5
establishes
enforcement
mechanisms
related
to
the
requirements
6
concerning
school
district
libraries
containing
only
7
age-appropriate
materials.
The
bill
strikes
these
provisions.
8
Current
law
requires
the
state
board
of
education
to
establish
9
in
rule
standards
for
school
district
library
programs,
which
10
standards
shall
be
designed
to
provide
for
methods
to
improve
11
library
collections
to
meet
student
needs,
include
a
current
12
and
diverse
collection
of
fiction
and
nonfiction
materials
13
in
a
variety
of
formats
to
support
student
curricular
needs,
14
and
include
a
plan
for
annually
updating
and
replacing
library
15
materials
and
equipment.
The
bill
strikes
these
provisions.
16
The
bill
modifies
the
definition
of
“age-appropriate”
for
17
purposes
of
the
educational
program
established
under
Code
18
section
256.11.
19
Current
law
prohibits
school
districts,
charter
schools,
20
and
innovation
zone
schools
from
administering
or
conducting
a
21
formal
examination
or
survey
of
a
student
that
is
designed
to
22
assess
the
student’s
mental,
emotional,
or
physical
health
that
23
is
not
required
by
state
or
federal
law
without
acquiring
the
24
written
consent
of
the
student’s
parent
or
guardian.
The
bill
25
strikes
this
provision.
26
Current
law
provides
that
a
child
of
compulsory
attendance
27
age
who
is
identified
as
requiring
special
education
under
Code
28
chapter
256B
is
eligible
for
placement
under
competent
private
29
instruction.
The
bill
modifies
this
provision
to
provide
30
that
such
a
child
is
eligible
for
placement
under
competent
31
private
instruction
with
prior
approval
of
the
placement
by
the
32
director
of
special
education
of
the
area
education
agency
of
33
the
child’s
district
of
residence.
34
Current
Code
section
279.77
requires
school
districts
to
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post
certain
specified
information
on
the
school
district’s
1
internet
site
and
adopt
a
policy
describing
the
procedures
for
2
the
parent
or
guardian
of
a
student
enrolled
in
the
school
3
district,
or
a
resident
of
the
school
district,
to
review
4
the
instructional
materials
used
in
classrooms
in
the
school
5
district.
The
bill
repeals
Code
section
279.77.
6
Current
Code
section
279.78
prohibits
school
districts,
7
charter
schools,
and
innovation
zone
schools
from
knowingly
8
giving
false
or
misleading
information
to
the
parent
or
9
guardian
of
a
student
regarding
the
student’s
gender
identity
10
or
intention
to
transition
to
a
gender
that
is
different
than
11
the
sex
listed
on
a
student’s
official
birth
certificate
12
or
certificate
issued
upon
adoption.
Current
Code
section
13
279.78
provides
that
if
a
student
enrolled
in
a
school
14
district,
charter
school,
or
innovation
zone
school
requests
an
15
accommodation
that
is
intended
to
affirm
the
student’s
gender
16
identity
from
a
licensed
practitioner
employed
by
the
school,
17
including
a
request
that
the
licensed
practitioner
address
the
18
student
using
a
name
or
pronoun
that
is
different
than
the
name
19
or
pronoun
assigned
to
the
student
in
the
school’s
registration
20
forms
or
records,
the
licensed
practitioner
is
required
to
21
report
the
student’s
request
to
an
administrator
employed
by
22
the
school,
and
the
administrator
is
required
to
report
the
23
student’s
request
to
the
student’s
parent
or
guardian.
The
24
bill
repeals
Code
section
279.78.
25
Current
Code
section
279.79
requires
school
districts,
26
charter
schools,
and
innovation
zone
schools
to
receive
the
27
prior
written
consent
of
a
student’s
parent
or
guardian
before
28
requiring
a
student
to
take
part
in
any
survey,
analysis,
29
activity,
or
evaluation
that
reveals
certain
specified
30
information.
Current
Code
section
279.79
provides
that
an
31
employee
or
contractor
of
a
school
district,
charter
school,
32
or
innovation
zone
school
is
prohibited
from
answering
any
33
question
pertaining
to
any
particular
student
enrolled
in
34
the
school
in
any
survey
related
to
the
social
or
emotional
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abilities,
competencies,
or
characteristics
of
the
student,
1
unless
the
school
satisfies
certain
specified
requirements.
2
The
bill
repeals
Code
section
279.79.
3
Current
Code
section
279.80
prohibits
school
districts,
4
charter
schools,
and
innovation
zone
schools
from
providing
any
5
program,
curriculum,
test,
survey,
questionnaire,
promotion,
or
6
instruction
relating
to
gender
identity
or
sexual
orientation
7
to
students
in
kindergarten
through
grade
six.
The
bill
8
repeals
Code
section
279.80
and
makes
conforming
changes.
9
Current
Code
section
601.1
provides
that,
except
as
provided
10
in
Code
section
147.164
(gender
transition
procedure
——
related
11
activities
——
minors
——
prohibitions),
a
parent
or
guardian
12
bears
the
ultimate
responsibility,
and
has
the
fundamental,
13
constitutionally
protected
right,
to
make
decisions
affecting
14
the
parent’s
or
guardian’s
minor
child,
including
decisions
15
related
to
the
minor
child’s
medical
care,
moral
upbringing,
16
religious
upbringing,
residence,
education,
and
extracurricular
17
activities.
The
bill
repeals
Code
section
601.1.
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