Amendment H-1066 to HF 348

Filed March 7, 2023 in the House by

What it changes

1. Page 1, line 32, by striking “paragraph” and inserting “paragraphs”
2. Page 2, after line 1 by inserting: “NEW PARAGRAPH . 00j. Be subject to and comply with the requirements of section 279.78 relating to actions associated with the gender identity of students in the same manner as a school district.”
3. Page 3, by striking lines 2 and 3 and inserting “curriculum, test, survey, questionnaire, promotion, or instruction relating”
4. Page 3, after line 5 by inserting: “
5. a. If, as a result of complying with the requirements of this section, a civil action is instituted against a member of the board of directors of a school district, a school district, or an employee of a school district, the attorney general shall provide legal representation at no cost to the member of the board of directors of the school district, the school district, or the employee of a school district in the civil action. b. In addition to the expenses of legal representation, the state shall assume financial responsibility for any other expenses related to the civil action described in paragraph “a” incurred by the member of the board of directors of a school district, the school district, or the employee of the school district, including any award for attorney fees or court costs and the loss of any federal funds as a result of the civil action.”
6. Page 3, before line 6 by inserting: “Sec. ___. NEW SECTION . 279.78 Gender identity —— parental or guardian consent —— prohibitions.
7. A school district shall not do any of the following: a. Coerce any student to withhold information from the student’s parent or guardian related to the student’s gender identity. b. 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. c. Encourage, pressure, or coerce a student to undergo any medical procedure, treatment, or intervention that is designed to affirm the student’s gender identity if that gender identity 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. d. Encourage, pressure, or coerce a student’s parent or guardian to allow the student to undergo any medical procedure, treatment, or intervention that is designed to affirm the student’s gender identity if that gender identity is different than the sex listed on the 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.
8. a. 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, the licensed practitioner shall report the student’s request to an administrator employed by the school district. b. A school district shall not facilitate an accommodation described in paragraph “a” unless an administrator notifies the student’s parent or guardian of the request for an accommodation and the parent or guardian provides written consent to the accommodation.
9. A school district shall not do any of the following unless the parent or guardian of an unemancipated minor who is enrolled in the school district provides written consent: a. Change the name or pronoun of the unemancipated minor on the school district’s registration forms or records. b. Facilitate any accommodation that is intended to affirm the unemancipated minor’s gender identity, if that gender identity is different than the sex listed on the unemancipated minor’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the unemancipated minor’s birth.
10. For purposes of this section, “gender identity” means the same as defined in section 216.2.”
11. Title page, by striking lines 1 through 3 and inserting “An Act relating to education by prohibiting instruction related to gender identity and sexual orientation in school districts and charter schools in kindergarten through grade six and modifying the responsibilities of school districts and charter schools with respect to the gender identity of students enrolled in the school district or charter school.”
12. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book