Amendments › SF 496

Amendment S-3117 to SF 496

Relating to children and students, including establishing a parent’s or guardian’s right to make decisions affecting the parent’s or guardian’s child, authorizing the parent or guardian of a student enrolled in a school district to enroll the student in another attendance center within the same school district in certain specified circumstances, prohibiting instruction related to gender identity and sexual orientation in school districts, charter schools, and innovation zone schools in kindergarten through grade six, and modifying provisions related to student health screenings, school district library programs, the educational program provided to students enrolled in school districts, accredited nonpublic schools, and charter schools, other duties of school districts, accredited nonpublic schools, the department of education, the board of educational examiners, and the governing boards of charter schools and innovation zone schools, competent private instruction, and special education, and including effective date provisions

Adopted · April 19, 2023Strike everything: replaces the whole bill

Filed April 5, 2023 in the Senate by

What it changes

  1. By striking everything after the enacting clause and inserting: “DIVISION I SCHOOL BOARDS —— DUTIES AND RESPONSIBILITIES Section
  2. NEW SECTION . 279.8C Board of directors —— access to information.
  3. The board of directors of a school district shall have access to and may review any of the following: a. The curriculum associated with any instruction provided to students enrolled in the school district. b. Materials located in a library operated by the school district, including a library located in a classroom.
  4. A school district shall not prohibit a member of the board of directors of the school district from attending classes taught by teachers employed by the school district to observe classroom instruction, not for the purpose of evaluation, if the member has provided reasonable prior notice to the superintendent and principal of the attendance center in which the classes are taught and to the teacher providing the instruction.
  5. a. A school district shall not prohibit a member of the board of directors of the school district from accessing materials used in a professional development program that the school district, or an administrator employed by the school district, requires employees of the school district to attend. This paragraph shall not be construed to authorize a member of the board of directors of the school district to access an individual teacher professional development plan developed pursuant to section 284.6 or any materials related to an intensive assistance program a teacher is required to participate in pursuant to section 284.8. b. A school district, or an administrator employed by the school district, shall provide copies of materials used in a -1- SF 496.1546.H (4) 90 md 1/ 38 professional development program that the school district, or an administrator employed by the school district, requires employees of the school district to attend to a member of the board of directors of the school district upon request. This paragraph shall not be construed to require a school district, or an administrator employed by the school district, to provide copies of an individual teacher professional development plan developed pursuant to section 284.6, or any materials related to an intensive assistance program a teacher is required to participate in pursuant to section 284.8, to a member of the board of directors of the school district.
  6. For purposes of this section, “professional development program” means the same as defined in section 272.1. DIVISION II RESPONSIBILITIES AND REQUIREMENTS RELATED TO HEALTH Sec.
  7. DEPARTMENT OF EDUCATION —— HEALTH CARE-RELATED TRAINING FOR SCHOOL PERSONNEL WORK GROUP.
  8. The department of education shall convene and provide administrative support to a health care-related training for school personnel work group. The work group shall review and develop a plan to ensure Iowa educators have the health care training necessary to perform their duties and responsibilities, and shall consider and submit recommendations for delivery and implementation of training required under state law or rule.
  9. The work group shall include all of the following: a. (1) Two members who are staff members from the department of education, one of whom shall be an administrative consultant in the bureau of nutrition and health services. A member appointed under this subparagraph shall coordinate the work group and act as chairperson for the organizational meeting. (2) One member who is a staff member from the Iowa department of health and human services. b. Members who shall represent each of the following: -2- SF 496.1546.H (4) 90 md 2/ 38 (1) One member from a statewide organization representing teachers. (2) One member from a statewide organization representing school board members. (3) One member from a statewide organization representing school administrators. (4) One member from a statewide organization representing authorities in charge of accredited nonpublic schools. (5) One member representing the area education agencies. (6) One member from a statewide organization representing physicians. (7) One member from a statewide organization representing athletic trainers. (8) One member from a statewide organization representing emergency management services. (9) One member from a statewide organization representing health care organizations. (10) One member from a statewide organization representing school nurses.
  10. Any expenses incurred by a member of the work group shall be the responsibility of the individual member or the respective entity represented by the member.
  11. The director of the department of education or the director’s designee shall compile and provide to the work group a list of, and the purposes for, the health care training programs that school personnel are required to complete, as well as any requirements school personnel must meet following such training, in order be in compliance with state law or administrative rule.
  12. The work group shall do all of the following: a. Identify which trainings can be best provided over the internet, and how such training can be rotated on a five-year basis for school personnel. b. Develop a plan for a regular cycle of health care-related training for school personnel review, with the goal of removing -3- SF 496.1546.H (4) 90 md 3/ 38 or modifying training or training programs that are no longer relevant, and identifying less costly and more efficient options that still provide the appropriate level of training to school personnel. c. Standardize the process of establishing new training requirements in state law or rule to manage stakeholder expectations relating to the timeline for establishing the requirements. d. Create an ongoing review process to find efficiencies, identify training options that better utilize time and financial resources, and offer a continuous improvement model for the system moving forward. e. Study and make any recommended changes on rules adopted by the state board of education under 281 IAC ch. 14, relating to individual health plans prepared for students with various health conditions. f. Ensure a public comment process for patient advocacy groups and parents to provide input on the recommendations of the work group.
  13. If the work group recommends elimination or significant modification of certain health care-related training for school personnel, the department of education shall identify stakeholders who would potentially be affected by such change, and shall invite representatives from organizations representing such stakeholders to submit comments before or at an upcoming work group meeting before the work group makes final recommendations.
  14. The department of education shall compile the work group’s findings and recommendations and shall submit the compilation, including any proposal for legislation, in a report to the general assembly, the governor, and the state board of education by December 1,
  15. DIVISION III MANDATORY REPORTERS Sec.
  16. Section 232.69, subsection 1, unnumbered paragraph -4- SF 496.1546.H (4) 90 md 4/ 38 1, Code 2023, is amended to read as follows: The classes of persons enumerated in this subsection shall make a report within twenty-four hours and as provided in section 232.70 , of cases of child abuse. In addition, the classes of persons enumerated in this subsection shall make a report of abuse of a child who is under twelve years of age and may make a report of abuse of a child who is twelve years of age or older, which would be defined as child abuse under section 232.68, subsection 2 , paragraph “a” , subparagraph (3) or (5), except that the abuse resulted from the acts or omissions of a person other than a person responsible for the care of the child. Sec.
  17. Section 232.69, subsection 1, paragraph b, subparagraph (4), Code 2023, is amended to read as follows: (4) A licensed school employee, certified para-educator, holder of a coaching authorization issued under section 272.31 , school employee who is eighteen years of age or older, or an instructor employed by a community college. Sec.
  18. Section 232.70, subsection 5, Code 2023, is amended by adding the following new paragraph: NEW PARAGRAPH . 0f. If the person making the report is a licensed school employee who reasonably believes the person responsible for the injury is also a licensed school employee, the identity of the licensed school employee the person making the report believes is responsible for the injury. DIVISION IV DEPARTMENT OF EDUCATION —— REPORTING AND INVESTIGATION PROCESS Sec.
  19. Section 256.9, Code 2023, is amended by adding the following new subsection: NEW SUBSECTION .
  20. a. Develop and implement a process for the reporting and investigation of any incident that arises that may reasonably lead to the conclusion that any individual who is employed by the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school, including an -5- SF 496.1546.H (4) 90 md 5/ 38 individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, has committed a felony or, in the case of an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, has engaged in conduct described in section 272.15, subsection 1, paragraph “a” , subparagraph (1), subparagraph divisions (a) through (d). b. The process shall prohibit the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school from entering into any of the following: (1) A written or oral agreement that prohibits the board of directors of the school district, the authorities in charge of an accredited nonpublic school, the governing board of a charter school, an employee of the school district, the accredited nonpublic school, or the charter school, or a contractor of the school district, the accredited nonpublic school, or the charter school from discussing an incident, past performance or actions, past allegations leading to discipline or adverse employment action, or employee resignation with any governmental agent, governmental officer, or any potential employer. (2) A written or oral agreement that waives the liability of an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners related to or arising from an incident, past performance or action, or past allegations of wrongdoing. c. The process shall require the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school to finalize the investigation of the incident even if the employee resigns or the employee’s contract is terminated during the investigation. The board of directors of a school -6- SF 496.1546.H (4) 90 md 6/ 38 district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school, as applicable, shall provide the board of educational examiners with the results of the investigation if the employee who was investigated has a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners. d. The process shall require the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school to take all of the following actions with respect to employees who do not hold a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners: (1) Collect and retain all complaints and reports related to incidents reported under this subsection that are associated with the employee and that relate to the health and safety of students. (2) Notify the school district, accredited nonpublic school, or charter school that employs, or is seeking to employ, the employee of the existence and nature of the complaints and reports related to incidents reported under this subsection that are associated with the employee and that relate to the health and safety of students if contacted by the school district, accredited nonpublic school, or charter school. This subparagraph shall not be construed to require the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school to disclose unfounded, closed investigations. e. The board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school, and contractors of the school district, the accredited nonpublic school, or the charter school shall be immune from any civil liability arising -7- SF 496.1546.H (4) 90 md 7/ 38 from discussing an incident, past performance or actions, past allegations leading to discipline or adverse employment action, or employee resignation with any governmental agent, governmental officer, or any potential employer. f. If the board of educational examiners finds that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally failed to follow the process established by this subsection regarding an incident, or the reporting requirements established pursuant to section 272.15, related to an employee who holds a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, the board of educational examiners shall assess a fine against an administrator of the school district, the accredited nonpublic school, or the charter school who intentionally failed to ensure compliance with the process of not less than five hundred dollars and not more than five thousand dollars. Payments of the fine provided in this paragraph shall be remitted to the treasurer of the state for deposit in the general fund of the state. g. If the department finds that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally failed to follow the process established by this subsection regarding an incident related to an employee who does not hold a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, the department shall assess a fine against an administrator of the school district, the accredited nonpublic school, or the charter school who intentionally failed to ensure compliance with the process of not less than five hundred dollars and not more than five thousand dollars. Payments of the fine provided in this paragraph shall be remitted to the treasurer of the state for deposit in the -8- SF 496.1546.H (4) 90 md 8/ 38 general fund of the state. h. If the board of educational examiners finds that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally concealed, or attempted to conceal from any governmental agent, governmental officer, or potential employer a founded incident, or any conduct required to be reported pursuant to section 272.15, related to an employee who holds a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, the board of educational examiners shall assess a fine against an administrator of the school district, the accredited nonpublic school, or the charter school who intentionally assisted in the concealment, or attempted concealment, of an incident, or any conduct required to be reported pursuant to section 272.15, of not more than ten thousand dollars. Payments of the fine provided in this paragraph shall be remitted to the treasurer of the state for deposit in the general fund of the state. i. If the department finds that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally concealed, or attempted to conceal from any governmental agent, governmental officer, or potential employer a founded incident related to an employee who does not hold a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, the department shall assess a fine against an administrator of the school district, the accredited nonpublic school, or the charter school who intentionally assisted in the concealment, or attempted concealment, of an incident of not more than ten thousand dollars. Payments of the fine provided in this paragraph shall be remitted to the treasurer of the state for deposit in the general fund of the state. DIVISION V -9- SF 496.1546.H (4) 90 md 9/ 38 EDUCATIONAL PROGRAM Sec.
  21. Section 256.11, unnumbered paragraph 1, Code 2023, is amended to read as follows: The state board shall adopt rules under chapter 17A and a procedure for accrediting all public and nonpublic schools in Iowa offering instruction at any or all levels from the prekindergarten level through grade twelve. The rules of the state board shall require that a an age-appropriate, multicultural, and gender-fair approach is used by schools and school districts. The educational program shall be taught from a an age-appropriate, multicultural, and gender-fair approach. Global perspectives shall be incorporated into all levels of the educational program. The rules adopted by the state board pursuant to section 256.17, Code Supplement 1987 , to establish new standards shall satisfy the requirements of this section to adopt rules to implement the educational program contained in this section . The educational program shall be as follows: Sec.
  22. Section 256.11, subsections 2, 3, 4, and 9, Code 2023, are amended to read as follows:
  23. The kindergarten program shall include experiences designed to develop healthy emotional and social habits and growth in the language arts and communication skills, as well as a capacity for the completion of individual tasks, and protect and increase physical well-being with attention given to experiences relating to the development of life skills and , subject to section 279.80, age-appropriate and research-based human growth and development. A kindergarten teacher shall be licensed to teach in kindergarten. An accredited nonpublic school must meet the requirements of this subsection only if the nonpublic school offers a kindergarten program ; provided, however, that section 279.80 shall not apply to a nonpublic school .
  24. The following areas shall be taught in grades one through six: English-language arts, social studies, mathematics, science, health, age-appropriate and research-based -10- SF 496.1546.H (4) 90 md 10/ 38 human growth and development, physical education, traffic safety, music, and visual art , and, subject to section 279.80, age-appropriate and research-based human growth and development . Computer science instruction incorporating the standards established under section 256.7, subsection 26 , paragraph “a” , subparagraph (4), shall be offered in at least one grade level commencing with the school year beginning July 1,
  25. The health curriculum shall include the characteristics of communicable diseases including acquired immune deficiency syndrome . The state board as part of accreditation standards shall adopt curriculum definitions for implementing the elementary program.
  26. The following shall be taught in grades seven and eight: English-language arts; social studies; mathematics; science; health; age-appropriate and research-based human growth and development; career exploration and development; physical education; music; and visual art. Computer science instruction incorporating the standards established under section 256.7, subsection 26 , paragraph “a” , subparagraph (4), shall be offered in at least one grade level commencing with the school year beginning July 1,
  27. Career exploration and development shall be designed so that students are appropriately prepared to create an individual career and academic plan pursuant to section 279.61 , incorporate foundational career and technical education concepts aligned with the six career and technical education service areas as defined in subsection 5 , paragraph “h” , and incorporate relevant twenty-first century skills. The health curriculum shall include age-appropriate and research-based information regarding the characteristics of sexually transmitted diseases , including HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome . The state board as part of accreditation standards shall adopt curriculum definitions for implementing the program in grades seven and eight. However, this subsection shall not apply to the -11- SF 496.1546.H (4) 90 md 11/ 38 teaching of career exploration and development in nonpublic schools. For purposes of this section , “age-appropriate” , “HPV” , and “research-based” mean the same as defined in section 279.50 .
  28. a. Beginning July 1, 2006, each school district shall have a qualified teacher librarian who shall be licensed by the board of educational examiners under chapter 272 . Each school district shall establish a kindergarten through grade twelve library program that is consistent with the educational standards established in this section, contains only age-appropriate materials, and supports the student achievement goals of the total school curriculum. b. The state board shall establish in rule a definition of and standards for an articulated sequential kindergarten through grade twelve media program. c. A school district that entered into a contract with an individual for employment as a media specialist or librarian prior to June 1, 2006, shall be considered to be in compliance with this subsection until June 30, 2011, if the individual is making annual progress toward meeting the requirements for a teacher librarian endorsement issued by the board of educational examiners under chapter 272 . A school district that entered into a contract with an individual for employment as a media specialist or librarian who holds at least a master’s degree in library and information studies shall be considered to be in compliance with this subsection until the individual leaves the employ of the school district. Sec.
  29. Section 256.11, subsection 5, paragraph j, subparagraph (1), Code 2023, is amended to read as follows: (1) One unit of health education which shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; age-appropriate and research-based human growth and development; substance abuse and nonuse; emotional and social health; health resources; and prevention and control -12- SF 496.1546.H (4) 90 md 12/ 38 of disease, including age-appropriate and research-based information regarding sexually transmitted diseases , including HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome . Sec.
  30. Section 256.11, Code 2023, is amended by adding the following new subsection: NEW SUBSECTION .
  31. For purposes of this section: a. (1) “Age-appropriate” means topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. “Age-appropriate” does not include any material with graphic descriptions or visual depictions of a sex act as defined in section 702.17. (2) Notwithstanding subparagraph (1), for purposes of the human growth and development curriculum, “age-appropriate” means the same as defined in section 279.50. b. “Research-based” means the same as defined in section 279.50. DIVISION VI BOARD OF EDUCATIONAL EXAMINERS —— LICENSES Sec.
  32. Section 256.16, subsection 1, Code 2023, is amended by adding the following new paragraph: NEW PARAGRAPH . m. If a higher education institution providing practitioner preparation offers a program that is designed to assist students in attaining a teacher intern license from the board of educational examiners, the program shall require participants to satisfy all of the following requirements before completing the program: (1) A participant in the program must have graduated from an accredited or state-approved college or university and must meet the requirements for an endorsement area approved by the board of educational examiners for a teacher intern license. (2) A participant in the program must submit with the application to the program a copy of an offer of employment -13- SF 496.1546.H (4) 90 md 13/ 38 from a school. (3) A participant in the program must complete the required pedagogy training. (4) A participant in the program must work under the supervision of a teacher leader assigned by the school district or accredited nonpublic school, including during co-teaching and planning time. Sec.
  33. NEW SECTION . 256.161A Temporary initial license for applicants who complete an alternative teacher certification program.
  34. The board shall grant a temporary initial teaching license to an applicant who meets all of the following requirements: a. The applicant shall hold a bachelor’s degree from an accredited college or university. b. The applicant shall successfully complete an alternative teacher certification program that includes all of the following: (1) The required content training in the area in which the applicant seeks to be licensed. (2) Pedagogy training, including an examination, that teaches effective instructional delivery, classroom management and organization, assessment, instructional design, and professional learning and leadership.
  35. To be considered an alternative teacher certification program for purposes of this section, an alternative teacher certification program shall meet all of the following requirements: a. The alternative teacher certification program must operate in at least five states. b. The alternative teacher certification program must have been in operation for at least ten years.
  36. An individual who successfully completes an alternative teacher certification program and who is granted a temporary initial teaching license by the board under this section is -14- SF 496.1546.H (4) 90 md 14/ 38 authorized to teach the subjects and grade levels that the individual successfully completed during the alternative teacher certification program.
  37. An individual who successfully completes an alternative teacher certification program and who is granted a temporary initial teaching license by the board under this section shall not provide instruction to students who are eligible for services under chapter 256B until the individual successfully completes a practicum relating to providing instruction to such students that includes short-term field experiences in educational settings that are connected to specific coursework.
  38. The board shall treat an individual who successfully completes an alternative teacher certification program and who is granted a temporary initial teaching license by the board under this section in the same manner as an individual who completes a traditional teacher preparation program and who receives an initial teaching license, including during the process of converting the temporary initial teaching license to a standard teaching license. Sec.
  39. Section 272.2, subsection 13, Code 2023, is amended to read as follows:
  40. Adopt rules to provide for nontraditional preparation options for licensing persons who hold a bachelor’s degree or higher from an accredited or state-approved college or university, who do not meet other requirements for licensure. The rules shall, at a minimum, require the board to do all of the following: a. Issue a teacher intern license to an applicant who has enrolled in a program established pursuant to section 256.16, subsection 1, paragraph “m” . b. Allow a licensee who has attained a teacher intern license pursuant to paragraph “a” to apply for an initial teaching license if the school that employed the licensee during the licensee’s completion of the program established pursuant to section 256.16, subsection 1, paragraph “m” , and -15- SF 496.1546.H (4) 90 md 15/ 38 the higher education institution that operated the program, recommend that the licensee be allowed to apply for an initial teaching license. Sec.
  41. Section 272.28, Code 2023, is amended to read as follows: 272.28 Licensure beyond a temporary initial license or an initial license.
  42. Requirements for teacher licensure beyond a temporary initial license or an initial license shall include successful completion of a beginning teacher mentoring and induction program approved by the state board of education pursuant to section 284.5 ; or two years of successful teaching experience in a school district with an approved career paths, leadership roles, and compensation framework or approved comparable system as provided in section 284.15 ; or evidence of not less than three years of successful teaching experience at any of the following: a. An accredited nonpublic school in this state. b. A preschool program approved by the United States department of health and human services. c. Preschool programs at school districts approved to participate in the preschool program under chapter 256C . d. Shared visions programs receiving grants from the child development coordinating council under section 256A.3 . e. Preschool programs receiving moneys from the school ready children grants account of the early childhood Iowa fund created in section 256I.11 .
  43. A teacher from an accredited nonpublic school or another state or country is exempt from the requirement of subsection 1 if the teacher can document three years of successful teaching experience and meet or exceed the requirements contained in rules adopted under this chapter for endorsement and licensure. DIVISION VII SCHOOL RESPONSIBILITIES Sec.
  44. Section 256E.7, subsection 2, paragraph i, Code -16- SF 496.1546.H (4) 90 md 16/ 38 2023, is amended to read as follows: i. Be subject to and comply with section 279.76 relating to physical examinations , and health screenings , and formal examinations or surveys designed to assess a student’s mental, emotional, or physical health in the same manner as a school district. Sec.
  45. Section 256E.7, subsection 2, Code 2023, is amended by adding the following new paragraphs: NEW PARAGRAPH . 0j. Be subject to and comply with the requirements of section 279.78 relating to prohibitions and requirements related to the gender identity of students in the same manner as a school district. NEW PARAGRAPH . 00j. Be subject to and comply with the requirements of section 279.79 relating to student, employee, and contractor participation in surveys, analyses, activities, or evaluations in the same manner as a school district. NEW PARAGRAPH . 000j. Be subject to and comply with the requirements of section 279.80 relating to sexual orientation and gender identity instruction in kindergarten through grade six in the same manner as a school district. NEW PARAGRAPH . 0000j. Be subject to and comply with the requirements of section 279.81 relating to prohibiting students from serving on any committees that determine, or provide recommendations related to, whether a material in a school library should be removed. NEW PARAGRAPH . 00000j. Be subject to and comply with the requirements of section 280.33 relating to the reporting and investigation of an incident involving the possible commission of a felony by any person who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners in the same manner as a school district. NEW PARAGRAPH . 000000j. Be subject to and comply with the requirements of section 280.34 relating to the requirement to view the board of educational examiners’ public license -17- SF 496.1546.H (4) 90 md 17/ 38 information prior to hiring an individual who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners in the same manner as a school district. Sec.
  46. NEW SECTION . 256E.13 Extracurricular athletic activities.
  47. If a charter school established pursuant to this chapter does not offer a particular extracurricular athletic activity, a student enrolled in the charter school may participate in the extracurricular athletic activity provided by the student’s school district of residence as a member of a team from the student’s school district of residence.
  48. If a student participates in an extracurricular athletic activity provided by the student’s school district of residence pursuant to this section, the student shall be included in the school district’s basic enrollment under section 257.6 and shall be counted as one-tenth of one pupil for purposes of section 257.6.
  49. The state board may adopt rules pursuant to chapter 17A to administer this section. Sec.
  50. Section 256F.4, subsection 2, paragraph k, Code 2023, is amended to read as follows: k. Be subject to and comply with section 279.76 relating to physical examinations , and health screenings , and formal examinations or surveys designed to assess a student’s mental, emotional, or physical health in the same manner as a school district. Sec.
  51. Section 256F.4, subsection 2, Code 2023, is amended by adding the following new paragraphs: NEW PARAGRAPH . l. Be subject to and comply with the requirements of section 279.78 relating to prohibitions and requirements related to the gender identity of students in the same manner as a school district. NEW PARAGRAPH . m. Be subject to and comply with the requirements of section 279.79 relating to student, employee, -18- SF 496.1546.H (4) 90 md 18/ 38 and contractor participation in surveys, analyses, activities, or evaluations in the same manner as a school district. NEW PARAGRAPH . n. Be subject to and comply with the requirements of section 279.80 relating to sexual orientation and gender identity instruction in kindergarten through grade six in the same manner as a school district. NEW PARAGRAPH . o. Be subject to and comply with the requirements of section 279.81 relating to prohibiting students from serving on any committees that determine, or provide recommendations related to, whether a material in a school library should be removed. NEW PARAGRAPH . p. Be subject to and comply with the requirements of section 280.33 relating to the reporting and investigation of an incident involving the possible commission of a felony by any person who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners in the same manner as a school district. NEW PARAGRAPH . q. Be subject to and comply with the requirements of section 280.34 relating to the requirement to view the board of educational examiners’ public license information prior to hiring an individual who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners in the same manner as a school district. Sec.
  52. Section 257.6, subsection 1, paragraph a, Code 2023, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH . (10) In addition to subparagraph (9), resident pupils enrolled in a charter school under chapter 256E who participate in extracurricular athletic activities pursuant to section 256E.13 shall be counted as one-tenth of one pupil. Sec.
  53. Section 279.50, subsections 1 and 2, Code 2023, are amended to read as follows:
  54. Each Subject to section 279.80, each school board shall provide instruction in kindergarten which gives attention -19- SF 496.1546.H (4) 90 md 19/ 38 to experiences relating to life skills and human growth and development as required in section 256.11 . School districts shall use research provided in section 256.9, subsection 46 , paragraph “b” , to evaluate and upgrade their instructional materials and teaching strategies for human growth and development.
  55. Each school board shall provide age-appropriate and research-based instruction in human growth and development including instruction regarding human sexuality, self-esteem, stress management, interpersonal relationships, domestic abuse, HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome and the prevention and control of disease, including sexually transmitted diseases as required in section 256.11 , in grades one seven through twelve. Sec.
  56. Section 279.50, Code 2023, is amended by adding the following new subsection: NEW SUBSECTION . 1A. Subject to section 279.80, each school board shall provide age-appropriate and research-based instruction in human growth and development including instruction regarding self-esteem, stress management, interpersonal relationships, and domestic abuse in grades one through six. Sec.
  57. Section 279.50, subsection 9, paragraphs b and c, Code 2023, are amended by striking the paragraphs. Sec.
  58. Section 279.76, subsection 1, Code 2023, is amended to read as follows:
  59. a. Each school district is prohibited from administering or conducting an invasive physical examination of a student, or a student health screening that is not required by state or federal law, or a formal examination or survey of a student that is designed to assess the student’s mental, emotional, or physical health that is not required by state or federal law, without first acquiring the written consent of the student’s parent or guardian. This section applies only to a minor child in the direct care of a parent or guardian, and does not apply -20- SF 496.1546.H (4) 90 md 20/ 38 to an emancipated minor or a minor who is not residing with the parent or guardian. b. Each school district shall give written notice to a student’s parent or guardian of an examination or survey of the student required by state or federal law that is designed to assess the student’s mental, emotional, or physical health not less than seven days prior to the examination or survey. The notice shall include a copy of the examination or survey or a link to an internet site where the parent or guardian may access the examination or survey. c. This subsection shall not apply to a hearing or vision examination. Sec.
  60. NEW SECTION . 279.77 Transparency —— publication of school district information.

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book