Bills › 90th General Assembly
Where it is now
- Done: IntroducedFebruary 28, 2023
- Done: SubcommitteeFebruary 28, 2023
- Done: House committeeMarch 30, 2023
- Done: Passes the HouseApril 4, 202355–42
- Skipped: Senate committeeSkipped
- Done: Passes the SenateMarch 22, 202334–16
- Done: To the GovernorMay 11, 2023
- Done: Signed into lawMay 26, 2023
SF 496 became law → The same legislation passed as SF 496, so this version was set aside. Go to SF 496 What’s a funnel?
What’s in it
AI summary This bill gives parents and guardians the ultimate authority to make decisions regarding their child's medical care, education, and upbringing. It prevents schools from teaching about gender identity or sexual activity to students in kindergarten through third grade and requires schools to get parental permission before using certain nicknames or pronouns for students. Additionally, students must pass a civics test to graduate, and schools must provide parents with more information and control over classroom materials and mental health surveys.1
Read the official explanation
This bill relates to children and students, including establishing a parent’s or guardian’s right to make decisions affecting the parent’s or guardian’s child and modifying provisions related to student health screenings and the curriculum in school districts, accredited nonpublic schools, and charter schools, other duties of school districts, competent private instruction, and special education. The bill prohibits instruction related to gender identity and sexual activity in school districts, accredited nonpublic schools, charter schools, and innovation zone schools in kindergarten through grade three. 50 (human growth and development instruction) to provide that human growth and development instruction provided to students in kindergarten through grade three shall not include any program, curriculum, material, test, survey, questionnaire, activity, announcement, promotion, or instruction of any kind relating to gender identity or sexual activity.50 requires that the human growth and development instruction provided in school districts to students enrolled in grades through shall include instruction regarding human sexuality. The bill strikes this requirement for grades one through three.50 (human growth and development instruction).50. The bill makes conforming changes. The bill requires the human growth and development instruction provided in the kindergarten program to be both age-appropriate and research-based.11 is required to include, in grades through 12, five units of social studies, one-half unit of which is to consist of instruction in United States government. The bill provides that this one-half unit of United States government shall include an assessment of the student’s knowledge of United States government and civics. The bill provides that the most recent version of the civics test developed by the United States citizenship and immigration services shall be used as the assessment. The bill requires each school district and accredited nonpublic school to submit the results of the civics test to the department of education by June of each year. The bill authorizes a school district or accredited nonpublic school to modify the civics test for a student who has an individualized education program. The bill provides that a student must answer at least percent of the questions correctly on the civics test as a condition of graduation. The bill authorizes a student who fails to answer at least percent of the questions on the civics test correctly to retake the civics test. _____ 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 provision applies only to a minor child in the direct care of a parent or guardian, and does not apply to an emancipated minor or a minor who is not residing with the parent or guardian. The bill provides that this provision does not apply to a hearing or vision examination. The bill requires school districts, charter schools, and innovation zone schools to 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. This provision applies only to the parents or guardians of a minor child who is in the direct care of the parent or guardian, and does not apply to the parents or guardians of an emancipated minor or a minor who is not residing with the parent or guardian. The bill provides that this provision does not apply to a hearing or vision examination. _____ of directors of the school district. The bill also requires each school district to update this information at least two times each semester or at the start of each trimester, as applicable. The bill requires each school district to notify the department of education that the board of directors of the school district has removed a book from a library operated by the school district, a classroom, or any area on school district property within seven days after removal. The bill also requires the department to make available on the department’s internet site, and update at least monthly, a comprehensive list (removal list) of all of these notices, sortable by the book’s title and author and the school districts that have removed the book from libraries operated by the school district, classrooms, or any areas on school property.80, which requires a school district to immediately notify the parent or guardian of a minor child enrolled in the school district if any employee of the school district reasonably believes the minor child has expressed a gender identity that is different than the biological sex listed on the minor child’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the minor child’s birth.68, the school district shall not notify the parent or guardian and shall immediately report the school district’s safety concerns to the department of health and human services so that the department may determine whether the minor child is a child in need of assistance under Code chapter 232 (juvenile justice). _____ of a minor child enrolled in a school district to access and review all school records related to the minor child unless Code chapter 232, subchapter III, part (child abuse reporting, assessment, and rehabilitation), prohibits the record from being disclosed.80 provides that a school district must receive the prior written consent of a minor child’s parent or guardian before allowing a minor child enrolled in the school district to check out or access any book that is on the removal list.80 provides that a school district must receive the prior written consent of the parent or guardian of a minor child enrolled in the school district before allowing any employee of the school district to address the minor child using a nickname or a pronoun that does not correspond to the biological sex that is listed on the minor child’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the minor child’s birth.80 prohibits a school district from requiring any minor child enrolled in the school district to engage in any activity or instruction provided by a guest lecturer or outside presenter, or any activity or instruction that involves obscene material or sexually explicit material, without providing the minor child’s parent or guardian with notice at least hours prior to the activity or instruction.80 also prohibits a school district from allowing a minor child to engage in the activity or instruction if the minor child’s parent or guardian provides notice to the school district requesting that the minor child be excused from the activity or instruction. _____ department shall issue a written warning to the board of directors, and for a second or subsequent violation, the department shall assess a civil penalty against the school district not to exceed $5,000.80.80. The bill provides that a child of compulsory attendance age who is identified as requiring special education is eligible for placement under competent private instruction without prior approval of the placement by the director of special education of an area education agency. The bill also provides that a child who is identified as requiring special education may request dual enrollment and the appropriate special education services for the child shall be determined pursuant to Code chapter 256B (special education).1, which provides that a parent or guardian bears the ultimate responsibility to make decisions affecting the parent’s or guardian’s minor child, including decisions related to the minor child’s medical care, moral upbringing, religious upbringing, residence, education, and extracurricular activities.1 shall not be construed to prohibit a minor child from receiving medical attention in an emergent care situation or to prohibit a person from cooperating in a child abuse assessment.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. _____ mandate included in the bill.
Changed since by amendments S-3160, S-3117, H-1183, H-1173, S-3104, S-3099, S-3097; see Amendments.
House subcommittee
Named February 28, 2023. On March 2, 2023 it recommended passage. Vote Total: 2-0.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
113 written public comments to its subcommittee: March 29, 2023 (6), March 2, 2023 (2), February 23, 2023 (105) · on the Legislature’s site
Fiscal note
AI summary This bill changes rules regarding school library operations, curriculum, parental rights, and special education services. The changes to curriculum, surveys, and special education will have no fiscal impact on the state or school districts. While the library and transparency requirements may cost school districts money for staff time and software, those specific costs cannot be estimated.3
Read the fiscal note
Description
Senate File 496 makes a number of changes to required school library operations, school curriculum, school transparency, and special education services.
The Bill requires the Department of Education (DE) to adopt administrative rules that require school districts, charter schools, and innovation zone schools to periodically review materials currently in their libraries and any material being added to the library for obscene or sexually explicit material. The Bill requires the board of directors of a school district to notify the DE of any book that is removed from a school library because the book is deemed to contain obscene or sexually explicit material. The DE is required to maintain a list of such books, and school districts are prohibited from allowing a student to access a book on the list unless the school district has received prior written consent from the student’s parent or guardian. The Bill also provides for a number of curriculum changes, mostly to human growth and development curriculum. Specifically, the Bill prohibits any instruction by a school district, charter school, or innovation zone school regarding gender identity or human sexuality before grade five, or grade six if grade six is taught in elementary school. The Bill also removes language relating to certain sexually transmitted infections (STIs). In addition, the Bill requires students to pass the United States Citizenship and Immigration Services civics test as part of required United States government classes.
The Bill requires school districts, charter schools, and innovation zone schools to obtain prior written consent of a student’s parent or guardian before requiring a student to participate in any survey or formal assessment that is designed to assess a student’s mental, emotional, or physical health, or that would reveal information about the student or student’s parents, including information about political affiliations, mental or psychological problems, sexual behavior, illegal or antisocial behavior, religion, income, and more. The Bill makes an exception for surveys required by State or federal law, but requires schools to provide seven days’ written notice to the student’s parent or guardian before administering such surveys. School districts are also prohibited from releasing information about students without receiving parental consent.
The Bill requires school districts to publish the following information online:
- A list of all materials that will be used to teach students in each class in the school district, sortable by subject area, grade level, and teacher.
- A list of all books available to students in the classrooms and libraries operated by the school district.
- A detailed explanation of the procedures or policies in effect for the parent or guardian of a student enrolled in the school district to request the removal of any educational material from a classroom or school library.
- A list of every person in direct contact with students in the school district who contracts with or otherwise receives moneys from the board of directors of the school district. The Bill asserts that a parent or guardian bears ultimate responsibility and has the constitutionally protected right to make decisions affecting their minor child, including decisions related to medical care, moral upbringing, religious upbringing, residence, education, and extracurricular activities. The Bill also enumerates some of these rights specifically, including:
- Requiring a school district to notify a student’s parent or guardian if any employee reasonably believes that the student has expressed a gender identity that is different than the biological sex listed on the student’s birth certificate. If the school district is aware of specific threats to student safety that may occur as a result of such a disclosure, the school is not permitted to notify the parents, but is instead required to contact the Department of Health and Human Services.
- Permitting the parent or guardian of a student to access and review any school record concerning the parent’s or guardian’s child unless the record is specifically prohibited from being disclosed.
- Prohibiting school employees from referring to a student by a name or pronouns that do not correspond to the biological sex listed on the child’s birth certificate without explicit written consent from the student’s parent or guardian.
- Prohibiting school districts from requiring a student to engage in any activity or instruction provided by a guest lecturer or any activity or instruction that involves obscene or sexually explicit material without the explicit written consent of the student’s parent or guardian. Schools are required to provide notice of any such activity or instruction to parents or guardians at least seven days prior to the activity or instruction.
- Violations of these requirements carry penalties of a written warning for the first violation and a formal review by the Board of Educational Examiners for any subsequent violation. The Bill also makes changes to the administration of special education. These changes include:
- Removing the requirement that students identified as requiring special education who wish to receive private competent instruction receive the permission of the local Area Education Agency (AEAs).
- Allowing the parent, guardian, or legal custodian of a student identified as requiring special education to request dual enrollment.
Background
Some school district transparency provisions in the Bill may require software upgrades for school districts. In order to administer the transparency provisions, school districts would require a publicly accessible Learning Content Management System and a publicly accessible Integrated Library System. The Iowa Association of School Boards (IASB) conducted a survey in 2022 showing the current capabilities of school districts and the average cost of each system, as shown in Table 1:
Source: Iowa Association of School Boards 2022 SurveyYes No Average Cost
Online Learning Content Management
System 93.4% 6.6% $37,000
Publicly accessible online Integrated
Library System 54.5% 45.5% $16,000
Current School Software Capabilities
Table 1 9.6% of the school districts that reported having an online Learning Content Management System said that the system was only in use at the high school level.
Assumptions
- According to DE statistics, for the 2022-2023 school year, there were 37,775 full-time teachers.
- Each teacher will require time to organize and prepare materials for posting. The time a teacher will need is based on a number of factors, such that a reliable average cannot be estimated.
- The cost of hiring additional contract hours for teachers is variable across the State. Many school districts pay a per diem, which is prorated to the teacher’s salary.
- According to DE statistics, the average salary of a teacher in Iowa is $61,132.
- The cost of a substitute teacher to release one teacher for one day is estimated to be $160, based on publicly available information.
- Dual enrollment and online classwork are not included in the requirements.
- It is unclear whether the requirements to posting of materials would apply to online classes, concurrent enrollment classes, or other coursework provided through a higher education institution.
- Additional permissions and costs may be required for the posting of materials that are from course providers outside of the school district.
Fiscal Impact
The changes to school curriculum, school survey requirements, parents’ rights in education, and special education will have no fiscal impact to the State or to school districts. The changes to school library operation, specifically to the requirements to review materials, may involve some staff time which would be a cost to school districts, but such costs cannot be estimated. The educational materials transparency measures will have no fiscal impact to the State, but will have a fiscal impact to school districts. The requirement of the Bill to make information sortable requires an interactive database, which may be beyond the current capabilities of school district software and systems. Additional administrative costs may be required to support the software and systems and support internal and external users. These costs cannot be estimated and would vary by school district.
School districts may need to provide classroom coverage for the time teachers would need to prepare materials for posting or add additional contract days for completion of the work. Table 2 summarizes the costs depending on which option school districts choose and the average number of days required to complete the task.Average
Days
Cost if Hiring Additional
Contract Hours
Cost if Hiring Substitute
Teachers
1 12,465,750$ 6,044,000$ 2 24,931,500 12,088,000 3 37,397,250 18,132,000 4 49,863,000 24,176,000 5 62,328,750 30,220,000 Fiscal Impact of Transparency Measures to School Districts Table 2
Sources
- Iowa Association of School Boards
- Iowa Department of Education
- Iowa State Education Association
- Legislative Services Agency
- Education, Parental Rights and School Transparency · March 20, 2023
Iowa Code it changes
Creates§279.77§279.78§279.79§279.80§601.1
Lobbying
10 for · 43 against · 11 undecided · Who →
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90th General Assembly