Relating to education, including modifying the responsibilities of the state board of education and school districts, prohibiting instruction related to gender identity or sexual orientation in school districts and charter schools in kindergarten through grade eight, modifying provisions associated with the human growth and development instruction and health screenings provided in school districts, charter schools, and innovation zone schools, and providing civil penalties

78, which prohibits instruction related to gender identity or sexual orientation in school districts and charter schools in kindergarten through grade eight.50 (human growth and development instruction) to provide that the human growth and development instruction provided to students in kindergarten through grade eight shall not include any program, curriculum, material, test, survey, questionnaire, activity, announcement, promotion, or instruction of any kind relating to gender identity or sexual orientation. The bill defines “gender identity” and “sexual orientation”. The bill requires the human growth and development instruction provided in kindergarten to be both age-appropriate and research-based. The bill requires each school district, charter school, and innovation zone school, at the beginning of each school year, to notify the parent or guardian of each student enrolled in the school district of all invasive physical examinations, and student health screenings that are not required by state or federal law, that may be provided in the student’s attendance center during the school year.77, which requires the board of directors of a school district to adopt policies that require school district employees to notify the parent or guardian of a student enrolled in the school district if a change in the student’s mental health or well-being, emotional health or well-being, physical health or well-being, or the school district’s ability to provide a safe and supportive learning environment for the student results in the school district changing the services the school district provides to the student or the school district’s monitoring or supervision of the student.77 establishes that these policies shall reinforce the fundamental right of parents and guardians to make decisions related to the upbringing and control of the parent’s or guardian’s children and require employees of the school district to encourage the student to discuss issues relating to the student’s mental health or well-being, emotional health or well-being, physical health or well-being or the learning environment within the school district with the student’s parent or guardian, or facilitate such discussion.77 provides that, before administering any screening form to a student enrolled in kindergarten through grade eight that is related to the student’s health or well-being, a school district must provide a copy of the screening form to the student’s parent or guardian and obtain the written consent of the parent or guardian to administer the screening form.78 by an employee or contractor of the school district may notify the board of directors of the school district of the potential violation. The bill provides that a board of directors that receives such a notification shall consult with the parent or guardian and, if the board of directors agrees a potential violation may have occurred, remedy the violation within days after receipt of the notification. The bill establishes that, if days or more after providing the notification the parent or guardian reasonably believes that the board of directors has not remedied the potential violation, the parent or guardian may require the state board of education to appoint an administrative law judge to provide a recommendation for a resolution of the dispute or bring a civil action for injunctive relief, declaratory relief, or damages against the school district. The bill provides that if the parent or guardian is the prevailing party in the civil action, the court shall assess a civil penalty against the school district in an amount not less than $10,000 and not more than $50,000. The bill requires each school district to annually provide to the parent or guardian of any student enrolled in the school district with information related to the procedure for resolving potential violations provided in this provision. The bill also requires the state board to adopt rules to administer this provision.