House File 8 - Introduced
                                  HOUSE FILE 8
                                  BY WHEELER, HOLT, STONE,
                                      DUNWELL, MOMMSEN, COLLINS,
                                      FISHER, GUSTOFF, JENEARY,
                                      VONDRAN, WULF, BRADLEY,
                                      MEGGERS, KNIFF MCCULLA,
                                      GOLDING, DEYOE, GRABER,
                                      P. THOMPSON, WILLS,
                                      GUSTAFSON, JOHNSON, BODEN,
                                      HARRIS, KAUFMANN, FRY,
                                      NORDMAN, YOUNG, HENDERSON,
                                      HORA, WOOD, OSMUNDSON,
                                      WINDSCHITL, GRASSLEY, and
                                      GERHOLD
                            A BILL FOR
1 An Act prohibiting instruction related to gender identity and
2    sexual orientation in school districts and charter schools
3    in kindergarten through grade three.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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                                 H.F. 8
 1      Section 1. Section 256.11, subsections 2 and 3, Code 2023,
 2   are amended to read as follows:
 3      2. The kindergarten program shall include experiences
 4   designed to develop healthy emotional and social habits and
 5   growth in the language arts and communication skills, as well
 6   as a capacity for the completion of individual tasks, and
 7   protect and increase physical well-being with attention given
 8   to experiences relating to the development of life skills and,
 9   subject to section 279.77, age-appropriate and research-based
10   human growth and development. A kindergarten teacher shall be
11   licensed to teach in kindergarten. An accredited nonpublic
12   school must meet the requirements of this subsection only if
13   the nonpublic school offers a kindergarten program; provided,
14   however, that section 279.77 shall not apply to a nonpublic
15   school.
16      3. The following areas shall be taught in grades one through
17   six: English-language arts, social studies, mathematics,
18   science, health, age-appropriate and research-based
19   human growth and development, physical education, traffic
20   safety, music, and visual art, and, subject to section
21   279.77, age-appropriate and research-based human growth and
22   development. Computer science instruction incorporating
23   the standards established under section 256.7, subsection
24   26, paragraph “a”, subparagraph (4), shall be offered in
25   at least one grade level commencing with the school year
26   beginning July 1, 2023. The health curriculum shall include
27   the characteristics of communicable diseases including acquired
28   immune deficiency syndrome. The state board as part of
29   accreditation standards shall adopt curriculum definitions for
30   implementing the elementary program.
31      Sec. 2. Section 256E.7, subsection 2, Code 2023, is amended
32   by adding the following new paragraph:
33      NEW PARAGRAPH. 0j. Be subject to and comply with the
34   requirements of section 279.77 relating to sexual orientation
35   and gender identity instruction in kindergarten through grade
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                                 H.F. 8
 1   three in the same manner as a school district.
 2      Sec. 3. Section 279.50, subsections 1 and 2, Code 2023, are
 3   amended to read as follows:
 4      1. Each Subject to section 279.77, each school board shall
 5   provide instruction in kindergarten which gives attention
 6   to experiences relating to life skills and human growth and
 7   development as required in section 256.11. School districts
 8   shall use research provided in section 256.9, subsection 46,
 9   paragraph “b”, to evaluate and upgrade their instructional
10   materials and teaching strategies for human growth and
11   development.
12      2. Each school board shall provide age-appropriate and
13   research-based instruction in human growth and development
14   including instruction regarding human sexuality, self-esteem,
15   stress management, interpersonal relationships, domestic
16   abuse, HPV and the availability of a vaccine to prevent HPV,
17   and acquired immune deficiency syndrome as required in section
18   256.11, in grades one four through twelve.
19      Sec. 4. Section 279.50, Code 2023, is amended by adding the
20   following new subsection:
21      NEW SUBSECTION. 1A. Subject to section 279.77, each
22   school board shall provide age-appropriate and research-based
23   instruction in human growth and development including
24   instruction regarding human sexuality, self-esteem, stress
25   management, interpersonal relationships, domestic abuse, HPV
26   and the availability of a vaccine to prevent HPV, and acquired
27   immune deficiency syndrome as required in section 256.11, in
28   grades one through three.
29      Sec. 5. NEW SECTION. 279.77 Sexual orientation and gender
30   identity —— prohibited instruction.
31      1. As used in this section:
32      a. “Gender identity” means the same as defined in section
33   216.2.
34      b. “Sexual orientation” means the same as defined in section
35   216.2.
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                                          H.F. 8
 1      2. A school district shall not provide any program,
 2   curriculum, material, test, survey, questionnaire, activity,
 3   announcement, promotion, or instruction of any kind relating
 4   to gender identity or sexual orientation to students in
 5   kindergarten through grade three.
 6                             EXPLANATION
 7           The inclusion of this explanation does not constitute agreement with
 8           the explanation’s substance by the members of the general assembly.
 9      This bill prohibits instruction related to gender identity
10   and sexual orientation in school districts and charter schools
11   in kindergarten through grade three. The bill makes conforming
12   changes to Code sections 256.11 (educational standards) and
13   279.50 (human growth and development instruction) to provide
14   that the human growth and development instruction provided to
15   students in kindergarten through grade three shall not include
16   any program, curriculum, material, test, survey, questionnaire,
17   activity, announcement, promotion, or instruction of any kind
18   relating to gender identity or sexual orientation. The bill
19   defines “gender identity” and “sexual orientation”.
20      The bill requires the human growth and development
21   instruction provided in the kindergarten program to be both
22   age-appropriate and research-based.
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Statutes affected: Introduced: 256.11, 279.77