House File 348 - Reprinted
HOUSE FILE 348
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HF 8)
(As Amended and Passed by the House March 8, 2023)
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 six.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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H.F. 348
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. 348
1 six 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 seven 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 six.
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. 348
1 2. A school district shall not provide any program,
2 curriculum, test, survey, questionnaire, promotion, or
3 instruction relating to gender identity or sexual orientation
4 to students in kindergarten through grade six.
5 3. a. If, as a result of complying with the requirements of
6 this section, a civil action is instituted against a member of
7 the board of directors of a school district, a school district,
8 or an employee of a school district, the attorney general shall
9 provide legal representation at no cost to the member of the
10 board of directors of the school district, the school district,
11 or the employee of a school district in the civil action.
12 b. In addition to the expenses of legal representation,
13 the state shall assume financial responsibility for any other
14 expenses related to the civil action described in paragraph “a”
15 incurred by the member of the board of directors of a school
16 district, the school district, or the employee of the school
17 district, including any award for attorney fees or court costs
18 and the loss of any federal funds as a result of the civil
19 action.
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Statutes affected: Introduced: 256.11, 279.77
Reprinted: 256.11, 279.77