Bill Summary – FastDemocracy

Senate File 83 - Introduced
                                  SENATE FILE 83
                                  BY J. TAYLOR, GUTH, LOFGREN,
                                      GARRETT, WESTRICH, ROWLEY,
                                      ZAUN, SALMON, ROZENBOOM,
                                      GREEN, EVANS, DE WITT,
                                      ALONS, SWEENEY, REICHMAN,
                                      and COURNOYER
                            A BILL FOR
An Act relating to instruction relating to gender identity in
  the curriculum provided to students enrolled in kindergarten
  through grade eight in school districts, accredited
  nonpublic schools, and charter schools and creating a
  private cause of action.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 256.11, subsections 2, 3, and 4, Code
 2023, are amended to read as follows:
    2. 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 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.
 The curriculum provided to students in accordance with this
 subsection shall not include instruction relating to gender
 identity as defined in section 216.2.
    3. The following areas shall be taught in grades one through
 six: English-language arts, social studies, mathematics,
 science, health, age-appropriate and research-based human
 growth and development, physical education, traffic safety,
 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, 2023. 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. The curriculum
 provided to students in accordance with this subsection shall
 not include instruction relating to gender identity as defined
 in section 216.2.
    4. 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;
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                                 S.F. 83
 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, 2023. 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
 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. The curriculum provided to students in accordance
 with this subsection shall not include instruction relating to
 gender identity as defined in section 216.2.
    Sec. 2. NEW SECTION. 280.33 Instruction related to gender
 identity —— private cause of action.
    1. A parent or guardian of a student alleging a violation
 of the prohibition against providing curriculum that includes
 instruction relating to gender identity provided in section
 256.11, subsection 2, 3, or 4, may bring a civil action
 for injunctive relief against a school district, accredited
 nonpublic school, or charter school to prohibit the school
 district, accredited nonpublic school, or charter school from
 continuing such violation.
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  2. If a parent or guardian is the prevailing party in a
civil action instituted pursuant to subsection 1, the court
shall award reasonable court costs and attorney fees to the
parent or guardian.
                         EXPLANATION
         The inclusion of this explanation does not constitute agreement with
         the explanation’s substance by the members of the general assembly.
    This bill establishes that the curriculum utilized in
 kindergarten through grade eight by a school district,
 accredited nonpublic school, or charter school in accordance
 with the state’s educational standards shall not include
 instruction relating to gender identity. “Gender identity”,
 for purposes of the bill, means a gender-related identity of a
 person, regardless of the person’s assigned sex at birth.
    The bill provides that if a school district, accredited
 nonpublic school, or charter school violates this prohibition,
 a parent or guardian of a student may bring a civil action
 for injunctive relief against the school district, accredited
 nonpublic school, or charter school to prohibit the school
 district, accredited nonpublic school, or charter school from
 continuing such violation. The bill also provides that if the
 parent or guardian is the prevailing party in this action, the
 court shall award reasonable court costs and attorney fees to
 the parent or guardian.
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