Section 279.78 - Parental rights in education1. As used in this section:a."Gender identity" means the same as defined in section 216.2.b."License" means the same as defined in section 256.145.c."Practitioner" means the same as defined in section 256.145.2. A school district shall not knowingly give false or misleading information to the parent or guardian of a student regarding the student's gender identity or intention to transition to a gender that is different than the sex listed on a student's official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the student's birth.3. If a student enrolled in a school district requests an accommodation that is intended to affirm the student's gender identity from a licensed practitioner employed by the school district, including a request that the licensed practitioner address the student using a name or pronoun that is different than the name or pronoun assigned to the student in the school district's registration forms or records, the licensed practitioner shall report the student's request to an administrator employed by the school district, and the administrator shall report the student's request to the student's parent or guardian.4. If, after investigation, the department of education determines that a school district or an employee of a school district has violated this section, the school district or employee of the school district, as applicable, shall be subject to the following: a. For the first violation of this section, the department of education shall issue a written warning to the board of directors of the school district or the employee, as applicable.b.(1) For a second or subsequent violation of this section, if the department of education finds that a school district knowingly violated this section, the superintendent of the school district shall be subject to a hearing conducted by the board of educational examiners pursuant to section 256.146, subsection 13, which may result in disciplinary action.(2) For a second or subsequent violation of this section, if the department of education finds that an employee of the school district who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners knowingly violated this section, the employee shall be subject to a hearing conducted by the board of educational examiners pursuant to section 256.146, subsection 13, which may result in disciplinary action.5. The state board of education shall adopt rules pursuant to chapter 17A to administer this section.Added by 2023 Iowa, ch 91, s 14, eff. 7/1/2023.This section has been affected by the Code Editor.Referred to in §256E.7, 256F.4
NEW section