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Iowa · SF 496

A bill for an act relating to children and students, including establishing a parent's or guardian's right to make decisions affecting the parent's or guardian's child, authorizing the parent or guardian of a student enrolled in a school district to enroll the student in another attendance center within the same school district in certain specified circumstances, prohibiting instruction related to gender identity and sexual orientation in school districts, charter schools, and innovation zone schools in kindergarten through grade six, and modifying provisions related to student health screenings, school district library programs, the educational program provided to students enrolled in school districts, accredited nonpublic schools, and charter schools, other duties of school districts, accredited nonpublic schools, the department of education, the board of educational examiners, and the governing boards of charter schools and innovation zone schools, competent private instruction, and special education, and including effective date provisions. (Formerly SSB 1145.) Effective date: 05/26/2023, 07/01/2023.

UpheldA court has ruled that this law is constitutional and may be enforced.

Introduced

Mar 2, 2023

Passed

Mar 22, 2023

Sponsors (1)

  • Education

Jurisdictions

Which districts, counties, or other jurisdictions are subject to this law — and which have confirmed book removals on record.

1 jurisdiction subject to this law·1 confirmed removals·0 awaiting confirmation

“Confirmed” means we have at least one documented book removal in our database citing this law. “Awaiting confirmation” means the jurisdiction is under the law’s authority but we don’t yet have specific removal records. Absence of evidence is not evidence of absence — many districts may be enforcing this law quietly.

Confirmed removals (1)

Legislative Timeline

Committee report, approving bill. S.J. 467.

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Introduced, placed on calendar. S.J. 461.

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Amendments S-3069 and S-3070 filed. S.J. 556.

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Fiscal note.

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Point of order raised, ruled not well taken. S.J. 669.

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Amendment S-3070 lost. S.J. 669.

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Amendment S-3069 lost. S.J. 670.

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Amendment S-3097 filed. S.J. 670.

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Amendment S-3099 to S-3097 filed, adopted. S.J. 671.

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Amendment S-3097 adopted, as amended. S.J. 671.

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Passed Senate, yeas 34, nays 16. S.J. 671.

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Immediate message. S.J. 672.

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Amendment S-3104 to S-3097 filed, adopted. S.J. 670.

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Message from Senate. H.J. 729.

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Read first time, referred to Education. H.J. 730.

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Subcommittee: Wheeler, Boden, Cahill, Holt and Matson. H.J. 735.

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Subcommittee Meeting: 03/29/2023 12:30PM RM 19.

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Subcommittee recommends passage. Vote Total: 3-2.

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Committee report, recommending amendment and passage. H.J. 748.

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Placed on calendar. H.J. 748.

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Committee amendment H-1173 filed. H.J. 750.

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Amendment H-1183 to amendment H-1173 filed, adopted. H.J. 770.

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Amendment H-1173 adopted, as amended. H.J. 770.

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Passed House, yeas 55, nays 42. H.J. 770.

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Immediate message. H.J. 771.

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Message from House, with amendment S-3117. S.J. 740.

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Amendment S-3160 to S-3117 filed, adopted. S.J. 861.

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Senate concurred with S-3117, as amended. S.J. 862.

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Passed Senate, yeas 34, nays 16. S.J. 863.

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Immediate message. S.J. 863.

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Message from Senate. H.J. 892.

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House concurred in amendment H-1271 to amendment S-3117. H.J. 899.

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Passed House, yeas 57, nays 38. H.J. 899.

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Immediate message. H.J. 901.

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Senate amendment H-1271 filed. H.J. 901.

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Message from House. S.J. 922.

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Explanation of vote. H.J. 977.

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Reported correctly enrolled, signed by President and Speaker, and sent to Governor. S.J. 1086.

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Signed by Governor. S.J. 1087.

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Governor Kim Reynolds signs SF 496 into law. Bans books with sexual content from school libraries and restricts LGBTQ+ instruction K-6.

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19 book(s) removed from Mason City, IA school libraries via AI-assisted review: 'Killing Mr. Griffin', 'Sold', 'A Court of Mist and Fury', 'Monday's Not Coming', 'Tricks', 'Nineteen Minutes', 'The Handmaid's Tale', 'Beloved', 'Looking for Alaska', 'The Kite Runner', 'Crank', 'Thirteen Reasons Why', 'The Absolutely True Diary of a Part-Time Indian', 'An American Tragedy', 'The Color Purple', 'Feed', 'Friday Night Lights', 'Gossip Girl', 'I Know Why the Caged Bird Sings'

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ACLU of Iowa and Lambda Legal file federal lawsuit (Iowa Safe Schools v. Reynolds) on behalf of 7 Iowa students/families and Iowa Safe Schools. Challenges SF 496 as violating constitutional rights of LGBTQ students.

United States Court of Appeals for the Eighth Circuit · archived

Second lawsuit filed by Iowa State Education Association (ISEA), Penguin Random House, and four authors challenging SF 496 book ban provisions. Filed 2 days after Iowa Safe Schools lawsuit.

United States Court of Appeals for the Eighth Circuit · archived

U.S. District Court (S.D. Iowa, Judge Stephen Locher) issues preliminary injunction blocking enforcement of SF 496's library provisions and certain anti-LGBTQ+ classroom provisions. In a 49-page opinion, Locher finds the library provisions 'vague' and 'wildly overbroad,' concluding they cast 'a puritanical pall of orthodoxy' over school libraries, and notes the law had already resulted in the improper removal of 'hundreds of books.' Case: GLBT Youth in Iowa Schools Task Force v. Reynolds, 4:23-cv-00474 (S.D. Iowa).

United States Court of Appeals for the Eighth Circuit · archived

U.S. Court of Appeals for the Eighth Circuit VACATES the December 2023 preliminary injunction and REMANDS the case to the district court for reconsideration under the Moody v. NetChoice, LLC, 603 U.S. 707 (2024) balancing framework. The panel holds that the district judge applied a flawed legal analysis. Citation: GLBT Youth in Iowa Schools Task Force v. Reynolds, 114 F.4th 660 (8th Cir. 2024), No. 24-1075. Not a ruling on the merits — the case returns to Judge Locher for further proceedings.

United States Court of Appeals for the Eighth Circuit · archived

Appeals court allows Iowa to enforce law's book ban and restrictions on LGBTQ+ topics in K-6 classes.

WPXI · archived

On remand, U.S. District Court (Judge Stephen Locher) REINSTATES the preliminary injunction against SF 496's library provisions after applying the Moody v. NetChoice framework as directed. In a 40-page opinion, Locher concludes that 'Senate File 496 is likely facially unconstitutional under the First Amendment' because the number of improperly removed books — of the 3,400 reportedly removed, many were not obscene or pornographic — far outweighs any constitutionally valid applications. Enjoins state defendants from enforcing the library removal provisions and the penalty provisions against educators.

United States Court of Appeals for the Eighth Circuit · archived

On remand, U.S. District Court again grants preliminary injunction blocking SF 496 enforcement. Second injunction.

United States Court of Appeals for the Eighth Circuit · archived

Court again blocks key elements of Iowa's school book ban law.

Iowa Capital Dispatch · archived

PEN America filed an amicus brief with the Eighth Circuit Court of Appeals supporting Judge Locher's injunction blocking enforcement of the law's book removal provisions.

PEN America · archived

8th Circuit oral arguments in St. Louis. ACLU/Lambda Legal argue law is too vague; Iowa AG argues educators can implement it.

United States Court of Appeals for the Eighth Circuit · archived

8th Circuit vacates preliminary injunction on SF 496's library provisions and remands for merits resolution. In Penguin Random House et al. v. Robbins et al. (No. 25-1819), the panel (Judges Smith, Erickson, Kobes; opinion by Judge Erickson) held that school libraries constitute 'school-sponsored speech' under Hazelwood v. Kuhlmeier, and that SF 496's prohibition of books containing 'descriptions or visual depictions of a sex act' is 'reasonably related to legitimate pedagogical concerns' and therefore does not violate the First Amendment. The court rejected plaintiffs' reliance on the Pico plurality as abrogated precedent. As a result, Iowa may once again enforce the library provisions of SF 496 while the case returns to the Southern District of Iowa for resolution on the merits.

United States Court of Appeals for the Eighth Circuit · archived

8th Circuit vacates second preliminary injunction. Panel rules school library book curation is "school-sponsored speech" reasonably related to legitimate pedagogical concerns. Plaintiffs unlikely to succeed on First Amendment claim. Case remanded to district court for merits. SF 496 now enforceable.

United States Court of Appeals for the Eighth Circuit · archived

Sources

Legislative data provided by LegiScan. Licensed under CC BY 4.0.