The United States District Court for the Southern District of Iowa has again ruled on preliminary injunctions in two pending cases, holding that portions of Iowa Code Chapter 279, which were enacted as Iowa Senate File 496, are enjoined while the lawsuits remain ongoing. The effect of these rulings is that certain provisions of Iowa law related to school libraries, gender identity, and sexual orientation cannot be implemented or enforced at the present time.
Background regarding these cases and previous rulings can be found here and here. The law was first enjoined by the District Court in December 2023, and has been back in effect since the Eighth Circuit Court of Appeals vacated the injunctions in August 2024.
Instruction Provisions
In the most recent Iowa Safe Schools ruling, the Court ruled that the law’s restrictions on mandatory classroom instruction regarding gender identity or sexual orientation are likely to be constitutional, but that the restrictions on “programs or promotions” related to those topics are likely to be unconstitutional. The Court provided the following guidance for Iowa school districts regarding the law’s requirements for school districts providing “any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation” for students in kindergarten through sixth grade:
• “School districts and educators may not provide mandatory lessons or instruction to students in grade six or below that include detailed explanations or normative views on “gender identity” or “sexual orientation.” It does not matter whether the lessons or instruction revolve around cisgender or transgender identities or straight or gay sexual orientations. All are forbidden.”
• “School districts and teachers nonetheless may provide mandatory lessons or instruction to students in grade six or below that contain neutral references to gender identity (whether cisgender or transgender) or sexual orientation (whether gay or straight). The lessons and instruction simply cannot focus on those topics. Thus, for example, school districts and teachers may assign books or provide lessons to students in grades six and below that contain characters with gender identities (cisgender or transgender) and sexual orientations (gay or straight) so long as gender identity and sexual orientation are not the focus of the book or lesson. School districts and teachers likewise may make other neutral references to any gender identity and any sexual orientation during classroom instruction; for example, a teacher may refer to his or her partner even if the partner is same-sex.”
• “Students in grades six and below must be allowed to join Gender Sexuality Alliances (“GSAs”) and other student groups relating to gender identity and/or sexual orientation.”
• “School districts and educators must be permitted to advertise GSAs and other student groups that relate to gender identity and/or sexual orientation to all students, including those in grade six and below. This means, among other things, that school districts and educators may: (a) advertise such groups in posters or over the loudspeaker to the same degree as any other student group; (b) serve as advisors for those groups; (c) encourage students to join those groups; and (d) otherwise discuss such groups with students outside mandatory classroom curriculum.”
Parental Notification Provision
The law also required school administrators to notify a parent or guardian if a student requested an “accommodation that is intended to affirm the student’s gender identity.” The Court held the parental notification provision is only constitutional and enforceable where “a student asks for an accommodation in the form of a different pronoun.” The Court found the word “accommodation” was otherwise unconstitutionally vague. Parental notification is no longer required for any other type of gender identity-related request except a student’s request to use a pronoun different than the pronoun assigned to the student in registration forms or records.
School Libraries
An issue in both cases is the “age-appropriate” standard for school library programs found in Iowa Code Section 256.11. The age-appropriate standard prohibited “material with descriptions or visual depictions of a sex act” from school library materials. In the Penguin case, the Court ruled that this provision likely violates the Constitution, and granted the Plaintiffs’ motion for preliminary injunction on that ground.
The preliminary injunction rulings will remain in effect until further Court order. The State Defendants have already filed a notice of appeal with the Eighth Circuit Court of Appeals in the Penguin case. We will continue to provide updates on major developments on these cases.
This client alert is being provided to all of our K-12 school district clients. Please contact us if you have questions regarding the challenged portions of SF 496 and how it may impact your school district.
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