[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7662 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7662
To prohibit Federal education funds from being provided to elementary
schools that do not require teachers to obtain written parental consent
prior to teaching lessons specifically related to gender identity,
sexual orientation, or transgender studies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 3, 2022
Mr. Van Drew (for himself, Mr. Harris, Mr. Gimenez, Ms. Mace, Ms. Van
Duyne, Ms. Malliotakis, Mr. Webster of Florida, Mr. Weber of Texas, Mr.
Posey, Mr. Steube, Mr. Kelly of Pennsylvania, Mr. Clyde, Mr. Duncan,
Mr. Long, and Mr. Bost) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To prohibit Federal education funds from being provided to elementary
schools that do not require teachers to obtain written parental consent
prior to teaching lessons specifically related to gender identity,
sexual orientation, or transgender studies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``My Child, My Choice Act of 2022''.
SEC. 2. WRITTEN PARENTAL CONSENT REQUIRED FOR TEACHING OF INFORMATION
RELATED TO GENDER IDENTITY, SEXUAL ORIENTATION, OR
TRANSGENDER STUDIES.
(a) In General.--No funds under an applicable program may be
provided to an elementary school determined by the Secretary of
Education under subsection (c) to not be in compliance with subsection
(b).
(b) Written Parental Consent.--
(1) Consent required.--A teacher employed by an elementary
school shall, prior to teaching a lesson specifically related
to gender identity, sexual orientation, or transgender studies,
request written consent from the parent of each student
enrolled in the class in which the teacher plans to teach such
lesson.
(2) Timing.--
(A) In general.--A teacher shall request the
written consent required under paragraph (1) not later
than 30 days prior to the date on which the teacher
plans to teach such lesson.
(B) Duration of consent.--A teacher shall request
such written consent each such time the teacher plans
to teach such lesson.
(3) Submission.--A parent providing written consent shall
submit such written consent to the principal of the school not
later than the date described in paragraph (2)(A).
(4) Consent not obtained.--
(A) In general.--In the case of a student whose
parent does not submit written consent under paragraph
(3), the school shall provide such student with an
alternative period of learning or study hall.
(B) 50 percent required.--If the principal does not
receive written consent from the parents of at least 50
percent of the students enrolled in the class in which
the teacher plans to teach such lesson, the teacher may
not teach such lesson.
(c) Ensuring Compliance.--
(1) In general.--Students enrolled in an elementary school,
parents of such students, and teachers employed by an
elementary school may submit, to the Secretary, a report that
such school was not in compliance with subsection (b).
(2) Review.--The Secretary shall review each such report
and make a determination with respect to whether the elementary
school identified in such report is in compliance with
subsection (b).
(3) Determination of compliance.--If the Secretary makes a
determination that the school is not in compliance with
subsection (b), the Secretary shall--
(A) notify the school of such determination;
(B) provide a period of 15 days after such
notification for the school to--
(i) comply with subsection (b); and
(ii) submit to the Secretary a written
confirmation of compliance with subsection (b),
which shall include--
(I) an identification of each
requirement of subsection (b) with
which the school was not in compliance;
and
(II) the plans and actions the
school is taking to ensure that the
school continues to be in such
compliance; and
(C) evaluate the written confirmation submitted
under subparagraph (B)(ii) and make a final
determination with respect to whether the school is in
compliance with subsection (b).
(d) Federal Funds.--If the Secretary makes a final determination
under subsection (c)(3)(C) that an elementary school is not in
compliance with subsection (b), no funds under an applicable program
may be provided to such school for the school year immediately
following the school year in which such school is determined to be out
of compliance.
(e) Definitions.--In this section:
(1) Applicable program.--The term ``applicable program''
has the meaning given the term in section 400(c) of the General
Education Provisions Act (20 U.S.C. 1221(c)).
(2) Biological sex.--The term ``biological sex'' means the
biological indication of male or female in the context of
reproductive potential or capacity, including sex chromosomes,
naturally occurring sex hormones, gonads, and nonambiguous
internal and external genitalia present at birth.
(3) ESEA terms.--The terms ``elementary school'' and
``parent'' have the meanings given such terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(4) Gender identity.--The term ``gender identity'' means an
individual's perception of their own gender or claimed gender,
regardless of the biological sex of the individual.
(5) Lesson.--The term ``lesson'' means a planned and
structured period of learning.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) Sexual orientation.--The term ``sexual orientation''
means an individual's actual or perceived romantic, physical or
sexual attraction to other individuals, or lack thereof, on the
basis of gender.
(8) Transgender individual.--The term ``transgender
individual'' means an individual whose gender identity or
behavior does not conform to that typically associated with the
biological sex of the individual.
(9) Transgender studies.--The term ``transgender studies''
means the study of transgender individuals.
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