[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1585 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1585

    To require a State receiving funds pursuant to title II of the 
  Elementary and Secondary Education Act of 1965 to implement a State 
  policy to prohibit a school employee from conducting certain social 
                    gender transition interventions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2023

 Mr. LaMalfa introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To require a State receiving funds pursuant to title II of the 
  Elementary and Secondary Education Act of 1965 to implement a State 
  policy to prohibit a school employee from conducting certain social 
                    gender transition interventions.

    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 ``Prohibiting Parental Secrecy 
Policies In Schools Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Parents are in the best position to know their own 
        child's needs and circumstances, and therefore they should 
        maintain authority over all decisions that could impact the 
        health and well-being of their children.
            (2) The fundamental rights of parents over the upbringing, 
        education, and care of their children has been unequivocally 
        established in the United States.
            (3) The fundamental right of parents to direct the 
        education of their children, including the right to play a 
        central role in what their children are learning shall be 
        upheld.
            (4) Academic success begins by embracing these fundamental 
        parental rights in our educational institutions.
            (5) It is essential that parents' voices are respected and 
        incorporated into the development of academic curricula to 
        ensure that their children are receiving an appropriate 
        education.
            (6) Education must focus on academic subjects, and, without 
        exception, should not include personal bias, personal political 
        opinion, or indoctrination.
            (7) A parent should have the right to opt-in review and 
        evaluate all survey, data collection, and psychological 
        profiling before it is administered to their students and 
        parents should have the right to opt-out of all such testing, 
        survey participation, or data collection.
            (8) The traditional partnership between school employees, 
        students, and parents by involving parents in the education of 
        their children shall be upheld.

SEC. 3. STATE POLICY PROHIBITING CERTAIN SOCIAL GENDER TRANSITION 
              INTERVENTIONS.

    (a) Social Gender Transition Intervention With Respect to a 
Minor.--Not later than one year after the date of the enactment of the 
this Act, to be eligible to receive funding pursuant to title II of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) 
a State shall have in effect a State policy prohibiting a school 
employee from--
            (1) using pronouns for a minor that are inconsistent with 
        the minor's biological sex for the purpose of recognizing or 
        promoting a self-professed identity that is incongruent with 
        their biological sex, without the consent of a custodial parent 
        or legal guardian;
            (2) providing, promoting, referring to, or otherwise 
        assisting in the use of devices, medical and otherwise, such as 
        binders, packers, or padding, that promote changes to the 
        minor's physical appearance so that it aligns with the opposite 
        biological sex for the purpose of recognizing or promoting a 
        self-professed identity that is incongruent with their 
        biological sex, without the consent of a custodial parent or 
        legal guardian; and
            (3) carrying out any other action designed to assist a 
        minor in the promotion or adoption of their self-professed 
        gender identity and denial of their biological sex, without the 
        consent of a custodial parent or legal guardian.
    (b) Definitions.--In this section:
            (1) Biological sex.--The term ``biological sex'' means the 
        biological indicators of male or female in the context of 
        reproductive potential or capacity, such as sex chromosomes, 
        naturally occurring sex hormones, gonads, and non-ambiguous 
        internal and external genitalia present at birth, without 
        regard to an individual's psychological, chosen, or subjective 
        experience of gender.
            (2) Gender.--The term ``gender'' means the psychological, 
        behavioral, social, and cultural aspects of being male or 
        female.
            (3) School employee.--The term ``school employee'' 
        includes--
                    (A) a teacher, substitute teacher, school 
                administrator, school superintendent, guidance 
                counselor, psychologist, social worker, nurse, 
                physician, school paraprofessional or coach employed by 
                a public elementary or secondary school or local 
                educational agency in a State;
                    (B) an individual associated with the 
                administration or financing of an extracurricular 
                activity hosted by or at a public elementary or 
                secondary school; or
                    (C) any other individual who, in the performance of 
                his or her duties, has regular contact with students 
                under the age of 18 years old and who provides services 
                to or on behalf of such students enrolled in a public 
                elementary or secondary school, pursuant to a contract 
                with the public elementary or secondary school, State 
                educational agency, or local educational agency.
            (4) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
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