[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 216 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 216

 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

                            January 9, 2023

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

_______________________________________________________________________

                                 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 2023''.

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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