Us Congress 2023-2024 Regular Session

Us Congress House Bill HB216 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 216
5	5	To prohibit Federal education funds from being provided to elementary
6	6	schools that do not require teachers to obtain written parental consent
7	7	prior to teaching lessons specifically related to gender identity, sexual
8	8	orientation, or transgender studies, and for other purposes.
9	9	IN THE HOUSE OF REPRESENTATIVES
10	10	JANUARY9, 2023
11	11	Mr. V
12	12	ANDREWintroduced the following bill; which was referred to the
13	13	Committee on Education and the Workforce
14	14	A BILL
15	15	To prohibit Federal education funds from being provided
16	16	to elementary schools that do not require teachers to
17	17	obtain written parental consent prior to teaching lessons
18	18	specifically related to gender identity, sexual orientation,
19	19	or transgender studies, and for other purposes.
20	20	Be it enacted by the Senate and House of Representa-1
21	21	tives of the United States of America in Congress assembled, 2
22	22	SECTION 1. SHORT TITLE. 3
23	23	This Act may be cited as the ‘‘My Child, My Choice 4
24	24	Act of 2023’’. 5
25	25	VerDate Sep 11 2014 04:28 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H216.IH H216
26	26	kjohnson on DSK79L0C42PROD with BILLS 2
27	27	•HR 216 IH
28	28	SEC. 2. WRITTEN PARENTAL CONSENT REQUIRED FOR 1
29	29	TEACHING OF INFORMATION RELATED TO 2
30	30	GENDER IDENTITY, SEXUAL ORIENTATION, 3
31	31	OR TRANSGENDER STUDIES. 4
32	32	(a) I
33	33	NGENERAL.—No funds under an applicable pro-5
34	34	gram may be provided to an elementary school determined 6
35	35	by the Secretary of Education under subsection (c) to not 7
36	36	be in compliance with subsection (b). 8
37	37	(b) W
38	38	RITTENPARENTALCONSENT.— 9
39	39	(1) C
40	40	ONSENT REQUIRED .—A teacher employed 10
41	41	by an elementary school shall, prior to teaching a 11
42	42	lesson specifically related to gender identity, sexual 12
43	43	orientation, or transgender studies, request written 13
44	44	consent from the parent of each student enrolled in 14
45	45	the class in which the teacher plans to teach such 15
46	46	lesson. 16
47	47	(2) T
48	48	IMING.— 17
49	49	(A) I
50	50	N GENERAL.—A teacher shall request 18
51	51	the written consent required under paragraph 19
52	52	(1) not later than 30 days prior to the date on 20
53	53	which the teacher plans to teach such lesson. 21
54	54	(B) D
55	55	URATION OF CONSENT .—A teacher 22
56	56	shall request such written consent each such 23
57	57	time the teacher plans to teach such lesson. 24
58	58	(3) S
59	59	UBMISSION.—A parent providing written 25
60	60	consent shall submit such written consent to the 26
61	61	VerDate Sep 11 2014 04:28 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H216.IH H216
62	62	kjohnson on DSK79L0C42PROD with BILLS 3
63	63	•HR 216 IH
64	64	principal of the school not later than the date de-1
65	65	scribed in paragraph (2)(A). 2
66	66	(4) C
67	67	ONSENT NOT OBTAINED .— 3
68	68	(A) I
69	69	N GENERAL.—In the case of a stu-4
70	70	dent whose parent does not submit written con-5
71	71	sent under paragraph (3), the school shall pro-6
72	72	vide such student with an alternative period of 7
73	73	learning or study hall. 8
74	74	(B) 50
75	75	PERCENT REQUIRED .—If the prin-9
76	76	cipal does not receive written consent from the 10
77	77	parents of at least 50 percent of the students 11
78	78	enrolled in the class in which the teacher plans 12
79	79	to teach such lesson, the teacher may not teach 13
80	80	such lesson. 14
81	81	(c) E
82	82	NSURINGCOMPLIANCE.— 15
83	83	(1) I
84	84	N GENERAL.—Students enrolled in an ele-16
85	85	mentary school, parents of such students, and teach-17
86	86	ers employed by an elementary school may submit, 18
87	87	to the Secretary, a report that such school was not 19
88	88	in compliance with subsection (b). 20
89	89	(2) R
90	90	EVIEW.—The Secretary shall review each 21
91	91	such report and make a determination with respect 22
92	92	to whether the elementary school identified in such 23
93	93	report is in compliance with subsection (b). 24
94	94	VerDate Sep 11 2014 04:28 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H216.IH H216
95	95	kjohnson on DSK79L0C42PROD with BILLS 4
96	96	•HR 216 IH
97	97	(3) DETERMINATION OF COMPLIANCE .—If the 1
98	98	Secretary makes a determination that the school is 2
99	99	not in compliance with subsection (b), the Secretary 3
100	100	shall— 4
101	101	(A) notify the school of such determina-5
102	102	tion; 6
103	103	(B) provide a period of 15 days after such 7
104	104	notification for the school to— 8
105	105	(i) comply with subsection (b); and 9
106	106	(ii) submit to the Secretary a written 10
107	107	confirmation of compliance with subsection 11
108	108	(b), which shall include— 12
109	109	(I) an identification of each re-13
110	110	quirement of subsection (b) with 14
111	111	which the school was not in compli-15
112	112	ance; and 16
113	113	(II) the plans and actions the 17
114	114	school is taking to ensure that the 18
115	115	school continues to be in such compli-19
116	116	ance; and 20
117	117	(C) evaluate the written confirmation sub-21
118	118	mitted under subparagraph (B)(ii) and make a 22
119	119	final determination with respect to whether the 23
120	120	school is in compliance with subsection (b). 24
121	121	VerDate Sep 11 2014 04:28 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H216.IH H216
122	122	kjohnson on DSK79L0C42PROD with BILLS 5
123	123	•HR 216 IH
124	124	(d) FEDERALFUNDS.—If the Secretary makes a 1
125	125	final determination under subsection (c)(3)(C) that an ele-2
126	126	mentary school is not in compliance with subsection (b), 3
127	127	no funds under an applicable program may be provided 4
128	128	to such school for the school year immediately following 5
129	129	the school year in which such school is determined to be 6
130	130	out of compliance. 7
131	131	(e) D
132	132	EFINITIONS.—In this section: 8
133	133	(1) A
134	134	PPLICABLE PROGRAM .—The term ‘‘appli-9
135	135	cable program’’ has the meaning given the term in 10
136	136	section 400(c) of the General Education Provisions 11
137	137	Act (20 U.S.C. 1221(c)). 12
138	138	(2) B
139	139	IOLOGICAL SEX.—The term ‘‘biological 13
140	140	sex’’ means the biological indication of male or fe-14
141	141	male in the context of reproductive potential or ca-15
142	142	pacity, including sex chromosomes, naturally occur-16
143	143	ring sex hormones, gonads, and nonambiguous inter-17
144	144	nal and external genitalia present at birth. 18
145	145	(3) ESEA
146	146	TERMS.—The terms ‘‘elementary 19
147	147	school’’ and ‘‘parent’’ have the meanings given such 20
148	148	terms in section 8101 of the Elementary and Sec-21
149	149	ondary Education Act of 1965 (20 U.S.C. 7801). 22
150	150	(4) G
151	151	ENDER IDENTITY .—The term ‘‘gender 23
152	152	identity’’ means an individual’s perception of their 24
153	153	VerDate Sep 11 2014 04:28 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H216.IH H216
154	154	kjohnson on DSK79L0C42PROD with BILLS 6
155	155	•HR 216 IH
156	156	own gender or claimed gender, regardless of the bio-1
157	157	logical sex of the individual. 2
158	158	(5) L
159	159	ESSON.—The term ‘‘lesson’’ means a 3
160	160	planned and structured period of learning. 4
161	161	(6) S
162	162	ECRETARY.—The term ‘‘Secretary’’ means 5
163	163	the Secretary of Education. 6
164	164	(7) S
165	165	EXUAL ORIENTATION .—The term ‘‘sexual 7
166	166	orientation’’ means an individual’s actual or per-8
167	167	ceived romantic, physical or sexual attraction to 9
168	168	other individuals, or lack thereof, on the basis of 10
169	169	gender. 11
170	170	(8) T
171	171	RANSGENDER INDIVIDUAL .—The term 12
172	172	‘‘transgender individual’’ means an individual whose 13
173	173	gender identity or behavior does not conform to that 14
174	174	typically associated with the biological sex of the in-15
175	175	dividual. 16
176	176	(9) T
177	177	RANSGENDER STUDIES .—The term 17
178	178	‘‘transgender studies’’ means the study of 18
179	179	transgender individuals. 19
180	180	Æ
181	181	VerDate Sep 11 2014 04:28 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H216.IH H216
182	182	kjohnson on DSK79L0C42PROD with BILLS