Us Congress 2023-2024 Regular Session

Us Congress House Bill HB5303 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. 5303
5	5	To prohibit the disbursement of Federal funds to schools that violate any
6	6	State law relating to materials that are harmful to minors, and for
7	7	other purposes.
8	8	IN THE HOUSE OF REPRESENTATIVES
9	9	AUGUST29, 2023
10	10	Mr. G
11	11	REENof Tennessee introduced the following bill; which was referred to
12	12	the Committee on Ways and Means, and in addition to the Committee
13	13	on Education and the Workforce, for a period to be subsequently deter-
14	14	mined by the Speaker, in each case for consideration of such provisions
15	15	as fall within the jurisdiction of the committee concerned
16	16	A BILL
17	17	To prohibit the disbursement of Federal funds to schools
18	18	that violate any State law relating to materials that
19	19	are harmful to minors, 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 ‘‘No Obscene Teaching 4
24	24	in Our Schools Act of 2023’’ or the ‘‘NOT in Our Schools 5
25	25	Act of 2023’’. 6
26	26	VerDate Sep 11 2014 02:08 Aug 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5303.IH H5303
27	27	kjohnson on DSK79L0C42PROD with BILLS 2
28	28	•HR 5303 IH
29	29	SEC. 2. PROHIBITING FEDERAL FUNDS TO CERTAIN 1
30	30	SCHOOLS. 2
31	31	(a) P
32	32	ROHIBITION.— 3
33	33	(1) I
34	34	N GENERAL.—No Federal funds may be 4
35	35	provided to an elementary school or secondary school 5
36	36	that is in violation of any law of the State in which 6
37	37	the school is located that is related to materials that 7
38	38	are harmful to minors. 8
39	39	(2) 529
40	40	EDUCATION SAVINGS PLAN ACCOUNT 9
41	41	PROGRAMS.—Notwithstanding any other provision of 10
42	42	law and to the extent permitted under State law, a 11
43	43	State educational agency may either return the Fed-12
44	44	eral funds that were dedicated to the violating school 13
45	45	or, at the request of the parents or legal guardian 14
46	46	of eligible children, a State educational agency may 15
47	47	create and carry out a 529 education savings plan 16
48	48	account program. 17
49	49	(b) D
50	50	EFINITIONS.— 18
51	51	(1) 529
52	52	EDUCATION SAVINGS PLAN ACCOUNT .— 19
53	53	The term ‘‘529 education savings plan account’’ 20
54	54	means a qualified tuition program (as defined in sec-21
55	55	tion 529(b)(1)(A) of the Internal Revenue Code of 22
56	56	1986). 23
57	57	(2) E
58	58	LIGIBLE CHILD.—The term ‘‘eligible 24
59	59	child’’ means a child who attends, or otherwise 25
60	60	would be attending, an elementary school or sec-26
61	61	VerDate Sep 11 2014 02:08 Aug 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5303.IH H5303
62	62	kjohnson on DSK79L0C42PROD with BILLS 3
63	63	•HR 5303 IH
64	64	ondary school that receives (or is eligible to receive) 1
65	65	Federal funds and is determined to be in violation 2
66	66	of any law of the State in which the school is located 3
67	67	that is related to materials that are harmful to mi-4
68	68	nors. 5
69	69	(3) H
70	70	OME SCHOOL.—The term ‘‘home school’’ 6
71	71	means a home school as defined by the laws of the 7
72	72	State in which the eligible child resides. 8
73	73	SEC. 3. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND AD-9
74	74	DITIONAL ELEMENTARY AND SECONDARY EX-10
75	75	PENSES. 11
76	76	(a) I
77	77	NGENERAL.—Section 529(c)(7) of the Internal 12
78	78	Revenue Code of 1986 is amended to read as follows: 13
79	79	‘‘(7) T
80	80	REATMENT OF ELEMENTARY AND SEC -14
81	81	ONDARY TUITION AND RESOURCES .—Any reference 15
82	82	in this section to the term ‘qualified higher edu-16
83	83	cation expense’ shall include a reference to the fol-17
84	84	lowing expenses in connection with enrollment or at-18
85	85	tendance at, or for students enrolled at or attending, 19
86	86	an elementary or secondary public, private, or reli-20
87	87	gious school: 21
88	88	‘‘(A) Tuition. 22
89	89	‘‘(B) Curriculum and curricular materials. 23
90	90	‘‘(C) Books or other instructional mate-24
91	91	rials. 25
92	92	VerDate Sep 11 2014 02:08 Aug 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5303.IH H5303
93	93	kjohnson on DSK79L0C42PROD with BILLS 4
94	94	•HR 5303 IH
95	95	‘‘(D) Online educational materials. 1
96	96	‘‘(E) Tuition for tutoring or educational 2
97	97	classes outside of the home, including at a tu-3
98	98	toring facility, but only if the tutor or instruc-4
99	99	tor is not related to the student. 5
100	100	‘‘(F) Fees for a nationally standardized 6
101	101	norm-referenced achievement test, an advanced 7
102	102	placement examination, or any examinations re-8
103	103	lated to college or university admission. 9
104	104	‘‘(G) Fees for dual enrollment in an insti-10
105	105	tution of higher education. 11
106	106	‘‘(H) Educational therapies for students 12
107	107	with disabilities provided by a licensed or ac-13
108	108	credited practitioner or provider, including oc-14
109	109	cupational, behavioral, physical, and speech-lan-15
110	110	guage therapies. 16
111	111	Such term shall include expenses for the purposes 17
112	112	described in subparagraphs (A) through (H) in con-18
113	113	nection with a homeschool (whether treated as a 19
114	114	homeschool or a private school for purposes of appli-20
115	115	cable State law).’’. 21
116	116	(b) E
117	117	FFECTIVEDATE.—The amendment made by 22
118	118	this section shall apply to distributions made after the 23
119	119	date of the enactment of this Act. 24
120	120	VerDate Sep 11 2014 02:08 Aug 30, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5303.IH H5303
121	121	kjohnson on DSK79L0C42PROD with BILLS 5
122	122	•HR 5303 IH
123	123	SEC. 4. REPORT TO CONGRESS. 1
124	124	A State that creates and carries out a 529 education 2
125	125	savings plan account program under this Act shall submit 3
126	126	an annual report to Congress no later than July 1 of the 4
127	127	following year. The report shall include schools found in 5
128	128	violation of State law related to materials deemed harmful 6
129	129	to children, the nature and details of the violation, the 7
130	130	number of eligible children participating in the 529 pro-8
131	131	gram under this Act, and the use of the Federal funds 9
132	132	for qualified expenses. 10
133	133	Æ
134	134	VerDate Sep 11 2014 02:08 Aug 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H5303.IH H5303
135	135	kjohnson on DSK79L0C42PROD with BILLS