I
118THCONGRESS
1
STSESSION H. R. 5303
To prohibit the disbursement of Federal funds to schools that violate any
State law relating to materials that are harmful to minors, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST29, 2023
Mr. G
REENof Tennessee introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committee
on Education and the Workforce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To prohibit the disbursement of Federal funds to schools
that violate any State law relating to materials that
are harmful to minors, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘No Obscene Teaching 4
in Our Schools Act of 2023’’ or the ‘‘NOT in Our Schools 5
Act of 2023’’. 6
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SEC. 2. PROHIBITING FEDERAL FUNDS TO CERTAIN 1
SCHOOLS. 2
(a) P
ROHIBITION.— 3
(1) I
N GENERAL.—No Federal funds may be 4
provided to an elementary school or secondary school 5
that is in violation of any law of the State in which 6
the school is located that is related to materials that 7
are harmful to minors. 8
(2) 529
EDUCATION SAVINGS PLAN ACCOUNT 9
PROGRAMS.—Notwithstanding any other provision of 10
law and to the extent permitted under State law, a 11
State educational agency may either return the Fed-12
eral funds that were dedicated to the violating school 13
or, at the request of the parents or legal guardian 14
of eligible children, a State educational agency may 15
create and carry out a 529 education savings plan 16
account program. 17
(b) D
EFINITIONS.— 18
(1) 529
EDUCATION SAVINGS PLAN ACCOUNT .— 19
The term ‘‘529 education savings plan account’’ 20
means a qualified tuition program (as defined in sec-21
tion 529(b)(1)(A) of the Internal Revenue Code of 22
1986). 23
(2) E
LIGIBLE CHILD.—The term ‘‘eligible 24
child’’ means a child who attends, or otherwise 25
would be attending, an elementary school or sec-26
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ondary school that receives (or is eligible to receive) 1
Federal funds and is determined to be in violation 2
of any law of the State in which the school is located 3
that is related to materials that are harmful to mi-4
nors. 5
(3) H
OME SCHOOL.—The term ‘‘home school’’ 6
means a home school as defined by the laws of the 7
State in which the eligible child resides. 8
SEC. 3. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND AD-9
DITIONAL ELEMENTARY AND SECONDARY EX-10
PENSES. 11
(a) I
NGENERAL.—Section 529(c)(7) of the Internal 12
Revenue Code of 1986 is amended to read as follows: 13
‘‘(7) T
REATMENT OF ELEMENTARY AND SEC -14
ONDARY TUITION AND RESOURCES .—Any reference 15
in this section to the term ‘qualified higher edu-16
cation expense’ shall include a reference to the fol-17
lowing expenses in connection with enrollment or at-18
tendance at, or for students enrolled at or attending, 19
an elementary or secondary public, private, or reli-20
gious school: 21
‘‘(A) Tuition. 22
‘‘(B) Curriculum and curricular materials. 23
‘‘(C) Books or other instructional mate-24
rials. 25
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‘‘(D) Online educational materials. 1
‘‘(E) Tuition for tutoring or educational 2
classes outside of the home, including at a tu-3
toring facility, but only if the tutor or instruc-4
tor is not related to the student. 5
‘‘(F) Fees for a nationally standardized 6
norm-referenced achievement test, an advanced 7
placement examination, or any examinations re-8
lated to college or university admission. 9
‘‘(G) Fees for dual enrollment in an insti-10
tution of higher education. 11
‘‘(H) Educational therapies for students 12
with disabilities provided by a licensed or ac-13
credited practitioner or provider, including oc-14
cupational, behavioral, physical, and speech-lan-15
guage therapies. 16
Such term shall include expenses for the purposes 17
described in subparagraphs (A) through (H) in con-18
nection with a homeschool (whether treated as a 19
homeschool or a private school for purposes of appli-20
cable State law).’’. 21
(b) E
FFECTIVEDATE.—The amendment made by 22
this section shall apply to distributions made after the 23
date of the enactment of this Act. 24
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SEC. 4. REPORT TO CONGRESS. 1
A State that creates and carries out a 529 education 2
savings plan account program under this Act shall submit 3
an annual report to Congress no later than July 1 of the 4
following year. The report shall include schools found in 5
violation of State law related to materials deemed harmful 6
to children, the nature and details of the violation, the 7
number of eligible children participating in the 529 pro-8
gram under this Act, and the use of the Federal funds 9
for qualified expenses. 10
Æ
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