[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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