[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5303 Introduced in House (IH)]
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118th CONGRESS
1st Session
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
August 29, 2023
Mr. Green of 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 determined 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Obscene Teaching in Our Schools
Act of 2023'' or the ``NOT in Our Schools Act of 2023''.
SEC. 2. PROHIBITING FEDERAL FUNDS TO CERTAIN SCHOOLS.
(a) Prohibition.--
(1) In general.--No Federal funds may be provided to an
elementary school or secondary school that is in violation of
any law of the State in which the school is located that is
related to materials that are harmful to minors.
(2) 529 education savings plan account programs.--
Notwithstanding any other provision of law and to the extent
permitted under State law, a State educational agency may
either return the Federal funds that were dedicated to the
violating school or, at the request of the parents or legal
guardian of eligible children, a State educational agency may
create and carry out a 529 education savings plan account
program.
(b) Definitions.--
(1) 529 education savings plan account.--The term ``529
education savings plan account'' means a qualified tuition
program (as defined in section 529(b)(1)(A) of the Internal
Revenue Code of 1986).
(2) Eligible child.--The term ``eligible child'' means a
child who attends, or otherwise would be attending, an
elementary school or secondary school that receives (or is
eligible to receive) Federal funds and is determined to be in
violation of any law of the State in which the school is
located that is related to materials that are harmful to
minors.
(3) Home school.--The term ``home school'' means a home
school as defined by the laws of the State in which the
eligible child resides.
SEC. 3. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND ADDITIONAL ELEMENTARY
AND SECONDARY EXPENSES.
(a) In General.--Section 529(c)(7) of the Internal Revenue Code of
1986 is amended to read as follows:
``(7) Treatment of elementary and secondary tuition and
resources.--Any reference in this section to the term
`qualified higher education expense' shall include a reference
to the following expenses in connection with enrollment or
attendance at, or for students enrolled at or attending, an
elementary or secondary public, private, or religious school:
``(A) Tuition.
``(B) Curriculum and curricular materials.
``(C) Books or other instructional materials.
``(D) Online educational materials.
``(E) Tuition for tutoring or educational classes
outside of the home, including at a tutoring facility,
but only if the tutor or instructor is not related to
the student.
``(F) Fees for a nationally standardized norm-
referenced achievement test, an advanced placement
examination, or any examinations related to college or
university admission.
``(G) Fees for dual enrollment in an institution of
higher education.
``(H) Educational therapies for students with
disabilities provided by a licensed or accredited
practitioner or provider, including occupational,
behavioral, physical, and speech-language therapies.
Such term shall include expenses for the purposes described in
subparagraphs (A) through (H) in connection with a homeschool
(whether treated as a homeschool or a private school for
purposes of applicable State law).''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
SEC. 4. REPORT TO CONGRESS.
A State that creates and carries out a 529 education savings plan
account program under this Act shall submit an annual report to
Congress no later than July 1 of the following year. The report shall
include schools found in violation of State law related to materials
deemed harmful to children, the nature and details of the violation,
the number of eligible children participating in the 529 program under
this Act, and the use of the Federal funds for qualified expenses.
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