[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5327 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5327
To establish a private right of action for parents with respect to the
teaching of racial discrimination theory and other actions by covered
schools, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 1, 2023
Mr. Good of Virginia (for himself, Mrs. Miller of Illinois, Mr.
LaMalfa, and Mr. Biggs) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To establish a private right of action for parents with respect to the
teaching of racial discrimination theory and other actions by covered
schools, 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 ``Empowering Parents Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The family unit consisting of a mother, father, and
child is the foundation of civil society.
(2) The rights and authority of parents are God-given and
self-evident.
(3) The rights and authority of parents do not derive from
the government.
(4) The rights and authority of parents should not be
challenged or undermined by the government, but must be
preserved and protected.
(5) Parents are responsible for impressing faith, morals,
and values upon their children; such responsibility does not
belong to teachers, school board members, or politicians.
(6) No teacher, school board member, or public official has
the right to politicize or indoctrinate children.
(7) More than 70 percent of citizens of the United States
support the ability of parents to choose where students attend
school.
(8) It is contrary to the 10th Amendment of the
Constitution and the principles of federalism espoused by the
founding fathers for the Federal Government to supersede State
or local authorities regarding the instruction and testing of
students.
(9) Taxpayers have a right to know what publicly funded
schools are teaching students.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) a covered school should not--
(A) deny a student the ability to attend school in
person;
(B) intentionally expose a student to racial
discrimination theory;
(C) intentionally expose a student to radical
gender theory or sexually explicit content;
(D) require a biological woman to compete against a
biological man in an athletic competition hosted or
sponsored by such school;
(E) require a biological woman and a biological man
to share a private facility, including--
(i) a restroom;
(ii) a locker room;
(iii) a shower facility; or
(iv) a changing room; or
(F) require a student to abide by a health mandate
without first obtaining parental consent or require, as
a prerequisite for in-person school attendance--
(i) wearing a mask;
(ii) receiving a COVID-19 vaccine; or
(iii) subjecting to a medical screening;
(2) a covered school should--
(A) protect the personal information of every
student, as required under section 444 of the General
Education Provisions Act (commonly known as the
``Family Educational Rights and Privacy Act of 1974'' )
(20 U.S.C. 1232g); and
(B) be parent-led and locally managed with State
oversight;
(3) Federal law enforcement agencies should not target a
parent for exercising First Amendment rights on school property
or in school board meetings; and
(4) a parent should have the ability to choose the school
that the children of such parent attend.
SEC. 4. PROHIBITIONS.
(a) In General.--A covered school may not--
(1) compel a teacher or student to adopt, affirm, adhere
to, or profess--
(A) any academic discipline, program, or activity
that is premised on the idea that--
(i) the United States is a Nation founded
on White supremacy and oppression, or that
these forces are at the root of American
society;
(ii) one race or sex is inherently superior
to another race or sex;
(iii) the United States is fundamentally
racist or sexist;
(iv) an individual, by virtue of his or her
race or sex, is inherently racist, sexist, or
oppressive, whether consciously or
unconsciously;
(v) an individual should be discriminated
against or receive adverse treatment solely or
partly because of his or her race or sex;
(vi) members of one race or sex cannot and
should not attempt to treat others without
respect to race or sex;
(vii) an individual's moral character is
necessarily determined by his or her race or
sex;
(viii) an individual, by virtue of his or
her race or sex, bears responsibility for
actions committed in the past by other members
of the same race or sex;
(ix) any individual should feel discomfort,
guilt, anguish, or any other form of
psychological distress on account of his or her
race or sex; or
(x) meritocracy or traits such as a hard
work ethic are racist or sexist, or were
created by a particular race to oppress another
race; or
(B) an idea, where such compulsion violates title
IV or title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000c et seq.);
(2) compel a student to observe or espouse obscene or
sexual materials without the consent of a parent of such
student;
(3) instruct or require an employee of such school to refer
to a student using a pronoun not associated with the biological
sex of such student, without obtaining consent to do so from a
parent of such student;
(4) act as the agent of a parent of a student enrolled in
such school, for purposes of--
(A) providing verifiable parental consent; or
(B) receiving a notice or other information
required to be provided to a parent of such student; or
(5) neglect to report sexual assault or sexual harassment
on school property to the appropriate law enforcement
authorities.
(b) Rule of Construction.--Nothing in this section may be construed
to prohibit a teacher or a student from discussing public policy issues
or matters of public debate.
SEC. 5. PRIVATE RIGHT OF ACTION.
(a) In General.--A parent aggrieved by a violation of section 4 may
commence a civil action against the covered school responsible for the
violation.
(b) Relief.--In any action under subsection (a), the court may
award appropriate relief, including--
(1) temporary, preliminary, or permanent injunctive relief;
(2) compensatory damages;
(3) punitive or exemplary damages; and
(4) reasonable fees for attorneys.
(c) Statute of Limitations.--An action under this section shall be
brought not later than 30 days after the date on which the violation of
section 4 occurred.
(d) Attorney General.--In a case in which a parent commences a
civil action under subsection (a), the Attorney General shall have the
exclusive authority to oversee, as appropriate, any investigation
conducted by the Federal Government in connection with such action.
SEC. 6. DEFINITIONS.
In this Act:
(1) Biological man.--The term ``biological man'' means an
individual who is recognized as a male on the date of the birth
of such individual, based on the genetic and reproductive
biological characteristics of such individual.
(2) Biological sex.--The term ``biological sex'' means the
sex recognized on the date of birth of the individual based on
the genetic and reproductive biological characteristics of such
individual.
(3) Biological woman.--The term ``biological woman'' means
an individual who is recognized as a female on the date of the
birth of such individual, based on the genetic and reproductive
biological characteristics of such individual.
(4) Covered school.--The term ``covered school'' means an
elementary school or secondary school, as such terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(5) Obscene material.--The term ``obscene material'' means
material that, considered as a whole--
(A) appeals to--
(i) the prurient interest; or
(ii) a shameful or morbid interest in
nudity, sexual conduct, sexual excitement,
excretory functions or products thereof, or
sadomasochistic abuse;
(B) goes substantially beyond customary limits of
candor in description or representation of the matters
described in clause (A)(ii); and
(C) does not have serious literary, artistic,
political, or scientific value.
(6) Parent.--The term ``parent'' has the meaning given such
term in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
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