What This Bill Does
This bill requires elementary and middle schools that receive federal funding to get permission from parents before changing how a student's gender identity appears on school forms. Schools must also get parental permission before allowing a student to use different bathrooms or locker rooms based on gender identity.
Who It Affects
Public elementary schools and middle schools that receive federal funding under the Elementary and Secondary Education Act of 1965 (a law that provides money to schools). Minor students in elementary and middle school grades. Parents or guardians of those students.
Key Provisions
Schools receiving federal funds must obtain parental consent before changing a covered student's gender markers, pronouns, or preferred name on any school form. (Sec. 2(a)(1))
Schools receiving federal funds must obtain parental consent before allowing a covered student to change their sex-based accommodations, including locker rooms or bathrooms. (Sec. 2(a)(2))
A "covered student" means any minor who is an elementary school student or a student in any of the middle grades. (Sec. 2(b)(1))
What Changes
Schools that currently allow students to change gender markers, pronouns, or preferred names on school forms without parental permission would be required to obtain that permission first. Schools that currently allow students to use bathrooms or locker rooms aligned with gender identity without parental permission would be required to obtain that permission first. Schools that do not comply could lose federal funding.
Important Definitions
The bill uses definitions from another law (the Elementary and Secondary Education Act of 1965) for the terms "elementary school," "middle grades," "parent," and "secondary school."
IB
Union Calendar No. 599
118TH CONGRESS
2D SESSION
H. R. 736
[Report No. 118–706]
To require elementary and middle schools that receive Federal funds to
obtain parental consent before changing a minor child’s gender markers,
pronouns, or preferred name on any school form or allowing a child
to change the child’s sex-based accommodations, including locker rooms
or bathrooms.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 2023
Mr. WALBERG introduced the following bill; which was referred to the
Committee on Education and the Workforce
OCTOBER 1, 2024
Additional sponsors: Mr. DUNN of Florida, Mr. MORAN, Mrs. MILLER of Illi-
nois, Mrs. MCCLAIN, Mr. ALLEN, Mr. TIMMONS, Mr. SANTOS, and Mrs.
HOUCHIN
OCTOBER 1, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 1, 2023]
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•HR 736 RH
A BILL
To require elementary and middle schools that receive Fed-
eral funds to obtain parental consent before changing
a minor child’s gender markers, pronouns, or preferred
name on any school form or allowing a child to change
the child’s sex-based accommodations, including locker
rooms or bathrooms.
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•HR 736 RH
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Parental Rights Over
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The Education and Care of Their Kids Act’’ or the ‘‘PRO-
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TECT Kids Act’’.
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SEC. 2. REQUIREMENT RELATED TO GENDER MARKERS,
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PRONOUNS, AND PREFERRED NAMES ON
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SCHOOL FORMS.
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(a) REQUIREMENT.—As a condition of receiving funds
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under the Elementary and Secondary Education Act of
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1965 (20 U.S.C. 6301 et seq.), a public elementary school
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and secondary school that receives funds under such Act
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shall obtain parental consent before changing a covered stu-
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dent’s—
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(1) gender markers, pronouns, or preferred name
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on any school form; or
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(2) sex-based accommodations, including locker
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rooms or bathrooms.
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(b) DEFINITIONS.—In this section:
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(1) COVERED STUDENT.—The term ‘‘covered stu-
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dent’’ means a minor who is—
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(A) an elementary school student; or
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(B) a student in any of the middle grades.
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•HR 736 RH
(2) ESEA
TERMS.—The terms ‘‘elementary
1
school’’, ‘‘middle grades’’, ‘‘parent’’, and ‘‘secondary
2
school’’ have the meanings given the terms in section
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8101 of the Elementary and Secondary Education
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Act of 1965 (20 U.S.C. 7801).
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Union Calendar No. 599
118TH CONGRESS
2D SESSION
H. R. 736
[Report No. 118–706]
A BILL
To require elementary and middle schools that re-
ceive Federal funds to obtain parental consent
before changing a minor child’s gender markers,
pronouns, or preferred name on any school form
or allowing a child to change the child’s sex-
based accommodations, including locker rooms or
bathrooms.
OCTOBER 1, 2024
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
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19:26 Oct 01, 2024
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PO 00000
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