What This Bill Does
This bill requires states to create and enforce a state policy banning school employees from helping minors with certain gender-related social transitions. States must adopt this policy within one year to keep receiving federal education funding under title II of the Elementary and Secondary Education Act of 1965. The bill aims to ensure that parents maintain control over decisions affecting their children's health and wellbeing.
Who It Affects
• States receiving federal education funding
• School employees (teachers, administrators, counselors, nurses, coaches, and others who regularly interact with students under 18)
• Parents or legal guardians of school-age children
• Students under 18 years old in public elementary and secondary schools
Key Provisions
• School employees cannot use pronouns for a minor that don't match the minor's biological sex without a parent or legal guardian's written consent to help the student's gender identity expression (Sec. 3(a)(1))
• School employees cannot provide, promote, refer to, or help with devices like binders or padding that change physical appearance to match a different biological sex without a parent or legal guardian's written consent (Sec. 3(a)(2))
• School employees cannot take any other action to help a minor adopt a gender identity different from their biological sex without a parent or legal guardian's written consent (Sec. 3(a)(3))
What Changes
States must adopt these policies within one year of the bill becoming law. States that do not implement these policies will become ineligible to receive federal education funding under title II of the Elementary and Secondary Education Act of 1965.
Important Definitions
• **Biological sex**: The biological indicators of male or female based on reproductive potential, including sex chromosomes, naturally occurring sex hormones, gonads, and external and internal genitalia present at birth (Sec. 3(b)(1))
• **Gender**: The psychological, behavioral, social, and cultural aspects of being male or female (Sec. 3(b)(2))
• **School employee**: Teachers, administrators, counselors, nurses, coaches, and other individuals who regularly interact with students under 18 in public schools, including contractors and those managing school activities (Sec. 3(b)(3))
Effective Date
States must have the required policy in effect within one year after the bill becomes law (Sec. 3(a))
I
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 interven-
tions.
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 ‘‘Prohibiting Parental
4
Secrecy Policies In Schools Act of 2023’’.
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SEC. 2. FINDINGS.
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Congress finds the following:
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(1) Parents are in the best position to know
1
their own child’s needs and circumstances, and
2
therefore they should maintain authority over all de-
3
cisions that could impact the health and well-being
4
of their children.
5
(2) The fundamental rights of parents over the
6
upbringing, education, and care of their children has
7
been unequivocally established in the United States.
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(3) The fundamental right of parents to direct
9
the education of their children, including the right to
10
play a central role in what their children are learn-
11
ing shall be upheld.
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(4) Academic success begins by embracing these
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fundamental parental rights in our educational insti-
14
tutions.
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(5) It is essential that parents’ voices are re-
16
spected and incorporated into the development of
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academic curricula to ensure that their children are
18
receiving an appropriate education.
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(6) Education must focus on academic subjects,
20
and, without exception, should not include personal
21
bias, personal political opinion, or indoctrination.
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(7) A parent should have the right to opt-in re-
23
view and evaluate all survey, data collection, and
24
psychological profiling before it is administered to
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•HR 1585 IH
their students and parents should have the right to
1
opt-out of all such testing, survey participation, or
2
data collection.
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(8) The traditional partnership between school
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employees, students, and parents by involving par-
5
ents in the education of their children shall be
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upheld.
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SEC. 3. STATE POLICY PROHIBITING CERTAIN SOCIAL GEN-
8
DER TRANSITION INTERVENTIONS.
9
(a) SOCIAL GENDER TRANSITION INTERVENTION
10
WITH RESPECT TO A MINOR.—Not later than one year
11
after the date of the enactment of the this Act, to be eligi-
12
ble to receive funding pursuant to title II of the Elemen-
13
tary and Secondary Education Act of 1965 (20 U.S.C.
14
6601 et seq.) a State shall have in effect a State policy
15
prohibiting a school employee from—
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(1) using pronouns for a minor that are incon-
17
sistent with the minor’s biological sex for the pur-
18
pose of recognizing or promoting a self-professed
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identity that is incongruent with their biological sex,
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without the consent of a custodial parent or legal
21
guardian;
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(2) providing, promoting, referring to, or other-
23
wise assisting in the use of devices, medical and oth-
24
erwise, such as binders, packers, or padding, that
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•HR 1585 IH
promote changes to the minor’s physical appearance
1
so that it aligns with the opposite biological sex for
2
the purpose of recognizing or promoting a self-pro-
3
fessed identity that is incongruent with their biologi-
4
cal sex, without the consent of a custodial parent or
5
legal guardian; and
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(3) carrying out any other action designed to
7
assist a minor in the promotion or adoption of their
8
self-professed gender identity and denial of their bio-
9
logical sex, without the consent of a custodial parent
10
or legal guardian.
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(b) DEFINITIONS.—In this section:
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(1) BIOLOGICAL
SEX.—The term ‘‘biological
13
sex’’ means the biological indicators of male or fe-
14
male in the context of reproductive potential or ca-
15
pacity, such as sex chromosomes, naturally occurring
16
sex hormones, gonads, and non-ambiguous internal
17
and external genitalia present at birth, without re-
18
gard to an individual’s psychological, chosen, or sub-
19
jective experience of gender.
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(2) GENDER.—The term ‘‘gender’’ means the
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psychological, behavioral, social, and cultural aspects
22
of being male or female.
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(3) SCHOOL EMPLOYEE.—The term ‘‘school em-
24
ployee’’ includes—
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(A) a teacher, substitute teacher, school
1
administrator, school superintendent, guidance
2
counselor, psychologist, social worker, nurse,
3
physician, school paraprofessional or coach em-
4
ployed by a public elementary or secondary
5
school or local educational agency in a State;
6
(B) an individual associated with the ad-
7
ministration or financing of an extracurricular
8
activity hosted by or at a public elementary or
9
secondary school; or
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(C) any other individual who, in the per-
11
formance of his or her duties, has regular con-
12
tact with students under the age of 18 years old
13
and who provides services to or on behalf of
14
such students enrolled in a public elementary or
15
secondary school, pursuant to a contract with
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the public elementary or secondary school, State
17
educational agency, or local educational agency.
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(4) STATE.—The term ‘‘State’’ means each of
19
the several States, the District of Columbia, and any
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commonwealth, territory, or possession of the United
21
States.
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Æ
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