What This Bill Does
This bill requires elementary and middle schools that receive federal funding to get a parent's permission before changing how a student's name, pronouns, or gender markers appear on school forms. Schools must also get parental consent before allowing a student to use different locker rooms or bathrooms based on gender identity.
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Who It Affects
Elementary schools and middle schools that receive federal funds. Parents and guardians of students at these schools. Students in elementary and middle grades.
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Key Provisions
- Schools that get federal money must obtain parental consent before changing a student's gender markers, pronouns, or preferred name on any school form (Sec. 3)
- Schools that get federal money must obtain parental consent before allowing a student to change which sex-based accommodations (like locker rooms or bathrooms) the student uses (Sec. 3)
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What Changes
If this bill becomes law, elementary and middle schools receiving federal funds would need written parental permission before making changes to a student's gender markers, pronouns, or preferred name on school documents. Schools would also need parental permission before allowing students to use different locker rooms or bathrooms based on gender identity.
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Important Definitions
Elementary school: Not defined in bill text. Middle grades: Not defined in bill text.
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 200
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 SENATE OF THE UNITED STATES
FEBRUARY 1, 2023
Mr. SCOTT of South Carolina (for himself, Mr. CRAPO, Mr. GRAHAM, Mrs.
HYDE-SMITH, Mr. SCOTT of Florida, Mr. RUBIO, and Mr. RISCH) intro-
duced the following bill; which was read twice and referred to the Com-
mittee on Health, Education, Labor, and Pensions
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.
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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•S 200 IS
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. FINDINGS.
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Congress finds the following:
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(1) The law in the United States has long rec-
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ognized the importance of parental rights. A par-
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ent’s right to oversee the care and education of their
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child is guaranteed by the Fourteenth Amendment.
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(2) Parents have a fundamental, constitu-
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tionally guaranteed right to raise and educate their
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children in the way that they choose.
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(3) Public schools across the country are vio-
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lating these fundamental parental and familial rights
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by deliberately hiding information about gender
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transitioning children from their parents.
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(4) School staff in Montgomery County Public
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Schools in Maryland instruct teachers to form ‘‘gen-
19
der transition plans’’ for students without the knowl-
20
edge or consent of the student’s family.
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(5) An Iowa public school district was sued for
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allowing children as young as 12 to create ‘‘gender
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support plans’’ without the knowledge or consent of
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the students’ parents.
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•S 200 IS
(6) Fairfax County Public Schools in Virginia
1
has required all teachers to complete a training pro-
2
gram saying that parental permission is not required
3
for students who seek to be addressed by different
4
names or pronouns.
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(7) Regardless of their intentions, these schools
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are sabotaging the parent-child relationship and en-
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couraging children to keep secrets from the adults
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who are charged with protecting and defending
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them—their parents.
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(8) Children do best when their parents are ac-
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tively involved in their education. School districts,
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activist organizations, and teachers unions must
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never be allowed to intrude on parental rights by
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concealing critical information from parents about
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their children.
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SEC. 3. REQUIREMENT RELATED TO GENDER MARKERS,
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PRONOUNS, AND PREFERRED NAMES ON
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SCHOOL FORMS.
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As a condition of receiving Federal funds, any ele-
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mentary school (as such term is defined in section 8101
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of the Elementary and Secondary Education Act of 1965
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(20 U.S.C. 7801)) or school that consists of only middle
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grades (as such term is defined in such section), that re-
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•S 200 IS
ceives Federal funds shall be required to obtain parental
1
consent before—
2
(1) changing a minor child’s gender markers,
3
pronouns, or preferred name on any school form; or
4
(2) allowing a child to change the child’s sex-
5
based accommodations, including locker rooms or
6
bathrooms.
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Æ
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