Text of US HB 5116 (2025)

I 119TH CONGRESS 1ST SESSION H. R. 5116 To require elementary schools and secondary schools that receive Federal funds to obtain parental consent before facilitating a child’s gender transition in any form, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 3, 2025 Mrs. MILLER of Illinois (for herself, Mrs. LUNA, Mrs. BIGGS of South Caro- lina, Mr. SELF, Ms. BOEBERT, Mr. HARRIGAN, Mr. MOORE of Alabama, Mrs. HARSHBARGER, Ms. STEFANIK, and Ms. MACE) introduced the fol- lowing bill; which was referred to the Committee on Education and Work- force A BILL To require elementary schools and secondary schools that receive Federal funds to obtain parental consent before facilitating a child’s gender transition in any form, and for other purposes. 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 ‘‘Empower Parents to 4 Protect their Kids Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 20:50 Sep 08, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 5116 IH (1) School districts across the country have vio- 1 lated parental and familial rights by encouraging or 2 instructing staff to deceive or withhold information 3 from parents if their child expresses discomfort with 4 their sex or is seeking to socially or physically adopt 5 an identity that is incongruent with their sex. With- 6 out parental knowledge or consent, schools are 7 changing the names and pronouns of children in 8 school, provided or allowed students to bring clothes 9 typically worn by the opposite sex for students to 10 change into once they arrive at school, or even allow- 11 ing children to change which sex-segregated facilities 12 they use, such as rest rooms, locker rooms, and dor- 13 mitories or other housing for overnight field trips. 14 (2) This is often being done pursuant to a 15 ‘‘gender transition plan’’ that is nearly always kept 16 secret from parents. In fact, these school districts 17 have kept a second set of student records that are 18 unknown to the parents. Powerful teachers unions 19 and activist organizations have pressured more 20 schools to adopt policies to enable and encourage 21 children, of any age, to adopt an ‘‘identity’’ that is 22 incongruent with their sex and be treated accord- 23 ingly at school without parental notice or consent. 24 VerDate Sep 11 2014 20:50 Sep 08, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 5116 IH (3) Contrary to the unfounded assertions of ac- 1 tivists, the social aspects of adopting an identity that 2 is incongruent with an individual’s sex are not neu- 3 tral or uncontroversial. This is experimental and has 4 immediate effects on a child’s psychology and dra- 5 matically increases the statistical likelihood that a 6 child will go on to take puberty blocking or sup- 7 pressing drugs and wrong-sex hormones. Addition- 8 ally, it makes it more difficult for a child to reverse 9 course later on, thereby increasing the likelihood 10 that the child will continue on to the surgical ele- 11 ments of adopting an identity that is incongruent 12 with one’s sex, resulting in life-changing, irreversible 13 consequences. 14 (4) Any policies that attempt to circumvent pa- 15 rental authority are a violation of parents’ constitu- 16 tionally protected rights to direct the care, custody, 17 and upbringing of their children as recognized by 18 the Supreme Court. Further, policies that withhold 19 information from parents or ask children about inti- 20 mate details of their family life violate Federal stat- 21 utes designed to uphold a parent’s rights and duties 22 in education. School districts implementing such 23 policies are misrepresenting or entirely ignoring 24 these statutes and constitutional protections. 25 VerDate Sep 11 2014 20:50 Sep 08, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 5116 IH (5) On January 29, 2025, President Trump 1 signed Executive Order 14191 ‘‘Ending Radical In- 2 doctrination in K–12 Schooling’’, to enforce the law 3 to ensure that recipients of Federal funds providing 4 K–12 education comply with all laws protecting pa- 5 rental rights. 6 (6) Schools should never be allowed to intrude 7 on family life by misleading or excluding parents 8 and confusing children. 9 SEC. 3. REQUIREMENTS OF PARENTAL CONSENT. 10 (a) IN GENERAL.—No Federal funds shall be made 11 available to any elementary school or secondary school un- 12 less the elementary school or secondary school, with re- 13 spect to students enrolled at the school who have not yet 14 reached 18 years of age, complies with each of the fol- 15 lowing requirements: 16 (1) School employees do not proceed with any 17 accommodation intended to affirm a student’s pur- 18 ported ‘‘identity’’ that is incongruent with the stu- 19 dent’s sex, or any action to facilitate or otherwise 20 aid and abet a minor in adopting such an identity, 21 including referral or recommendation to any third- 22 party medical provider for a gender transition proce- 23 dure, unless the employees have received express pa- 24 rental consent to do so. 25 VerDate Sep 11 2014 20:50 Sep 08, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 5116 IH (2) School employees do not facilitate, encour- 1 age, or coerce students to withhold information from 2 their parents regarding the student’s purported 3 identity, when it is incongruent with the student’s 4 sex. 5 (3) School employees do not withhold or hide 6 information from parents about a student’s discom- 7 fort with their sex, their desire for an identity that 8 is incongruent with their sex, their profession of an 9 identity that is incongruent with their sex, or their 10 desire to undergo a gender transition procedure. 11 (4) School employees do not encourage, pres- 12 sure, or coerce the parents of students, or students 13 themselves, to proceed with any intervention to af- 14 firm the student’s adoption of an identity that is in- 15 congruent with their sex. 16 (b) RULES OF CONSTRUCTION.—Nothing in this sec- 17 tion shall be construed— 18 (1) to prevent a school employee from con- 19 tacting appropriate legal authorities about an immi- 20 nent threat to a student’s physical safety in the 21 event that the school employee knows or has a rea- 22 sonable suspicion that the student is at risk of phys- 23 ical abuse, as defined in section 1169 of title 18, 24 United States Code; or 25 VerDate Sep 11 2014 20:50 Sep 08, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 5116 IH (2) to deprive any parent of the right to be in- 1 volved in a child’s actions or discussions about gen- 2 der transition, without the due process of law. 3 (c) ENSURING COMPLIANCE.—The head of each Fed- 4 eral agency shall require each application for Federal as- 5 sistance submitted by a State educational agency or local 6 educational agency to the head of such Federal agency— 7 (1) to describe the steps that each elementary 8 school and secondary school served by the State edu- 9 cational agency or local educational agency proposes 10 to take to ensure compliance with the requirements 11 under this section and how these steps preserve and 12 protect the authority of the family; and 13 (2) to ensure that— 14 (A) a copy of the written policy that each 15 elementary school and secondary school served 16 by the State educational agency or local edu- 17 cational agency has to ensure compliance with 18 the requirements under this section is provided 19 to the head of such Federal agency and to the 20 families of enrolled students; and 21 (B) each such policy is clearly and publicly 22 posted on the website of the school. 23 (d) CIVIL ACTION FOR CERTAIN VIOLATIONS.— 24 VerDate Sep 11 2014 20:50 Sep 08, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 5116 IH (1) IN GENERAL.—A qualified party may, in a 1 civil action, obtain appropriate relief with regard to 2 a designated violation. 3 (2) ADMINISTRATIVE REMEDIES NOT RE- 4 QUIRED.—An action under this section may be com- 5 menced, and relief may be granted, without regard 6 to whether the party commencing the action has 7 sought or exhausted any available administrative 8 remedy. 9 (3) DEFENDANTS IN ACTIONS UNDER THIS 10 SECTION MAY INCLUDE GOVERNMENTAL ENTITIES 11 AS WELL AS OTHERS.—An action under this section 12 may be brought against any elementary school or 13 secondary school receiving Federal financial assist- 14 ance or any governmental entity assisting an elemen- 15 tary school or secondary school. 16 (4) NATURE OF RELIEF.—In an action under 17 this section, the court shall grant— 18 (A) all appropriate relief, including injunc- 19 tive relief and declaratory relief; 20 (B) to a prevailing plaintiff, reasonable at- 21 torneys’ fees and litigation costs; and 22 (C) payment for treatments or therapy to 23 repair harm to the child from pursuit of ‘‘gen- 24 VerDate Sep 11 2014 20:50 Sep 08, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 5116 IH der transition’’ determined as necessary by the 1 parent and the child’s medical providers. 2 (5) ATTORNEYS FEES FOR DEFENDANT.—If a 3 defendant in a civil action under this subsection pre- 4 vails and the court finds that the plaintiff’s suit was 5 frivolous, the court shall award a reasonable attor- 6 ney’s fee in favor of the defendant against the plain- 7 tiff. 8 (e) DEFINITIONS.—In this section: 9 (1) FEMALE.—The term ‘‘female’’, when used 10 to refer to a natural person, means an individual 11 who naturally has, had, will have, or would have, but 12 for a congenital anomaly, historical accident, or in- 13 tentional or unintentional disruption, the reproduc- 14 tive system that at some point produces, transports, 15 and utilizes eggs for fertilization. 16 (2) MALE.—The term ‘‘male’’, when used to 17 refer to a natural person, means an individual who 18 naturally has, had, will have, or would have, but for 19 a congenital anomaly, historical accident, or inten- 20 tional or unintentional disruption, the reproductive 21 system that at some point produces, transports, and 22 utilizes sperm for fertilization. 23 VerDate Sep 11 2014 20:50 Sep 08, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 5116 IH (3) SEX.—The term ‘‘sex’’, when referring to 1 an individual’s sex, means to refer to either male or 2 female, as biologically determined. 3 (4) DESIGNATED VIOLATION.—The term ‘‘des- 4 ignated violation’’ means an actual or threatened 5 violation of this section. 6 (5) ESEA.—The term ‘‘elementary school’’ and 7 ‘‘secondary school’’ have the meanings given the 8 terms in section 8101 of the Elementary and Sec- 9 ondary Education Act of 1965 (20 U.S.C. 7801). 10 (6) GENDER TRANSITION.—The term ‘‘gender 11 transition’’ means the process in which an individual 12 goes from identifying with or presenting as his or 13 her sex to identifying with or presenting a self-pro- 14 claimed identity that does not correspond with or is 15 different from his or her sex, and may be accom- 16 panied with social, legal, or physical changes. 17 (7) GOVERNMENTAL ENTITY.—The term ‘‘gov- 18 ernmental entity,’’ means a school district, a local 19 educational agency, a school board, or any agency or 20 other governmental unit or subdivision of a State re- 21 sponsible for education, or of such a local govern- 22 ment. 23 (8) QUALIFIED PARTY.—The term ‘‘qualified 24 party’’ means— 25 VerDate Sep 11 2014 20:50 Sep 08, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116 ssavage on LAPJG3WLY3PROD with BILLS 10 •HR 5116 IH (A) the Attorney General of the United 1 States; or 2 (B) any parent or legal guardian adversely 3 affected by the designated violation. 4 Æ VerDate Sep 11 2014 20:50 Sep 08, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H5116.IH H5116 ssavage on LAPJG3WLY3PROD with BILLS