Text of US SB 200 (2023)

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- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:43 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S200.IS S200 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 200 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Parental Rights Over 2 The Education and Care of Their Kids Act’’ or the ‘‘PRO- 3 TECT Kids Act’’. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) The law in the United States has long rec- 7 ognized the importance of parental rights. A par- 8 ent’s right to oversee the care and education of their 9 child is guaranteed by the Fourteenth Amendment. 10 (2) Parents have a fundamental, constitu- 11 tionally guaranteed right to raise and educate their 12 children in the way that they choose. 13 (3) Public schools across the country are vio- 14 lating these fundamental parental and familial rights 15 by deliberately hiding information about gender 16 transitioning children from their parents. 17 (4) School staff in Montgomery County Public 18 Schools in Maryland instruct teachers to form ‘‘gen- 19 der transition plans’’ for students without the knowl- 20 edge or consent of the student’s family. 21 (5) An Iowa public school district was sued for 22 allowing children as young as 12 to create ‘‘gender 23 support plans’’ without the knowledge or consent of 24 the students’ parents. 25 VerDate Sep 11 2014 04:43 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S200.IS S200 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •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. 5 (7) Regardless of their intentions, these schools 6 are sabotaging the parent-child relationship and en- 7 couraging children to keep secrets from the adults 8 who are charged with protecting and defending 9 them—their parents. 10 (8) Children do best when their parents are ac- 11 tively involved in their education. School districts, 12 activist organizations, and teachers unions must 13 never be allowed to intrude on parental rights by 14 concealing critical information from parents about 15 their children. 16 SEC. 3. REQUIREMENT RELATED TO GENDER MARKERS, 17 PRONOUNS, AND PREFERRED NAMES ON 18 SCHOOL FORMS. 19 As a condition of receiving Federal funds, any ele- 20 mentary school (as such term is defined in section 8101 21 of the Elementary and Secondary Education Act of 1965 22 (20 U.S.C. 7801)) or school that consists of only middle 23 grades (as such term is defined in such section), that re- 24 VerDate Sep 11 2014 04:43 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S200.IS S200 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 200 IS ceives Federal funds shall be required to obtain parental 1 consent before— 2 (1) changing a minor child’s gender markers, 3 pronouns, or preferred name on any school form; or 4 (2) allowing a child to change the child’s sex- 5 based accommodations, including locker rooms or 6 bathrooms. 7 Æ VerDate Sep 11 2014 04:43 Feb 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S200.IS S200 pbinns on DSKJLVW7X2PROD with $$_JOB