I 

118TH CONGRESS 

1ST SESSION H. R. 5303 

To prohibit the disbursement of Federal funds to schools that violate any 

State law relating to materials that are harmful to minors, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 29, 2023 

Mr. GREEN of Tennessee introduced the following bill; which was referred to 

the Committee on Ways and Means, and in addition to the Committee 

on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit the disbursement of Federal funds to schools 

that violate any State law relating to materials that 

are harmful to minors, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Obscene Teaching 

5 in Our Schools Act of 2023’’ or the ‘‘NOT in Our Schools 

6 Act of 2023’’. 


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1 SEC. 2. PROHIBITING FEDERAL FUNDS TO CERTAIN 

2 SCHOOLS. 

3 (a) PROHIBITION.— 

4 (1) IN GENERAL.—No Federal funds may be 

5 provided to an elementary school or secondary school 

6 that is in violation of any law of the State in which 

7 the school is located that is related to materials that 

8 are harmful to minors. 

9 (2) 529 EDUCATION SAVINGS PLAN ACCOUNT

10 PROGRAMS.—Notwithstanding any other provision of 

11 law and to the extent permitted under State law, a 

12 State educational agency may either return the Fed13 eral funds that were dedicated to the violating school 

14 or, at the request of the parents or legal guardian 

15 of eligible children, a State educational agency may 

16 create and carry out a 529 education savings plan 

17 account program. 

18 (b) DEFINITIONS.— 

19 (1) 529 EDUCATION SAVINGS PLAN ACCOUNT.— 

20 The term ‘‘529 education savings plan account’’ 

21 means a qualified tuition program (as defined in sec22 tion 529(b)(1)(A) of the Internal Revenue Code of 

23 1986). 

24 (2) ELIGIBLE CHILD.—The term ‘‘eligible 

25 child’’ means a child who attends, or otherwise 

26 would be attending, an elementary school or secVerDate Sep 11 2014 02:08 Aug 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5303.IH H5303

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1 ondary school that receives (or is eligible to receive) 

2 Federal funds and is determined to be in violation 

3 of any law of the State in which the school is located 

4 that is related to materials that are harmful to mi5 nors. 

6 (3) HOME SCHOOL.—The term ‘‘home school’’ 

7 means a home school as defined by the laws of the 

8 State in which the eligible child resides. 

9 SEC. 3. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND AD10 DITIONAL ELEMENTARY AND SECONDARY EX11 PENSES. 

12 (a) IN GENERAL.—Section 529(c)(7) of the Internal 

13 Revenue Code of 1986 is amended to read as follows: 

14 ‘‘(7) TREATMENT OF ELEMENTARY AND SEC15 ONDARY TUITION AND RESOURCES.—Any reference 

16 in this section to the term ‘qualified higher edu17 cation expense’ shall include a reference to the fol18 lowing expenses in connection with enrollment or at19 tendance at, or for students enrolled at or attending, 

20 an elementary or secondary public, private, or reli21 gious school: 

22 ‘‘(A) Tuition. 

23 ‘‘(B) Curriculum and curricular materials. 

24 ‘‘(C) Books or other instructional mate25 rials. 


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1 ‘‘(D) Online educational materials. 

2 ‘‘(E) Tuition for tutoring or educational 

3 classes outside of the home, including at a tu4 toring facility, but only if the tutor or instruc5 tor is not related to the student. 

6 ‘‘(F) Fees for a nationally standardized 

7 norm-referenced achievement test, an advanced 

8 placement examination, or any examinations re9 lated to college or university admission. 

10 ‘‘(G) Fees for dual enrollment in an insti11 tution of higher education. 

12 ‘‘(H) Educational therapies for students 

13 with disabilities provided by a licensed or ac14 credited practitioner or provider, including oc15 cupational, behavioral, physical, and speech-lan16 guage therapies. 

17 Such term shall include expenses for the purposes 

18 described in subparagraphs (A) through (H) in con19 nection with a homeschool (whether treated as a 

20 homeschool or a private school for purposes of appli21 cable State law).’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 this section shall apply to distributions made after the 

24 date of the enactment of this Act. 


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1 SEC. 4. REPORT TO CONGRESS. 

2 A State that creates and carries out a 529 education 

3 savings plan account program under this Act shall submit 

4 an annual report to Congress no later than July 1 of the 

5 following year. The report shall include schools found in 

6 violation of State law related to materials deemed harmful 

7 to children, the nature and details of the violation, the 

8 number of eligible children participating in the 529 pro9 gram under this Act, and the use of the Federal funds 

10 for qualified expenses. 

Æ 


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