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 interventions. 

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 ‘‘Prohibiting Parental 

5 Secrecy Policies In Schools Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Parents are in the best position to know 

2 their own child’s needs and circumstances, and 

3 therefore they should maintain authority over all de4 cisions that could impact the health and well-being 

5 of their children. 

6 (2) The fundamental rights of parents over the 

7 upbringing, education, and care of their children has 

8 been unequivocally established in the United States. 

9 (3) The fundamental right of parents to direct 

10 the education of their children, including the right to 

11 play a central role in what their children are learn12 ing shall be upheld. 

13 (4) Academic success begins by embracing these 

14 fundamental parental rights in our educational insti15 tutions. 

16 (5) It is essential that parents’ voices are re17 spected and incorporated into the development of 

18 academic curricula to ensure that their children are 

19 receiving an appropriate education. 

20 (6) Education must focus on academic subjects, 

21 and, without exception, should not include personal 

22 bias, personal political opinion, or indoctrination. 

23 (7) A parent should have the right to opt-in re24 view and evaluate all survey, data collection, and 

25 psychological profiling before it is administered to 


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1 their students and parents should have the right to 

2 opt-out of all such testing, survey participation, or 

3 data collection. 

4 (8) The traditional partnership between school 

5 employees, students, and parents by involving par6 ents in the education of their children shall be 

7 upheld. 

8 SEC. 3. STATE POLICY PROHIBITING CERTAIN SOCIAL GEN9 DER TRANSITION INTERVENTIONS. 

10 (a) SOCIAL GENDER TRANSITION INTERVENTION

11 WITH RESPECT TO A MINOR.—Not later than one year 

12 after the date of the enactment of the this Act, to be eligi13 ble to receive funding pursuant to title II of the Elemen14 tary and Secondary Education Act of 1965 (20 U.S.C. 

15 6601 et seq.) a State shall have in effect a State policy 

16 prohibiting a school employee from— 

17 (1) using pronouns for a minor that are incon18 sistent with the minor’s biological sex for the pur19 pose of recognizing or promoting a self-professed 

20 identity that is incongruent with their biological sex, 

21 without the consent of a custodial parent or legal 

22 guardian; 

23 (2) providing, promoting, referring to, or other24 wise assisting in the use of devices, medical and oth25 erwise, such as binders, packers, or padding, that 


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1 promote changes to the minor’s physical appearance 

2 so that it aligns with the opposite biological sex for 

3 the purpose of recognizing or promoting a self-pro4 fessed identity that is incongruent with their biologi5 cal sex, without the consent of a custodial parent or 

6 legal guardian; and 

7 (3) carrying out any other action designed to 

8 assist a minor in the promotion or adoption of their 

9 self-professed gender identity and denial of their bio10 logical sex, without the consent of a custodial parent 

11 or legal guardian. 

12 (b) DEFINITIONS.—In this section: 

13 (1) BIOLOGICAL SEX.—The term ‘‘biological 

14 sex’’ means the biological indicators of male or fe15 male in the context of reproductive potential or ca16 pacity, such as sex chromosomes, naturally occurring 

17 sex hormones, gonads, and non-ambiguous internal 

18 and external genitalia present at birth, without re19 gard to an individual’s psychological, chosen, or sub20 jective experience of gender. 

21 (2) GENDER.—The term ‘‘gender’’ means the 

22 psychological, behavioral, social, and cultural aspects 

23 of being male or female. 

24 (3) SCHOOL EMPLOYEE.—The term ‘‘school em25 ployee’’ includes— 


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1 (A) a teacher, substitute teacher, school 

2 administrator, school superintendent, guidance 

3 counselor, psychologist, social worker, nurse, 

4 physician, school paraprofessional or coach em5 ployed by a public elementary or secondary 

6 school or local educational agency in a State; 

7 (B) an individual associated with the ad8 ministration or financing of an extracurricular 

9 activity hosted by or at a public elementary or 

10 secondary school; or 

11 (C) any other individual who, in the per12 formance of his or her duties, has regular con13 tact with students under the age of 18 years old 

14 and who provides services to or on behalf of 

15 such students enrolled in a public elementary or 

16 secondary school, pursuant to a contract with 

17 the public elementary or secondary school, State 

18 educational agency, or local educational agency. 

19 (4) STATE.—The term ‘‘State’’ means each of 

20 the several States, the District of Columbia, and any 

21 commonwealth, territory, or possession of the United 

22 States. 

Æ 


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