I 

118TH CONGRESS 

1ST SESSION H. R. 216 

To prohibit Federal education funds from being provided to elementary 

schools that do not require teachers to obtain written parental consent 

prior to teaching lessons specifically related to gender identity, sexual 

orientation, or transgender studies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. VAN DREW introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To prohibit Federal education funds from being provided 

to elementary schools that do not require teachers to 

obtain written parental consent prior to teaching lessons 

specifically related to gender identity, sexual orientation, 

or transgender studies, 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 ‘‘My Child, My Choice 

5 Act of 2023’’. 


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1 SEC. 2. WRITTEN PARENTAL CONSENT REQUIRED FOR 

2 TEACHING OF INFORMATION RELATED TO 

3 GENDER IDENTITY, SEXUAL ORIENTATION, 

4 OR TRANSGENDER STUDIES. 

5 (a) IN GENERAL.—No funds under an applicable pro6 gram may be provided to an elementary school determined 

7 by the Secretary of Education under subsection (c) to not 

8 be in compliance with subsection (b). 

9 (b) WRITTEN PARENTAL CONSENT.— 

10 (1) CONSENT REQUIRED.—A teacher employed 

11 by an elementary school shall, prior to teaching a 

12 lesson specifically related to gender identity, sexual 

13 orientation, or transgender studies, request written 

14 consent from the parent of each student enrolled in 

15 the class in which the teacher plans to teach such 

16 lesson. 

17 (2) TIMING.— 

18 (A) IN GENERAL.—A teacher shall request 

19 the written consent required under paragraph 

20 (1) not later than 30 days prior to the date on 

21 which the teacher plans to teach such lesson. 

22 (B) DURATION OF CONSENT.—A teacher 

23 shall request such written consent each such 

24 time the teacher plans to teach such lesson. 

25 (3) SUBMISSION.—A parent providing written 

26 consent shall submit such written consent to the 


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1 principal of the school not later than the date de2 scribed in paragraph (2)(A). 

3 (4) CONSENT NOT OBTAINED.— 

4 (A) IN GENERAL.—In the case of a stu5 dent whose parent does not submit written con6 sent under paragraph (3), the school shall pro7 vide such student with an alternative period of 

8 learning or study hall. 

9 (B) 50 PERCENT REQUIRED.—If the prin10 cipal does not receive written consent from the 

11 parents of at least 50 percent of the students 

12 enrolled in the class in which the teacher plans 

13 to teach such lesson, the teacher may not teach 

14 such lesson. 

15 (c) ENSURING COMPLIANCE.— 

16 (1) IN GENERAL.—Students enrolled in an ele17 mentary school, parents of such students, and teach18 ers employed by an elementary school may submit, 

19 to the Secretary, a report that such school was not 

20 in compliance with subsection (b). 

21 (2) REVIEW.—The Secretary shall review each 

22 such report and make a determination with respect 

23 to whether the elementary school identified in such 

24 report is in compliance with subsection (b). 


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1 (3) DETERMINATION OF COMPLIANCE.—If the 

2 Secretary makes a determination that the school is 

3 not in compliance with subsection (b), the Secretary 

4 shall— 

5 (A) notify the school of such determina6 tion; 

7 (B) provide a period of 15 days after such 

8 notification for the school to— 

9 (i) comply with subsection (b); and 

10 (ii) submit to the Secretary a written 

11 confirmation of compliance with subsection 

12 (b), which shall include— 

13 (I) an identification of each re14 quirement of subsection (b) with 

15 which the school was not in compli16 ance; and 

17 (II) the plans and actions the 

18 school is taking to ensure that the 

19 school continues to be in such compli20 ance; and 

21 (C) evaluate the written confirmation sub22 mitted under subparagraph (B)(ii) and make a 

23 final determination with respect to whether the 

24 school is in compliance with subsection (b). 


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1 (d) FEDERAL FUNDS.—If the Secretary makes a 

2 final determination under subsection (c)(3)(C) that an ele3 mentary school is not in compliance with subsection (b), 

4 no funds under an applicable program may be provided 

5 to such school for the school year immediately following 

6 the school year in which such school is determined to be 

7 out of compliance. 

8 (e) DEFINITIONS.—In this section: 

9 (1) APPLICABLE PROGRAM.—The term ‘‘appli10 cable program’’ has the meaning given the term in 

11 section 400(c) of the General Education Provisions 

12 Act (20 U.S.C. 1221(c)). 

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

14 sex’’ means the biological indication of male or fe15 male in the context of reproductive potential or ca16 pacity, including sex chromosomes, naturally occur17 ring sex hormones, gonads, and nonambiguous inter18 nal and external genitalia present at birth. 

19 (3) ESEA TERMS.—The terms ‘‘elementary 

20 school’’ and ‘‘parent’’ have the meanings given such 

21 terms in section 8101 of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 7801). 

23 (4) GENDER IDENTITY.—The term ‘‘gender 

24 identity’’ means an individual’s perception of their 


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1 own gender or claimed gender, regardless of the bio2 logical sex of the individual. 

3 (5) LESSON.—The term ‘‘lesson’’ means a 

4 planned and structured period of learning. 

5 (6) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Education. 

7 (7) SEXUAL ORIENTATION.—The term ‘‘sexual 

8 orientation’’ means an individual’s actual or per9 ceived romantic, physical or sexual attraction to 

10 other individuals, or lack thereof, on the basis of 

11 gender. 

12 (8) TRANSGENDER INDIVIDUAL.—The term 

13 ‘‘transgender individual’’ means an individual whose 

14 gender identity or behavior does not conform to that 

15 typically associated with the biological sex of the in16 dividual. 

17 (9) TRANSGENDER STUDIES.—The term 

18 ‘‘transgender studies’’ means the study of 

19 transgender individuals. 

Æ 


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