Prohibiting Parental Secrecy Policies In Schools Act of 2023

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. Short title This Act may be cited as the Prohibiting Parental Secrecy Policies In Schools Act of 2023 2. Findings Congress finds the following: (1) Parents are in the best position to know their own child’s needs and circumstances, and therefore they should maintain authority over all decisions that could impact the health and well-being of their children. (2) The fundamental rights of parents over the upbringing, education, and care of their children has been unequivocally established in the United States. (3) The fundamental right of parents to direct the education of their children, including the right to play a central role in what their children are learning shall be upheld. (4) Academic success begins by embracing these fundamental parental rights in our educational institutions. (5) It is essential that parents’ voices are respected and incorporated into the development of academic curricula to ensure that their children are receiving an appropriate education. (6) Education must focus on academic subjects, and, without exception, should not include personal bias, personal political opinion, or indoctrination. (7) A parent should have the right to opt-in review and evaluate all survey, data collection, and psychological profiling before it is administered to their students and parents should have the right to opt-out of all such testing, survey participation, or data collection. (8) The traditional partnership between school employees, students, and parents by involving parents in the education of their children shall be upheld. 3. State policy prohibiting certain social gender transition interventions (a) Social gender transition intervention with respect to a minor Not later than one year after the date of the enactment of the this Act, to be eligible to receive funding pursuant to title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. (1) using pronouns for a minor that are inconsistent with the minor’s biological sex for the purpose of recognizing or promoting a self-professed identity that is incongruent with their biological sex, without the consent of a custodial parent or legal guardian; (2) providing, promoting, referring to, or otherwise assisting in the use of devices, medical and otherwise, such as binders, packers, or padding, that promote changes to the minor’s physical appearance so that it aligns with the opposite biological sex for the purpose of recognizing or promoting a self-professed identity that is incongruent with their biological sex, without the consent of a custodial parent or legal guardian; and (3) carrying out any other action designed to assist a minor in the promotion or adoption of their self-professed gender identity and denial of their biological sex, without the consent of a custodial parent or legal guardian. (b) Definitions In this section: (1) Biological sex The term biological sex (2) Gender The term gender (3) School employee The term school employee (A) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a public elementary or secondary school or local educational agency in a State; (B) an individual associated with the administration or financing of an extracurricular activity hosted by or at a public elementary or secondary school; or (C) any other individual who, in the performance of his or her duties, has regular contact with students under the age of 18 years old and who provides services to or on behalf of such students enrolled in a public elementary or secondary school, pursuant to a contract with the public elementary or secondary school, State educational agency, or local educational agency. (4) State The term State

Summary: Prohibiting Parental Secrecy Policies In Schools Act of 2023 This bill requires each state, in order to receive specified federal funds for elementary and secondary education, to implement a state policy prohibiting school employees from certain actions regarding a minor's gender identity without parental consent. In particular, a state policy must prohibit employees from the following activities without the consent of a minor student's custodial parent or legal guardian: using pronouns for a minor that are inconsistent with the minor's biological sex for the purpose of recognizing or promoting a self-professed gender identity that is incongruent with their biological sex; providing, promoting, referring to, or otherwise assisting in the use of medical or other devices that promote changes to the minor's physical appearance so that it aligns with the opposite biological sex for the purpose of recognizing or promoting a self-professed gender identity that is incongruent with their biological sex; and carrying out any other action designed to assist a minor in the promotion or adoption of their self-professed gender identity and denial of their biological sex.