My Child, My Choice Act of 2023

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. Short title This Act may be cited as the My Child, My Choice Act of 2023 2. Written parental consent required for teaching of information related to gender identity, sexual orientation, or transgender studies (a) In general No funds under an applicable program may be provided to an elementary school determined by the Secretary of Education under subsection (c) to not be in compliance with subsection (b). (b) Written parental consent (1) Consent required A teacher employed by an elementary school shall, prior to teaching a lesson specifically related to gender identity, sexual orientation, or transgender studies, request written consent from the parent of each student enrolled in the class in which the teacher plans to teach such lesson. (2) Timing (A) In general A teacher shall request the written consent required under paragraph (1) not later than 30 days prior to the date on which the teacher plans to teach such lesson. (B) Duration of consent A teacher shall request such written consent each such time the teacher plans to teach such lesson. (3) Submission A parent providing written consent shall submit such written consent to the principal of the school not later than the date described in paragraph (2)(A). (4) Consent not obtained (A) In general In the case of a student whose parent does not submit written consent under paragraph (3), the school shall provide such student with an alternative period of learning or study hall. (B) 50 percent required If the principal does not receive written consent from the parents of at least 50 percent of the students enrolled in the class in which the teacher plans to teach such lesson, the teacher may not teach such lesson. (c) Ensuring compliance (1) In general Students enrolled in an elementary school, parents of such students, and teachers employed by an elementary school may submit, to the Secretary, a report that such school was not in compliance with subsection (b). (2) Review The Secretary shall review each such report and make a determination with respect to whether the elementary school identified in such report is in compliance with subsection (b). (3) Determination of compliance If the Secretary makes a determination that the school is not in compliance with subsection (b), the Secretary shall— (A) notify the school of such determination; (B) provide a period of 15 days after such notification for the school to— (i) comply with subsection (b); and (ii) submit to the Secretary a written confirmation of compliance with subsection (b), which shall include— (I) an identification of each requirement of subsection (b) with which the school was not in compliance; and (II) the plans and actions the school is taking to ensure that the school continues to be in such compliance; and (C) evaluate the written confirmation submitted under subparagraph (B)(ii) and make a final determination with respect to whether the school is in compliance with subsection (b). (d) Federal funds If the Secretary makes a final determination under subsection (c)(3)(C) that an elementary school is not in compliance with subsection (b), no funds under an applicable program may be provided to such school for the school year immediately following the school year in which such school is determined to be out of compliance. (e) Definitions In this section: (1) Applicable program The term applicable program 20 U.S.C. 1221(c) (2) Biological sex The term biological sex (3) ESEA terms The terms elementary school parent 20 U.S.C. 7801 (4) Gender identity The term gender identity (5) Lesson The term lesson (6) Secretary The term Secretary (7) Sexual orientation The term sexual orientation (8) Transgender individual The term transgender individual (9) Transgender studies The term transgender studies

Summary: My Child, My Choice Act of 2023 This bill prohibits an elementary school from receiving federal education funds unless a teacher requests written parental consent prior to teaching a lesson specifically related to gender identity, sexual orientation, or transgender studies. In particular, the bill requires a teacher to request written consent from the parent of each student enrolled in the class prior to teaching the lesson. If a parent does not submit written consent to the lesson, then the school must provide the student with an alternative period of learning or study hall. Further, the teacher may not teach the lesson if the principal does not receive written consent from the parents of at least 50% of the students enrolled in the class.