NOT in Our Schools Act of 2023

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. Short title This Act may be cited as the No Obscene Teaching in Our Schools Act of 2023 NOT in Our Schools Act of 2023 2. Prohibiting federal funds to certain schools (a) Prohibition (1) In general No Federal funds may be provided to an elementary school or secondary school that is in violation of any law of the State in which the school is located that is related to materials that are harmful to minors. (2) 529 education savings plan account programs Notwithstanding any other provision of law and to the extent permitted under State law, a State educational agency may either return the Federal funds that were dedicated to the violating school or, at the request of the parents or legal guardian of eligible children, a State educational agency may create and carry out a 529 education savings plan account program. (b) Definitions (1) 529 education savings plan account The term 529 education savings plan account section 529(b)(1)(A) (2) Eligible child The term eligible child (3) Home school The term home school 3. 529 account funding for homeschool and additional elementary and secondary expenses (a) In general Section 529(c)(7) (7) Treatment of elementary and secondary tuition and resources Any reference in this section to the term qualified higher education expense (A) Tuition. (B) Curriculum and curricular materials. (C) Books or other instructional materials. (D) Online educational materials. (E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student. (F) Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. (G) Fees for dual enrollment in an institution of higher education. (H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies. Such term shall include expenses for the purposes described in subparagraphs (A) through (H) in connection with a homeschool (whether treated as a homeschool or a private school for purposes of applicable State law). . (b) Effective date The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. 4. Report to Congress A State that creates and carries out a 529 education savings plan account program under this Act shall submit an annual report to Congress no later than July 1 of the following year. The report shall include schools found in violation of State law related to materials deemed harmful to children, the nature and details of the violation, the number of eligible children participating in the 529 program under this Act, and the use of the Federal funds for qualified expenses.

Summary: No Obscene Teaching in Our Schools Act of 2023 or the NOT in Our Schools Act of 2023 This bill prohibits an elementary or secondary school from receiving federal funds if the school is in violation of any law of the state in which the school is located that is related to materials that are harmful to minors. Further, the bill requires a state educational agency to either (1) return the federal funds that were dedicated to the school in violation of such state law; or (2) create and carry out, at the request of parents or legal guardians of eligible children, a 529 education savings plan account program (also known as a qualified tuition program). The bill allows tax-exempt distributions from these 529 plans to be used for additional educational expenses (e.g., curriculum, books, and testing fees) in connection with enrollment or attendance at an elementary or secondary school. Distributions may also be used for tuition and additional expenses in connection with a homeschool (whether treated as a homeschool or a private school under state law).