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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘My Child, My Choice 
Act of 2023’’. 
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SEC. 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 pro-
gram 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 
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principal of the school not later than the date de-
scribed in paragraph (2)(A). 
(4) CONSENT NOT OBTAINED.— 
(A) IN GENERAL.—In the case of a stu-
dent whose parent does not submit written con-
sent under paragraph (3), the school shall pro-
vide such student with an alternative period of 
learning or study hall. 
(B) 50 PERCENT REQUIRED.—If the prin-
cipal 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 ele-
mentary school, parents of such students, and teach-
ers 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). 
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(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 determina-
tion; 
(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 re-
quirement of subsection (b) with 
which the school was not in compli-
ance; and 
(II) the plans and actions the 
school is taking to ensure that the 
school continues to be in such compli-
ance; and 
(C) evaluate the written confirmation sub-
mitted under subparagraph (B)(ii) and make a 
final determination with respect to whether the 
school is in compliance with subsection (b). 
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(d) FEDERAL FUNDS.—If the Secretary makes a 
final determination under subsection (c)(3)(C) that an ele-
mentary 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 ‘‘appli-
cable program’’ has the meaning given the term in 
section 400(c) of the General Education Provisions 
Act (20 U.S.C. 1221(c)). 
(2) BIOLOGICAL
SEX.—The term ‘‘biological 
sex’’ means the biological indication of male or fe-
male in the context of reproductive potential or ca-
pacity, including sex chromosomes, naturally occur-
ring sex hormones, gonads, and nonambiguous inter-
nal and external genitalia present at birth. 
(3) ESEA TERMS.—The terms ‘‘elementary 
school’’ and ‘‘parent’’ have the meanings given such 
terms in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(4) GENDER
IDENTITY.—The term ‘‘gender 
identity’’ means an individual’s perception of their 
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own gender or claimed gender, regardless of the bio-
logical sex of the individual. 
(5) LESSON.—The term ‘‘lesson’’ means a 
planned and structured period of learning. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(7) SEXUAL ORIENTATION.—The term ‘‘sexual 
orientation’’ means an individual’s actual or per-
ceived romantic, physical or sexual attraction to 
other individuals, or lack thereof, on the basis of 
gender. 
(8) TRANSGENDER
INDIVIDUAL.—The term 
‘‘transgender individual’’ means an individual whose 
gender identity or behavior does not conform to that 
typically associated with the biological sex of the in-
dividual. 
(9) 
TRANSGENDER
STUDIES.—The 
term 
‘‘transgender 
studies’’ 
means 
the 
study 
of 
transgender individuals. 
Æ 
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