I 
118TH CONGRESS 
1ST SESSION H. R. 5303 
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. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 29, 2023 
Mr. GREEN of Tennessee introduced the following bill; which was referred to 
the Committee on Ways and Means, and in addition to the Committee 
on Education and the Workforce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
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. 
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 ‘‘No Obscene Teaching 
in Our Schools Act of 2023’’ or the ‘‘NOT in Our Schools 
Act of 2023’’. 
VerDate Sep 11 2014 
02:08 Aug 30, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5303.IH
H5303
kjohnson on DSK79L0C42PROD with BILLS
SEC. 
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 Fed-
eral 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’’ 
means a qualified tuition program (as defined in sec-
tion 529(b)(1)(A) of the Internal Revenue Code of 
1986). 
(2) ELIGIBLE
CHILD.—The term ‘‘eligible 
child’’ means a child who attends, or otherwise 
would be attending, an elementary school or sec-
VerDate Sep 11 2014 
02:08 Aug 30, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5303.IH
H5303
kjohnson on DSK79L0C42PROD with BILLS
ondary school that receives (or is eligible to receive) 
Federal funds and is determined to be in violation 
of any law of the State in which the school is located 
that is related to materials that are harmful to mi-
nors. 
(3) HOME SCHOOL.—The term ‘‘home school’’ 
means a home school as defined by the laws of the 
State in which the eligible child resides. 
SEC. 3. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND AD-
DITIONAL ELEMENTARY AND SECONDARY EX-
PENSES. 
(a) IN GENERAL.—Section 529(c)(7) of the Internal 
Revenue Code of 1986 is amended to read as follows: 
‘‘(7) TREATMENT OF ELEMENTARY AND SEC-
ONDARY TUITION AND RESOURCES.—Any reference 
in this section to the term ‘qualified higher edu-
cation expense’ shall include a reference to the fol-
lowing expenses in connection with enrollment or at-
tendance at, or for students enrolled at or attending, 
an elementary or secondary public, private, or reli-
gious school: 
‘‘(A) Tuition. 
‘‘(B) Curriculum and curricular materials. 
‘‘(C) Books or other instructional mate-
rials. 
VerDate Sep 11 2014 
02:08 Aug 30, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5303.IH
H5303
kjohnson on DSK79L0C42PROD with BILLS
‘‘(D) Online educational materials. 
‘‘(E) Tuition for tutoring or educational 
classes outside of the home, including at a tu-
toring facility, but only if the tutor or instruc-
tor is not related to the student. 
‘‘(F) Fees for a nationally standardized 
norm-referenced achievement test, an advanced 
placement examination, or any examinations re-
lated to college or university admission. 
‘‘(G) Fees for dual enrollment in an insti-
tution of higher education. 
‘‘(H) Educational therapies for students 
with disabilities provided by a licensed or ac-
credited practitioner or provider, including oc-
cupational, behavioral, physical, and speech-lan-
guage therapies. 
Such term shall include expenses for the purposes 
described in subparagraphs (A) through (H) in con-
nection with a homeschool (whether treated as a 
homeschool or a private school for purposes of appli-
cable 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. 
VerDate Sep 11 2014 
02:08 Aug 30, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5303.IH
H5303
kjohnson on DSK79L0C42PROD with BILLS
SEC. 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 pro-
gram under this Act, and the use of the Federal funds 
for qualified expenses. 
Æ 
VerDate Sep 11 2014 
02:08 Aug 30, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5303.IH
H5303
kjohnson on DSK79L0C42PROD with BILLS