Empower Parents to Protect their Kids Act
This bill, titled the Empower Parents to Protect their Kids Act, would condition federal funding to elementary and secondary schools on obtaining express parental consent before any action that affirms a student’s gender identity or facilitates a gender transition for students under 18. It would prohibit schools from proceeding with identity-affirming accommodations, referrals for gender-transition procedures, or withholding information from parents about a student’s discomfort with their sex or pursuit of a gender transition, unless parental consent has been obtained. The bill also requires schools to provide and publicly post policies to ensure parental involvement, and it creates civil-legal avenues for parents or other qualified parties to challenge violations, potentially including remedies such as injunctive relief, legal fees, and payment for treatments to repair harm related to a gender-transition pursuit. The act defines several terms (e.g., gender transition, sex, female, male) and assigns enforcement and reporting duties to federal agencies. In short, the bill would make parental consent a prerequisite for school actions related to gender identity or transition and would empower parents through reporting, policy disclosure, and civil action mechanisms—while linking continued federal funding to compliance.
Key Points
- 1Parental consent requirement for gender-identity actions
- 2- Schools receiving federal funds may not affirm a student’s identified gender or refer a minor to a gender-transition provider without express parental consent; cannot aid in adopting an incongruent identity without such consent.
- 3Information sharing and parental involvement
- 4- Schools may not withhold information from parents about a student’s gender identity concerns, identity, or desire to undergo a gender transition; schools may not pressure or coerce parents or students to pursue interventions.
- 5Federal funding and policy disclosure
- 6- Federal funds to a school depend on compliance; agencies must require States/locals to describe steps to ensure compliance and preserve family authority, ensure policies are provided to the agency and families, and publicly post policies on the school website.
- 7Civil actions and remedies
- 8- Qualified parties (including a parent or the U.S. Attorney General) can sue for designated violations; relief may include injunctive and declaratory relief, attorneys’ fees, and payment for treatments deemed necessary by parents/medical providers to repair harm from pursuing gender transition.
- 9- Administrative remedies need not be exhausted; actions can be brought against schools or governmental entities receiving federal funds.
- 10Definitions and scope
- 11- Defines gender transition, sex, female, male, and other terms; applies to “elementary school” and “secondary school” as defined under the Elementary and Secondary Education Act; creates the concept of a “designated violation” and “qualified party.”