Bills of Congress by U.S. Congress

H.R.2616 - Parental Rights Over The Education and Care of Their Kids Act; PROTECT Kids Act (119th Congress)

Summary

H.R.2616, also known as the PROTECT Kids Act, aims to require public elementary and middle schools to obtain parental consent before changing a minor's gender markers, pronouns, or preferred name on school forms or sex-based accommodations. This requirement applies to schools receiving funds under the Elementary and Secondary Education Act of 1965. The bill defines 'covered student' as a minor in elementary or middle school.

Expected Effects

The bill's enactment would mean schools risk losing federal funding if they don't adhere to the parental consent requirement. This could lead to changes in school policies regarding student gender identity and expression. It may also lead to legal challenges regarding student rights and school autonomy.

Potential Benefits

  • Reinforces parental rights in education and care of their children.
  • Provides parents with greater control over decisions related to their child's gender identity within the school environment.
  • May prevent potential conflicts between school policies and parental beliefs or values.
  • Could lead to increased transparency and communication between schools and parents on sensitive issues.
  • Addresses concerns about the influence of schools on a child's developing sense of self.

Potential Disadvantages

  • May negatively impact transgender and gender non-conforming students by creating a less inclusive and accepting school environment.
  • Could lead to increased stigmatization and discrimination against transgender students.
  • May place an undue burden on schools to navigate complex and evolving issues related to gender identity.
  • Could create legal challenges related to student rights and equal protection under the law.
  • May undermine the ability of schools to provide support and resources to students who are questioning their gender identity.

Constitutional Alignment

The bill's constitutional alignment is complex. While proponents may argue it aligns with parental rights, opponents could argue it infringes upon the rights of transgender students, potentially violating the Equal Protection Clause of the Fourteenth Amendment. The bill also touches on the balance of power between the federal government and state/local control over education, as outlined in the Tenth Amendment.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).