H.R. 5116: Empower Parents to Protect their Kids Act

This bill, named the Empower Parents to Protect their Kids Act, aims to require elementary and secondary schools that receive federal funding to obtain consent from parents before facilitating any form of gender transition for students under the age of 18. The key provisions of the bill are as follows:

Parental Consent Requirements

• Schools must obtain explicit parental consent before affirming or supporting a student's gender identity that does not align with their biological sex.
• School employees cannot encourage, coerce, or facilitate students in hiding information about their gender identity from their parents.
• Schools are prohibited from withholding information from parents about a student's feelings regarding their sex or gender identity.
• There is a ban on coercing or pressuring parents or students into pursuing interventions related to gender identity.

Definitions and Clarity

The bill provides specific definitions for terms such as "male," "female," "gender transition," and "governmental entity," ensuring clarity in its application. It defines:

• Male and Female in terms of biological reproductive systems.
• Gender transition as a process through which an individual changes their identity to one that does not correspond with their biological sex, which may involve social, legal, or physical changes.

Compliance and Oversight

Federal agencies must require that any state or local educational agency applying for federal funding describe how they will comply with these parental consent requirements. This includes:

• Providing written policies to both federal agencies and families.
• Publicly posting compliance policies on school websites.

Civil Action Provisions

The bill allows for civil actions to be brought against schools that violate these parental consent rules. A qualified party, such as affected parents or the Attorney General, can seek relief through the court system. In case of legal action, provisions include:

• Injunctive and declaratory relief.
• Financial compensation for legal fees to the prevailing party, if the other party's case is deemed frivolous.
• Covering costs for necessary medical treatments or therapies related to the consequences of undesired gender transition pursuits.

Limitations on Misinterpretation

There are specific clarifications in the bill intended to ensure that it does not prevent school employees from reporting imminent threats to a student's safety, nor does it impede parental involvement in their child's discussions about gender transition beyond the consent requirements.

Findings Highlighted by Congress

The bill cites various concerns regarding the current practices in school districts that allegedly withhold information from parents concerning their children’s gender identities and transitions, claiming that these practices not only violate parental rights but could also have serious psychological impacts on children.

Relevant Companies

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