,,ii #aaith ,,congress #ast ,session ,s4 #bgjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #c1 #bjbe ,mr4 ,banks introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to require local educational agencies1 ,state educational agencies1 and other governmental education entities to respect the rights of parents regarding gender transition1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,empower ,parents to ,protect their ,kids ,act of #bjbe4 #b4 ,findings ,congress finds the following3 7#a7 ,school districts across the country have violated parental and familial rights by encouraging or instructing staff to deceive or withhold information from parents if their child expresses discomfort with their sex or is seeking to socially or physically adopt an identity that is incongruent with their sex4 ,without parental knowledge or consent1 schools have changed the names and pronouns of children in school1 provided or allowed students to bring clothes typically worn by the opposite sex for students to change into once they arrive at school1 and even allowed children to change which sex-segregated facilities they use1 such as rest rooms1 locker rooms1 and dormitories or other housing for overnight field trips4 7#b7 ,this is often being done pursuant to a gender transition plan that is nearly always kept secret from parents4 ,in fact1 these school districts have kept a second set of student records that are unknown to the parents4 ,powerful teachers unions and activist organizations have pressured more schools to adopt policies to enable and encourage children1 of any age1 to adopt an identity that is incongruent with their sex and be treated accordingly at school without parental notice or consent4 7#c7 ,contrary to the unfounded assertions of activists1 the social aspects of adopting an identity that is incongruent with an individual's sex are not neutral or uncontroversial4 ,this is experimental and has immediate effects on a child's psychology and dramatically increases the statistical likelihood that a child will go on to take puberty blocking or suppressing drugs and wrong-sex hormones4 ,additionally1 it makes it more difficult for a child to reverse course later1 thereby increasing the likelihood that the child will continue the surgical elements of adopting an identity that is incongruent with one's sex1 resulting in life-changing1 irreversible consequences4 7#d7 ,any policies that attempt to circumvent parental authority are a violation of parents' constitutionally protected rights to direct the care1 custody1 and upbringing of their children as recognized by the ,supreme ,court4 ,further1 policies that withhold information from parents or ask children about intimate details of their family life violate ,federal statutes designed to uphold a parent's rights and duties in education4 ,school districts implementing such policies are misrepresenting or entirely ignoring these statutes and constitutional protections4 7#e7 ,on ,january #bi1 #bjbe1 ,president ,trump signed ,executive ,order #adaij 7#ij ,fed4 ,reg4 #hhec2 relating to ending radical indoctrination in ,k-#ab schooling7 to enforce the law to ensure that recipients of ,federal funds providing ,k-#ab education comply with all laws protecting parental rights4 7#f7 ,schools should never be allowed to intrude on family life by misleading or excluding parents and confusing children4 #c4 ,requirements of ,parental ,consent 7a7 ,definitions ,in this section3 7#a7 ,,esea ,definitions ,the term elementary school and secondary school have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,female ,the term female1 when used to refer to a natural person1 means an individual who naturally has1 had1 will have1 or would have1 but for a congenital anomaly1 historical accident1 or intentional or unintentional disruption1 the reproductive system that at some point produces1 transports1 and utilizes eggs for fertilization4 7#c7 ,male ,the term male1 when used to refer to a natural person1 means an individual who naturally has1 had1 will have1 or would have1 but for a congenital anomaly1 historical accident1 or intentional or unintentional disruption1 the reproductive system that at some point produces1 transports1 and utilizes sperm for fertilization4 7#d7 ,sex ,the term sex1 when referring to the sex of an individual1 means to refer to either male or female1 as biologically determined4 7#e7 ,designated ,violation ,the term designated violation means an actual or threatened violation of this section4 7#f7 ,gender transition ,the term gender transition means the process in which an individual goes from identifying with or presenting a self-proclaimed identity that does not correspond with or is different from his or her sex1 and may be accompanied with social1 legal1 or physical changes4 7#g7 ,governmental ,entity ,the term governmental entity1 means a school district1 a local educational agency1 a school board1 or any agency or other governmental unit or subdivision of a ,state responsible for education1 or of such a local government4 7#h7 ,qualified ,party ,the term qualified party means-- 7,a7 ,the ,attorney ,general of the ,united ,states2 or 7,b7 ,any parent or legal guardian adversely affected by the designated violation4 7b7 ,in general ,no ,federal funds shall be made available to any elementary school or secondary school unless the elementary school or secondary school1 with respect to students enrolled at the school who have not yet reached #ah years of age1 complies with each of the following requirements3 7#a7 ,school employees do not proceed with any accommodation intended to affirm a student's purported identity that is incongruent with the student's sex1 or any action to facilitate or otherwise aid and abet a minor in adopting such an identity1 including referral or recommendation to any third-party medical provider for a gender transition procedure1 unless the employees have received express parental consent to do so4 7#b7 ,school employees do not facilitate1 encourage1 or coerce students to withhold information from their parents regarding the student's purported identity when it is incongruent with the student's sex4 7#c7 ,school employees do not withhold or hide information from parents about a student's discomfort with their sex1 their desire for an identity that is incongruent with their sex1 their profession of an identity that is incongruent with their sex1 or their desire to undergo a gender transition procedure4 7#d7 ,school employees do not encourage1 pressure1 or coerce the parents of students1 or students themselves1 to proceed with any intervention to affirm the student's adoption of an identity that is incongruent with their sex4 7c7 ,rules of ,construction ,nothing in this section shall be construed-- 7#a7 to prevent a school employee from contacting appropriate legal authorities about an imminent threat to a student's physical safety in the event that the school employee knows or has a reasonable suspicion that the student is at risk of abuse1 as defined in section #aafi of title #ah1 ,united ,states ,code2 or 7#b7 to deprive any parent of the right to be involved in a child's actions or discussions about gender transition1 without the due process of law4 7d7 ,ensuring ,compliance ,the head of each ,federal agency shall require each application for ,federal assistance submitted by a ,state educational agency or local educational agency to the head of such ,federal agency-- 7#a7 to describe the steps that each elementary school and secondary school served by the ,state educational agency or local educational agency proposes to take to ensure compliance with the requirements under this section and how these steps preserve and protect the authority of the family2 and 7#b7 to ensure that-- 7,a7 a copy of the written policy that each elementary school and secondary school served by the ,state educational agency or local educational agency has to ensure compliance with the requirements under this section is provided to the head of such ,federal agency and to the families of enrolled students2 and 7,b7 each such policy is clearly and publicly posted on the website of the school4 7e7 ,civil ,action for ,certain ,violations 7#a7 ,in ,general ,a qualified party may1 in a civil action1 obtain appropriate relief with regard to a designated violation4 7#b7 ,administrative ,remedies ,not ,required ,an action under this section may be commenced1 and relief may be granted1 without regard to whether the party commencing the action has sought or exhausted any available administrative remedy4 7#c7 ,defendants in ,actions ,under ,this ,section ,may ,include ,governmental ,entities as ,well as ,others ,an action under this section may be brought against any elementary school or secondary school receiving ,federal financial assistance or any governmental entity assisting an elementary school or secondary school4 7#d7 ,nature of ,relief ,in an action under this section1 the court shall grant-- 7,a7 all appropriate relief1 including injunctive relief and declaratory relief2 7,b7 to a prevailing plaintiff1 reasonable attorney's fees and litigation costs2 and 7,c7 payment for treatments or therapy to repair harm to the child from pursuit of gender transition determined as necessary by the parent and the child's medical providers4 7#e7 ,attorney ,fees for ,defendant ,if a defendant in a civil action under this subsection prevails and the court finds that the suit brought by the plaintiff was frivolous1 the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff4