Schools’ federal funding would depend on parental consent for minors’ gender transition support

School employees would need express parental consent before helping a student pursue a gender transition. This covers enrolled students under 18, including school accommodations and medical referrals supporting a gender identity different from their sex, defined as biologically male or female. Schools would have to comply to receive any federal funds. State and local education agencies applying for federal assistance would have to describe compliance steps and ensure schools share written policies with the federal agency and families and post them online.

School employees could not hide students’ gender-related information from parents or encourage transition. These funding conditions cover enrolled students under 18 and information about discomfort with their sex, a different gender identity, or a desire to transition. Employees could not help or encourage students to keep this information from parents or encourage, pressure, or coerce students or parents toward transition. Staff could contact legal authorities about an imminent physical safety threat when they know or reasonably suspect a risk of physical abuse.

Adversely affected parents or legal guardians and the U.S. attorney general could sue over actual or threatened violations. Lawsuits could target federally assisted elementary and secondary schools or government bodies assisting schools. People bringing lawsuits would not have to use an agency complaint process first. Courts would grant appropriate orders and award winning plaintiffs reasonable attorney fees and litigation costs. Treatment payments would cover harm from pursuing gender transition, with treatment deemed necessary by the parent and the child’s medical providers. A winning defendant would receive reasonable attorney fees if the court finds the lawsuit frivolous.