Sec. 3. Requirements of Parental Consent
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In this section: The term elementary school and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term female, when used to refer to a natural person, means an individual who naturally has, had, will have, or would have, but for a congenital anomaly, historical accident, or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.
The term male, when used to refer to a natural person, means an individual who naturally has, had, will have, or would have, but for a congenital anomaly, historical accident, or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. The term sex, when referring to the sex of an individual, means to refer to either male or female, as biologically determined. The term designated violation means an actual or threatened violation of this section.
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 sex, and may be accompanied with social, legal, or physical changes. The term governmental entity, means a school district, a local educational agency, a school board, or any agency or other governmental unit or subdivision of a State responsible for education, or of such a local government.
The term qualified party means— The Attorney General of the United States; or Any parent or legal guardian adversely affected by the designated violation. No Federal funds shall be made available to any elementary school or secondary school unless the elementary school or secondary school, with respect to students enrolled at the school who have not yet reached 18 years of age, complies with each of the following requirements: School employees do not proceed with any accommodation intended to affirm a student's purported identity that is incongruent with the student's sex, or any action to facilitate or otherwise aid and abet a minor in adopting such an identity, including referral or recommendation to any third-party medical provider for a gender transition procedure, unless the employees have received express parental consent to do so.
School employees do not facilitate, encourage, or coerce students to withhold information from their parents regarding the student's purported identity when it is incongruent with the student's sex. School employees do not withhold or hide information from parents about a student's discomfort with their sex, their desire for an identity that is incongruent with their sex, their profession of an identity that is incongruent with their sex, or their desire to undergo a gender transition procedure.
School employees do not encourage, pressure, or coerce the parents of students, or students themselves, to proceed with any intervention to affirm the student's adoption of an identity that is incongruent with their sex. Nothing in this section shall be construed— 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 abuse, as defined in section 1169 of title 18, United States Code; or to deprive any parent of the right to be involved in a child's actions or discussions about gender transition, without the due process of law.
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— 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 family; and to ensure that— 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 students; and each such policy is clearly and publicly posted on the website of the school.
A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedy. 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 school.
In an action under this section, the court shall grant— all appropriate relief, including injunctive relief and declaratory relief; to a prevailing plaintiff, reasonable attorney's fees and litigation costs; and 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 providers. If a defendant in a civil action under this subsection prevails and the court finds that the suit brought by the plaintiff was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff.
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Sec. 3
Requirements of Parental Consent
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