Protecting Students from Sexually Explicit Materials Act

This Act may be cited as the Protecting Students from Sexually Explicit Materials Act .

Congress finds the following: (1) Parents entrust the Nation’s elementary and secondary schools to give their children a rigorous education and a grounding in the history and founding principles of the United States. (2) Parents across the Nation have raised concerns that some schools present contested ideological concepts to students as settled fact, while limiting parents’ ability to review curriculum and instructional materials. (3) The Supreme Court has long recognized the liberty of parents to direct the upbringing and education of their children, including in Meyer v. Nebraska, 262 U.S. 390 (1923), Pierce v. Society of Sisters, 268 U.S. 510 (1925), and Troxel v. Granville, 530 U.S. 57 (2000). (4) On January 29, 2025, the President issued Executive Order 14190, entitled Ending Radical Indoctrination in K–12 Schooling (90 Fed. Reg. 8853). (5) Executive Order 14190 requires that it be implemented consistent with applicable law and subject to the availability of appropriations.

(a) Amendment. Section 445 of the General Education Provisions Act ( 20 U.S.C. 1232h ) is amended by adding at the end the following: (e) Prohibition on federal funding for sexually explicit instructional materials (1) In general No funds made available under any applicable program may be used by a State educational agency or local educational agency to purchase, develop, distribute, or provide instructional materials containing sexually explicit content to students in kindergarten through grade 12. (2) Definition For purposes of this subsection, the term sexually explicit content means written, visual, or digital material that contains graphic descriptions or depictions of sexual acts, excluding material used for legitimate instruction in human anatomy, health, or biological science that is age-appropriate and consistent with applicable State educational standards. (3) Parental rights A local educational agency receiving Federal funds shall maintain procedures allowing parents or legal guardians to inspect instructional materials made available to their children. (4) Enforcement The Secretary of Education shall ensure compliance with this subsection as a condition of the use of funds under an applicable program, consistent with applicable Federal law. (5) Rule of construction Nothing in this subsection shall be construed to authorize the Secretary of Education to establish a national curriculum or to supersede State or local authority over educational standards and instructional materials. .

It is the policy of the United States to protect parental rights and ensure responsible use of Federal education funds, consistent with the objectives of Executive Order 14190, entitled Ending Radical Indoctrination in K–12 Schooling , issued on January 29, 2025.

The amendments made by this Act shall take effect beginning with the first full fiscal year following the date of enactment.