Parental Rights Over The Education and Care of Their Kids Act; PROTECT Kids Act
Summary
The Parental Rights Over The Education and Care of Their Kids Act, or PROTECT Kids Act (H.R. 2616), aims to require public elementary and middle schools receiving federal funds under the Elementary and Secondary Education Act of 1965 to obtain parental consent before changing a minor's gender markers, pronouns, or preferred name on any school form or sex-based accommodations. The bill was introduced in the House of Representatives on April 3, 2025, and reported with an amendment on January 13, 2026.
The bill defines 'covered student' as a minor in elementary or middle school. It specifies that schools must seek parental consent for changes related to gender identity on school forms and in sex-based accommodations like locker rooms and bathrooms.
The Act seeks to reinforce parental rights in education, particularly concerning gender identity-related decisions for minors in schools.
Expected Effects
If enacted, the PROTECT Kids Act would mandate that public schools adhere to parental consent requirements regarding gender-related changes for students. This could lead to increased parental involvement in decisions about a child's gender identity within the school environment.
Schools might need to develop new procedures for obtaining and documenting parental consent. This could also potentially impact the experiences of transgender and gender non-conforming students.
Potential Benefits
- Reinforces parental rights and involvement in children's education.
- Provides parents with greater control over decisions related to their child's gender identity at school.
- May foster more open communication between parents and schools on sensitive issues.
- Could lead to policies that are more aligned with the values of the community.
- Potentially reduces legal challenges related to parental rights in education.
Most Benefited Areas:
Potential Disadvantages
- May negatively impact transgender and gender non-conforming students by requiring parental consent for changes that affirm their identity.
- Could create a hostile or unwelcoming environment for students whose gender identity is not supported at home.
- Places an additional administrative burden on schools to obtain and track parental consent.
- May lead to conflicts between students, parents, and school administrators.
- Potentially infringes on the rights and autonomy of transgender and gender non-conforming students.
Constitutional Alignment
The bill's constitutionality is debatable. Proponents might argue it aligns with the concept of parental rights, though these rights are not explicitly enumerated in the Constitution. Opponents could argue that it infringes upon the rights of transgender and gender non-conforming students, potentially violating the Equal Protection Clause of the Fourteenth Amendment.
The Tenth Amendment reserves powers not delegated to the federal government to the states or the people. Education is traditionally a state and local matter, but the bill leverages federal funding to influence local policy.
The First Amendment's guarantee of freedom of speech could be invoked, arguing that dictating pronoun usage infringes upon this right. However, the bill focuses on school forms and accommodations, potentially distinguishing it from broader speech restrictions.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).