Protecting Students from Sexually Explicit Materials Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10868 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10868

 To amend the General Education Provisions Act to prohibit the use of 
 Federal education funds for sexually explicit instructional materials 
    in elementary and secondary schools, consistent with the policy 
      objectives of Executive Order 14190, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 22, 2026

  Mr. Fuller introduced the following bill; which was referred to the 
                  Committee on Education and Workforce

_______________________________________________________________________

                                 A BILL

 
 To amend the General Education Provisions Act to prohibit the use of 
 Federal education funds for sexually explicit instructional materials 
    in elementary and secondary schools, consistent with the policy 
      objectives of Executive Order 14190, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    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.

SEC. 3. PROHIBITION ON FEDERAL FUNDING FOR SEXUALLY EXPLICIT 
              INSTRUCTIONAL MATERIALS.

    (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.''.

SEC. 4. CONSISTENCY WITH EXECUTIVE ORDER 14190.

    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.

SEC. 5. EFFECTIVE DATE.

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