PolicyBrief
H.R. 2616
119th CongressApr 9th 2025
Parental Rights Over The Education and Care of Their Kids Act
AWAITING HOUSE

The "PROTECT Kids Act" mandates parental consent for schools to alter a student's gender markers, pronouns, or sex-based accommodations.

Tim Walberg
R

Tim Walberg

Representative

MI-5

LEGISLATION

PROTECT Kids Act Mandates Parental Consent for Pronouns, Names in Elementary/Middle Schools

This bill, officially the "Parental Rights Over The Education and Care of Their Kids Act" (or PROTECT Kids Act), introduces a new rule for public elementary and middle schools that receive federal funding. It requires these schools to get written parental consent before they can change a student's gender markers, preferred pronouns, or preferred name on any official school forms or records.

The Consent Requirement: Names, Pronouns, and More

At its core, Section 2 of the bill puts parents in the driver's seat regarding how their elementary or middle school child is identified at school concerning gender. If a student wants to use a different name or pronoun than assigned at birth, or update their gender marker on school documents, the school must first obtain explicit permission from a parent. This isn't just about paperwork; the requirement extends to practical matters as well.

Access Under Lock and Key: Bathrooms and Facilities

The parental consent rule also applies to accessing sex-based accommodations. This means things like bathrooms, locker rooms, or other facilities typically separated by sex. Under this bill, an elementary or middle school student needing access to facilities aligning with their gender identity, if different from their sex assigned at birth, would require parental consent before the school can grant that access.

Real-World Ripple Effects: Students, Families, and Schools

This legislation directly impacts students navigating their gender identity, particularly those in elementary and middle school. For transgender or gender non-conforming students, especially those who might not have supportive home environments, this requirement could create significant hurdles. If parental consent isn't granted, these students might face situations where school staff are required to use incorrect names or pronouns, potentially creating a distressing or hostile school environment. While the bill centers on parental rights, its implementation could place vulnerable students in a difficult position between their identity and school policy. Schools, in turn, will need to develop procedures for obtaining, tracking, and managing this consent, potentially adding administrative complexity and navigating sensitive family dynamics.