PROTECT Kids Act Ties School Funding to Parental Consent for Student Pronoun and Bathroom Changes

The “Parental Rights Over The Education and Care of Their Kids Act,” or the PROTECT Kids Act, introduces a strict new requirement for public schools that rely on federal funding from the Elementary and Secondary Education Act (ESEA). Simply put, if a school wants to keep that federal money, they must get explicit permission from a parent before making any changes related to a student’s gender identity in records or accommodations.

This rule applies specifically to elementary and middle school students. The bill states that schools cannot change a student’s gender marker, the pronouns they use, or their preferred name on any school form without parental consent. Furthermore, schools must also get a parent’s sign-off before making any changes regarding sex-based facilities, which means access to specific locker rooms or bathrooms (SEC. 2).

The Fine Print: What This Means for Records and Facilities

For parents, this bill guarantees they will be in the loop—and have final say—before the school formally recognizes a change in their child’s gender identity or preferred name. If a 7th grader asks their teacher to use a different name or pronouns, the school cannot update official records or forms until the parent says yes. This gives parents total control over how their child is formally identified at school, ensuring that the school’s records align with the parents’ understanding and wishes.

However, this provision also means that for students whose gender identity differs from the one assigned at birth, the school cannot affirm their identity in records without potentially outing them to non-affirming parents. For a student who may not be safe or supported at home, this effectively forces the school to prioritize parental notification over the student's request for affirmation or privacy, potentially leading to misgendering or emotional distress at school.

The Federal Funding Lever

This legislation uses the heavy weight of the ESEA funding to enforce compliance. Schools are already juggling budget constraints, and losing ESEA funds—which often support crucial programs like special education and resources for low-income students—is a massive threat. This means school districts have little choice but to comply with the new parental consent requirements regarding names, pronouns, and facility access for elementary and middle school students. The compliance burden is now on the district: if they mess up or fail to get the required consent, they risk losing a significant chunk of their budget.

Real-World Friction: School Staff vs. Student Well-being

For teachers and school counselors, this bill creates a difficult position. If a student confides in a trusted adult at school about their identity, that staff member is now legally restricted from affirming the student’s identity in school records or facilitating access to certain facilities without first involving the parents. This could undermine the trust between students and school staff, especially for vulnerable kids who rely on the school environment for support and safety. While the bill’s intent is to reinforce parental rights, the practical effect is to limit the school’s ability to use its professional judgment to support a student’s immediate mental health needs if those needs conflict with the parents’ views.