Section 1 Short title
This Act may be cited as the “Keep our Kids Safe Act of 2023”.
Keep our Kids Safe Act of 2023
A BILL
To prohibit public elementary and secondary schools that receive Federal education funds from hosting or facilitating the hosting of sexualized performances, and for other purposes.
Sec. 2 Prohibition on use of Federal funds for certain activities in public schools
Prohibition on funding for sexualized performances— A public elementary or secondary school that receives funds under an applicable program shall not host or facilitate the hosting of sexualized performances.
Age and developmentally appropriate education— A public elementary or secondary school that receives funds under an applicable program may not use such funds for classroom instruction that is—
provided by school personnel or a third party;
for students in pre-kindergarten through grade 12;
related to human sexuality, human sexual behavior and its consequences, or other sexual matters for any educational, social, or other purpose; and
in a manner that is not age or developmentally appropriate for such students.
Definitions— In this section:
Age or developmentally appropriate— The term age or developmentally appropriate has the meaning given such term in section 475(11)(A) of the Social Security Act (42 U.S.C. 675(11)(A)).
Applicable program— The term applicable program has the meaning given such term in section 400(c) of the General Education Provisions Act (20 U.S.C. 1221(c)).
ESEA terms— The terms elementary school and secondary school have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Sexualized performance— The term sexualized performance means a performance—
in which 1 or more individuals—
uses clothing, lack of clothing, make-up, or other accessories to accentuate secondary sexual characteristics; or
reads aloud, sings, lip-synchs, dances, strips, impersonates the opposite sex, simulates sexual activities, performs actual sexual activities, or otherwise performs before an audience of at least 1 individual for entertainment or educational purposes, whether performed for payment or not; and
that is intended to appeal to the prurient interest.
Third party— The term third party means a business or entity that enters into a contract with a local educational agency or public elementary or secondary school for purposes of providing classroom instruction.