Protecting Students from Sexually Explicit Materials Act

(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.