No Obscene Teaching in Our Schools Act of 2023 or the NOT in Our Schools Act of 2023

This bill prohibits an elementary or secondary school from receiving federal funds if the school is in violation of any law of the state in which the school is located that is related to materials that are harmful to minors.

Further, the bill requires a state educational agency to either (1) return the federal funds that were dedicated to the school in violation of such state law; or (2) create and carry out, at the request of parents or legal guardians of eligible children, a 529 education savings plan account program (also known as a qualified tuition program).

The bill allows tax-exempt distributions from these 529 plans to be used for additional educational expenses (e.g., curriculum, books, and testing fees) in connection with enrollment or attendance at an elementary or secondary school. Distributions may also be used for tuition and additional expenses in connection with a homeschool (whether treated as a homeschool or a private school under state law).