IB
Union Calendar No. 4
118THCONGRESS
1
STSESSION H. R. 5
[Report No. 118–9]
To ensure the rights of parents are honored and protected in the Nation’s
public schools.
IN THE HOUSE OF REPRESENTATIVES
MARCH1, 2023
Ms. L
ETLOW(for herself, Mr. SCALISE, Mr. EMMER, Ms. STEFANIK, Mr.
J
OHNSONof Louisiana, Mr. HUDSON, Ms. FOXX, Mrs. MILLERof Illi-
nois, Mr. F
ITZGERALD, Mr. WILSONof South Carolina, Mr. THOMPSON
of Pennsylvania, Mr. G
ROTHMAN, Mr. ALLEN, Mr. BANKS, Mr.
S
MUCKER, Mr. OWENS, Mrs. STEEL, Mr. BEANof Florida, Mr. WIL-
LIAMSof New York, Mrs. HOUCHIN, Mr. RESCHENTHALER, Mr.
M
OOLENAAR, Mr. NEWHOUSE, Mrs. MILLER-MEEKS, Mr. BUCHANAN,
Mr. H
IGGINSof Louisiana, Mr. FINSTAD, Ms. TENNEY, Mr.
D
ESJARLAIS, Mr. FALLON, Mr. KELLYof Pennsylvania, Mr. EDWARDS,
Mr. T
IFFANY, Mr. CARL, Mr. CALVERT, Mr. VALADAO, Mrs. HINSON,
Mr. N
ORMAN, Mr. BOST, Mr. MEUSER, Mr. WALTZ, Mr. KUSTOFF, Mr.
M
IKEGARCIAof California, Mr. GUTHRIE, Ms. MACE, Mr. STEIL, Mr.
W
ENSTRUP, Mr. RUTHERFORD, Mr. GRAVESof Louisiana, Mrs. ROD-
GERSof Washington, Mr. DUNCAN, Mr. MILLERof Ohio, Mr. MCCLIN-
TOCK, Mr. CRENSHAW, Mr. MOONEY, Mr. GOODENof Texas, Mr.
G
IMENEZ, Mrs. HARSHBARGER, Mr. GUEST, Mr. TONYGONZALESof
Texas, Mr. H
UIZENGA, Mrs. LUNA, Mr. BALDERSON, Mr. WITTMAN, Mr.
R
OUZER, Mr. CRAWFORD, Mr. EZELL, Mr. CAREY, Mrs. CAMMACK, Mr.
Z
INKE, Mr. MCCAUL, Mr. JOYCEof Pennsylvania, and Mr. HERN) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce
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MARCH14, 2023
Additional sponsors: Mr. E
LLZEY, Ms. HAGEMAN, Mr. LAWLER, Mr. LAM-
BORN, Mr. ESTES, Ms. LEEof Florida, Mr. STEUBE, Mr. VANDREW,
Mr. F
EENSTRA, Mr. DIAZ-BALART, Mr. WILLIAMSof Texas, Mr.
D’E
SPOSITO, Mr. MANN, Mr. LAHOOD, Ms. GREENEof Georgia, Mr.
S
MITHof New Jersey, Mrs. CHAVEZ-DEREMER, Ms. MALLIOTAKIS, Mr.
L
ANGWORTHY, Mr. BUCSHON, Mr. LATURNER, Mr. ADERHOLT, Mr.
F
ERGUSON, Mr. POSEY, Mr. NEHLS, Mr. AMODEI, Mrs. FISCHBACH,
Mrs. B
ICE, Mr. LAMALFA, Mr. CARTERof Georgia, Mr. BAIRD, Mr.
M
ORAN, Mr. OGLES, Mr. C. SCOTTFRANKLINof Florida, Mr.
M
OLINARO, Mr. BABIN, Mr. SANTOS, Mr. WALBERG, Mr. KELLYof Mis-
sissippi, Mr. G
REENof Tennessee, Mr. CLINE, Mrs. BOEBERT, Mr.
N
UNNof Iowa, Mr. STAUBER, Mr. BURGESS, Mr. VANORDEN, Mr.
J
OHNSONof South Dakota, Mrs. LESKO, Mr. HUNT, and Mr. JACKSON
of Texas
M
ARCH14, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 1, 2023]
A BILL
To ensure the rights of parents are honored and protected
in the Nation’s public schools.
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Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Parents Bill of Rights 4
Act’’. 5
TITLE I—AMENDMENTS TO THE 6
ELEMENTARY AND SEC-7
ONDARY EDUCATION ACT OF 8
1965 9
SEC. 101. STATE PLAN ASSURANCES. 10
Section 1111(g)(2) of the Elementary and Secondary 11
Education Act of 1965 (20 U.S.C. 6311(g)(2)) is amend-12
ed— 13
(1) in subparagraph (M), by striking ‘‘and’’ at 14
the end; 15
(2) in subparagraph (N), by striking the period 16
at the end and inserting a semicolon; and 17
(3) by adding at the end the following: 18
‘‘(O) the State will ensure that each local 19
educational agency in the State— 20
‘‘(i) in a case in which the curriculum 21
for an elementary or secondary school grade 22
level is freely and publicly available on the 23
internet— 24
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‘‘(I) posts on a publicly accessible 1
website of the agency, such curriculum; 2
or 3
‘‘(II) if such agency does not oper-4
ate a website, widely disseminates to 5
the public such curriculum; or 6
‘‘(ii) in a case in which the curriculum 7
for an elementary or secondary school grade 8
level is not freely and publicly available on 9
the internet— 10
‘‘(I) posts on a publicly accessible 11
website of the agency— 12
‘‘(aa) a description of such 13
curriculum; and 14
‘‘(bb) information on how 15
parents can review such cur-16
riculum as described in section 17
1112(e)(1)(A); or 18
‘‘(II) if such agency does not oper-19
ate a website, widely disseminates to 20
the public the description and informa-21
tion described in items (aa) and (bb) of 22
subclause (I); and 23
‘‘(P) in the case of any revisions to the 24
State’s challenging State academic standards 25
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(including any revisions to the levels of achieve-1
ment within the State’s academic achievement 2
standards), the State educational agency will 3
post to the homepage of its website, and widely 4
disseminate to the public, notice of such revisions 5
and a copy of such revisions, except that the 6
State educational agency shall not be required to 7
submit such notice or such revisions to the Sec-8
retary.’’. 9
SEC. 102. ANNUAL LOCAL EDUCATIONAL AGENCY REPORT 10
CARDS. 11
Section 1111(h)(2) of the Elementary and Secondary 12
Education Act of 1965 (20 U.S.C. 6311(h)(2)) is amended 13
by inserting at the end the following new subparagraph: 14
‘‘(E) B
UDGET.—Each local educational 15
agency report card shall include the budget for 16
the school year for which such report card is 17
being prepared (including all revenues and ex-18
penditures (including expenditures made to pri-19
vate entities)) for the local educational agency as 20
a whole, and for each elementary school and sec-21
ondary school served by the local educational 22
agency. In addition to the detailed budget infor-23
mation required under the preceding sentence, 24
the agency shall include a separate fact sheet 25
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that summarizes such information in a clear 1
and easily understandable format.’’. 2
SEC. 103. LOCAL EDUCATIONAL AGENCY PLAN ASSUR-3
ANCES. 4
Section 1112(c) of the Elementary and Secondary 5
Education Act of 1965 (20 U.S.C. 6312(c)) is amended— 6
(1) in paragraph (6), by striking ‘‘and’’ at the 7
end; 8
(2) in paragraph (7), by striking the period at 9
the end and inserting a semicolon; and 10
(3) by adding at the end the following: 11
‘‘(8) meet the requirements described in section 12
1111(g)(2)(O); 13
‘‘(9) post on a publicly accessible website of the 14
local educational agency or, if the local educational 15
agency does not operate a website, widely disseminate 16
to the public, the plan for carrying out the parent 17
and family engagement described in section 1116 and 18
all policies and procedures that result from such en-19
gagement; 20
‘‘(10) ensure that each elementary school served 21
by the local educational agency notifies the parents of 22
any student enrolled at such school when the student 23
does not score as grade-level proficient in reading or 24
language arts at the end of the third grade based on 25
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the reading or language arts assessments administered 1
under section 1111(b)(2)(B)(v)(I)(aa) or another as-2
sessment administered to all third grade students by 3
such school; and 4
‘‘(11) ensure that each elementary school and sec-5
ondary school served by the local educational agency 6
provides to the parents of students enrolled at such 7
school, before a person speaks (in-person or virtually) 8
to such students in a class, school assembly, or any 9
other school-sponsored event, notice that includes the 10
name of the speaker and the name of the organization 11
or other entity being represented by the speaker.’’. 12
SEC. 104. PARENTS RIGHT-TO-KNOW. 13
Section 1112(e) of the Elementary and Secondary 14
Education Act of 1965 (20 U.S.C. 6312(e)) is amended— 15
(1) by redesignating paragraphs (1), (2), (3), 16
and (4) as paragraphs (2), (3), (4), and (6), respec-17
tively; 18
(2) by inserting before paragraph (2) (as so re-19
designated), the following: 20
‘‘(1) N
OTICE OF RIGHTS.—A local educational 21
agency receiving funds under this part shall ensure 22
that each elementary school and secondary school 23
served by such agency posts on a publicly accessible 24
website of the school or, if the school does not operate 25
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a website, widely disseminates to the public, a sum-1
mary notice of the right of parents to information 2
about their children’s education as required under 3
this Act, which shall be in an understandable format 4
for parents and include, at minimum— 5
‘‘(A) the right to review, and make copies 6
of, at no cost, the curriculum of their child’s 7
school; 8
‘‘(B) the right to know if the State alters the 9
State’s challenging State academic standards; 10
‘‘(C) the right to meet with each teacher of 11
their child not less than twice during each school 12
year in accordance with paragraph (5)(A); 13
‘‘(D) the right to review the budget, includ-14
ing all revenues and expenditures, of their child’s 15
school; 16
‘‘(E) the right to— 17
‘‘(i) a list of the books and other read-18
ing materials available in the library of 19
their child’s school; and 20
‘‘(ii) inspect such books or other read-21
ing materials; 22
‘‘(F) the right to information about all 23
schools in which their child can enroll, including 24
options for enrolling in or transferring to— 25
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‘‘(i) other schools served by the local 1
educational agency; 2
‘‘(ii) charter schools; and 3
‘‘(iii) schools served by a different local 4
educational agency in the State; 5
‘‘(G) the right to address the school board of 6
the local educational agency; 7
‘‘(H) the right to information about violent 8
activity in their child’s school; 9
‘‘(I) the right to information about any 10
plans to eliminate gifted and talented programs 11
in the child’s school; 12
‘‘(J) the right to review any professional de-13
velopment materials; 14
‘‘(K) the right to know if their child is not 15
grade-level proficient in reading or language arts 16
at the end of the third grade as described in sub-17
section (c)(10); 18
‘‘(L) the right to know if a school employee 19
or contractor acts to— 20
‘‘(i) change a minor child’s gender 21
markers, pronouns, or preferred name; or 22
‘‘(ii) allow a child to change the child’s 23
sex-based accommodations, including locker 24
rooms or bathrooms; 25
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‘‘(M) the right to know if— 1
‘‘(i) a school employee or contractor 2
acts to— 3
‘‘(I) treat, advise, or address the 4
cyberbullying of a student; 5
‘‘(II) treat, advise, or address the 6
bullying or hazing of a student; 7
‘‘(III) treat, advise, or address a 8
student’s mental health, suicidal idea-9
tion, or instances of self-harm; 10
‘‘(IV) treat, advise, or address a 11
specific threat to the safety of a stu-12
dent; 13
‘‘(V) treat, advise, or address the 14
possession or use of drugs and other 15
controlled substances; or 16
‘‘(VI) treat, advise, or address an 17
eating disorder; or 18
‘‘(ii) a child brings a weapon to school; 19
and 20
‘‘(N) the right to the notice described in sub-21
section (c)(11) before a person speaks (in-person 22
or virtually) to their child in a class, school as-23
sembly, or any other school-sponsored event.’’; 24
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(3) in paragraph (2)(B) (as redesignated by 1
paragraph (1))— 2
(A) by redesignating clause (i) and clause 3
(ii) as subclause (I) and subclause (II), respec-4
tively; 5
(B) by striking ‘‘(B) A
DDITIONAL INFORMA-6
TION.—’’ and inserting: 7
‘‘(B) A
DDITIONAL INFORMATION.— 8
‘‘(i) I
N GENERAL.—’’; and 9
(C) by adding at the end the following: 10
‘‘(ii) S
CHOOL LIBRARY.—A local edu-11
cational agency receiving funds under this 12
part shall ensure that each elementary 13
school and secondary school served by such 14
agency provides the parents of each child 15
who is a student in such school— 16
‘‘(I) at the beginning of each 17
school year, a list of books and other 18
reading materials available in the li-19
brary of such school; and 20
‘‘(II) the opportunity to inspect 21
such books and other reading mate-22
rials. 23
‘‘(iii) V
IOLENT ACTIVITY.—A local edu-24
cational agency receiving funds under this 25
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part shall ensure that each elementary 1
school and secondary school served by such 2
agency provides the parents of each child 3
who is a student in such school timely noti-4
fication of any violent activity occurring on 5
school grounds or at school-sponsored activi-6
ties in which one or more individuals suffer 7
injuries, except that such notification shall 8
not contain names or the grade level of any 9
students involved in the activity. 10
‘‘(iv) G
IFTED AND TALENTED PRO -11
GRAMS.—A local educational agency receiv-12
ing funds under this part shall ensure that 13
each elementary school and secondary school 14
served by such agency provides the parents 15
of each child who is a student in such school 16
timely notification of any plan to eliminate 17
gifted and talented programs in such 18
school.’’; and 19
(4) by inserting after paragraph (4) (as redesig-20
nated by paragraph (1)) the following: 21
‘‘(5) T
RANSPARENCY.—A local educational agen-22
cy receiving funds under this part shall provide the 23
parents of each child who is a student in an elemen-24
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tary school or secondary school served by such agen-1
cy— 2
‘‘(A)(i) the opportunity to meet in-person or 3
virtually via videoconference with each teacher of 4
such child not less than twice during each school 5
year; and 6
‘‘(ii) a notification, at the beginning of each 7
school year, of the opportunity for such meetings, 8
including the option to attend such meetings vir-9
tually via videoconference; and 10
‘‘(B) the opportunity to address the school 11
board of such local educational agency on issues 12
impacting the education of children in such 13
agency.’’. 14
SEC. 105. SENSE OF CONGRESS ON FIRST AMENDMENT 15
RIGHTS. 16
Title VIII of the Elementary and Secondary Edu-17
cation Act of 1965 (20 U.S.C. 7801 et seq.) is amended— 18
(1) by redesignating section 8549C as section 19
8549D; and 20
(2) by inserting after section 8549B the following 21
new section: 22
‘‘SEC. 8549C. SENSE OF CONGRESS ON FIRST AMENDMENT 23
RIGHTS. 24
‘‘(a) F
INDINGS.—Congress finds the following: 25
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‘‘(1) Parents have a First Amendment right to 1
express their opinions on decisions made by State and 2
local education leaders. 3
‘‘(2) States and local educational agencies should 4
empower parents to communicate regularly with Fed-5
eral, State, and local policymakers and educators re-6
garding the education and well-being of their chil-7
dren. 8
‘‘(3) Transparent and cooperative relationships 9
between parents and schools have significant and 10
long-lasting positive effects on the development of chil-11
dren. 12
‘‘(4) Parents’ concerns over content and peda-13
gogy deserve to be heard and fully considered by 14
school professionals. 15
‘‘(5) Parent and other community input about 16
schools that is presented in a lawful and appropriate 17
manner should always be encouraged. 18
‘‘(6) Educators, policymakers, elected officials, 19
Executive Branch officials and employees, and other 20
stakeholders should never seek to use law enforcement 21
to criminalize the lawfully expressed concerns of par-22
ents about their children’s education, but should never 23
hesitate to contact public safety officials if there is a 24
credible threat to the safety and security of students, 25
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parents, educators, policymakers, elected officials, ex-1
ecutive branch officials or employees, or other stake-2
holders, school faculty, or staff. 3
‘‘(b) S
ENSE OFCONGRESS.—It is the sense of Congress 4
that the First Amendment guarantees parents and other 5
stakeholders the right to assemble and express their opinions 6
on decisions affecting their children and communities, and 7
that educators and policymakers should welcome and en-8
courage that engagement and consider that feedback when 9
making decisions.’’. 10
TITLE II—AMENDMENTS TO 11
FERPA AND PPRA 12
SEC. 201. AMENDMENTS TO THE FAMILY EDUCATIONAL 13
RIGHTS AND PRIVACY ACT OF 1974. 14
(a) E
NFORCEMENT.—Section 444(f) of the General 15
Education Provisions Act (20 U.S.C. 1232g) (also known 16
as the ‘‘Family Educational Rights and Privacy Act of 17
1974’’) (20 U.S.C. 1232g(f)) is amended by adding at the 18
end the following: ‘‘The Secretary shall comply with the re-19
porting requirement under section 445(e)(2)(C)(ii) with re-20
spect to the enforcement actions taken under this subsection 21
to ensure compliance with this section.’’. 22
(b) P
ROHIBITION ONEDUCATIONALAGENCIES ORIN-23
STITUTIONSACTING AS ANAGENT OF APARENT.—Section 24
444 of the General Education Provisions Act (20 U.S.C. 25
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1232g) (also known as the ‘‘Family Educational Rights and 1
Privacy Act of 1974’’) is amended by adding at the end 2
the following: 3
‘‘(k) P
ROHIBITION ONEDUCATIONALAGENCIES ORIN-4
STITUTIONSACTING ASAGENT OF APARENT FORUSE OF 5
T
ECHNOLOGY.—An educational agency or institution may 6
not act as the agent of a parent of a student in attendance 7
at a school of such agency or at such institution for pur-8
poses of providing verifiable parental consent for the use 9
of technology in the classroom for purposes of educating the 10
student without providing notice and an opportunity for 11
the parent to object to the use of such technology. 12
‘‘(l) P
ROHIBITION ONEDUCATIONALAGENCIES ORIN-13
STITUTIONSACTING ASAGENT OF APARENT FORVAC-14
CINES.—An educational agency or institution may not act 15
as the agent of a parent of a student in attendance at a 16
school of such agency or at such institution for purposes 17
of providing verifiable parental consent for a vaccination.’’. 18
(c) P
ROHIBITION ONSALE OFINFORMATION FORCOM-19
MERCIALPURPOSES.—Section 444 of the General Edu-20
cation Provisions Act (20 U.S.C. 1232g) (also known as the 21
‘‘Family Educational Rights and Privacy Act of 1974’’), 22
as amended by this section, is further amended by adding 23
at the end the following: 24
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‘‘(m) PROHIBITION ONSALE OFINFORMATION FOR 1
C
OMMERCIALPURPOSES.— 2
‘‘(1) I
N GENERAL.—Except as provided in para-3
graph (2), no educational agency or institution or au-4
thorized representative of such agency or institution 5
may sell student information for commercial or fi-6
nancial gain. 7
‘‘(2) E
XCEPTIONS.—The prohibition described in 8
paragraph (1) shall not apply to products sold to stu-9
dents by or on behalf of the educational agency or in-10
stitution, such as yearbooks, prom tickets, and school 11
pictures.’’. 12
(d) P
ARENTALCONSULTATION.—Section 444 of the 13
General Education Provisions Act (20 U.S.C. 1232g) (also 14
known as the ‘‘Family Educational Rights and Privacy Act 15
of 1974’’), as amended by this section, is further amended 16
by adding at the end the following: 17
‘‘(n) P
ARENTALCONSULTATION.—In developing a pri-18
vacy policy or procedure, an educational agency or institu-19
tion shall engage meaningfully with parents of students in 20
attendance at the schools served by such agency or institu-21
tion.’’. 22
(e) D
ISCLOSURE OFINFORMATION.—Section 444 of the 23
General Education Provisions Act (20 U.S.C. 1232g) (also 24
known as the ‘‘Family Educational Rights and Privacy Act 25
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of 1974’’), as amended by this section, is further amended 1
by adding at the end the following: 2
‘‘(o) D
ISCLOSURE OFINFORMATION.—An educational 3
agency or institution or authorized representative of such 4
agency or institution shall, upon request from a parent of 5
a student, disclose to such parent the identity of any indi-6
vidual or entity with whom information is shared from the 7
education record of the student or any response of the stu-8
dent to a survey.’’. 9
SEC. 202. PROTECTION OF PUPIL RIGHTS. 10
(a) A
VAILABILITY FORINSPECTION BYPARENTS OR 11
G
UARDIANS.—Section 445(a) of the General Education 12
Provisions Act (20 U.S.C. 1232h(a)) is amended to read 13
as follows: 14
‘‘(a) A
VAILABILITY FORINSPECTION BYPARENTS OR 15
G
UARDIANS.—A local educational agency (as such term is 16
defined in subsection (c)(6)(C)) that receives funds under 17
any applicable program shall ensure the following: 18
‘‘(1) I
NFORMATION AVAILABLE.—Each of the fol-19
lowing shall be available for inspection by the parents 20
or guardians of the children in attendance at the 21
schools served by such agency, and the availability of 22
each of the following for inspection shall not be condi-23
tioned on any requirement that such parents or 24
guardians sign a nondisclosure agreement: 25
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‘‘(A) All instructional materials, including 1
teacher’s manuals, films, tapes, or other supple-2
mentary material which will be used in such 3
school or in connection with any survey, anal-4
ysis, or evaluation. 5
‘‘(B) Any books or other reading materials 6
made available to students in such school or 7
through the school library of such school. 8
‘‘(C) Any professional development mate-9
rials. 10
‘‘(2) C
OMMENT PERIODS FOR PARENTS .— 11
‘‘(A) I
N GENERAL.—The agency shall pro-12
vide comment periods during which parents or 13
guardians of the children in attendance at the 14
schools served by the agency may inspect and 15
provide feedback on any of the materials referred 16
to in paragraph (1) that— 17
‘‘(i) are expected to be used to teach 18
such children during the three weeks fol-19
lowing the comment period; or 20
‘‘(ii) were used to teach such children 21
during preceding portions of the school 22
year. 23
‘‘(B) F
REQUENCY AND DURATION .—The 24
comment periods described in subparagraph (A) 25
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shall be held not less frequently than once every 1
three weeks during the school year and each com-2
ment period shall be not less than three school 3
days in duration.’’. 4
(b) S
INGLEISSUENOTIFICATION.—Section 445(b) of 5
the General Education Provisions Act (20 U.S.C. 1232h) 6
is amended— 7
(1) by striking ‘‘prior consent of the student’’ 8
and inserting ‘‘prior written consent of the student’’; 9
and 10
(2) by inserting ‘‘, which is provided specifically 11
for such survey, analysis, or evaluation’’ before the 12
period at the end. 13
(c) D
EVELOPMENT AND ADOPTION OFLOCALPOLI-14
CIES.—Section 445(c) of the General Education Provisions 15
Act (20 U.S.C. 1232h(c)) is amended— 16
(1) in the subsection heading, by striking ‘‘P
HYS-17
ICAL’’ and inserting ‘‘MEDICAL’’; 18
(2) in paragraph (1)— 19
(A) in the matter preceding subparagraph 20
(A), by striking ‘‘in consultation with parents’’ 21
and inserting ‘‘in consultation with parents in 22
accordance with paragraph (2)(A)’’; 23
(B) in subparagraph (C), by amending 24
clause (i) to read as follows: 25
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‘‘(i) The right of a parent of a student 1
to inspect, upon the request of the parent, 2
any instructional material used as part of 3
the educational curriculum for the student, 4
and any books or other reading materials 5
made available to the student in a school 6
served by the agency or through the school 7
library; and’’; 8
(C) by amending subparagraph (D) to read 9
as follows: 10
‘‘(D) The administration of medical exami-11
nations or screenings that the school or agency 12
may administer to a student, including— 13
‘‘(i) prior notice to parents of such a 14
medical examination or screening, and re-15
ceipt of consent from parents before admin-16
istering such an examination or screening; 17
and 18
‘‘(ii) in the event of an emergency that 19
requires a medical examination or screening 20
without time for parental notification and 21
consent, the procedure for promptly noti-22
fying parents of such examination or 23
screening subsequent to such examination or 24
screening.’’; and 25
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(D) by amending subparagraph (E) to read 1
as follows: 2
‘‘(E) The prohibition on the collection, dis-3
closure, or use of personal information collected 4
from students for the purpose of marketing or for 5
selling that information (or otherwise providing 6
that information to others for that purpose), 7
other than for a legitimate educational purpose 8
to improve the education of students as described 9
in paragraph (4), and the arrangements to pro-10
tect student privacy that are provided by the 11
agency in the event of such collection, disclosure, 12
or use for such a legitimate educational pur-13
pose.’’. 14
(d) P
ARENTALNOTIFICATION.—Paragraph (2) of sec-15
tion 445(c) of the General Education Provisions Act (20 16
U.S.C. 1232h(c)) is amended— 17
(1) in the paragraph heading, by inserting 18
‘‘
CONSULTATION AND’’ before ‘‘NOTIFICATION’’; 19
(2) by redesignating subparagraphs (A) through 20
(C) as subparagraphs (B) through (D), respectively; 21
(3) in subparagraph (B) (as so redesignated)— 22
(A) in clause (i), by striking ‘‘and’’ at the 23
end; 24
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(B) by amending clause (ii) to read as fol-1
lows: 2
‘‘(ii) in the case of an activity de-3
scribed in clause (i) or (iii) of subpara-4
graph (D), offer an opportunity and clear 5
instructions for the parent (or in the case of 6
a student who is an adult or emancipated 7
minor, the student) to opt the student out of 8
participation in such activity;’’; and 9
(C) by adding at the end the following: 10
‘‘(iii) in the case of an activity de-11
scribed in subparagraph (D)(i), a descrip-12
tion of how such activity is for a legitimate 13
educational purpose to improve the edu-14
cation of students as described in paragraph 15
(4); and 16
‘‘(iv) not require a student to submit to 17
a survey described in subparagraph (D)(ii) 18
without the prior written consent of the stu-19
dent (if the student is an adult or emanci-20
pated minor), or in the case of an 21
unemancipated minor, without the prior 22
written consent of the parent, which is pro-23
vided specifically for such survey.’’; 24
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(4) by inserting before subparagraph (B) (as so 1
amended and redesignated), the following: 2
‘‘(A) P
ARENTAL CONSULTATION .—The pa-3
rental consultation required for the purpose of 4
developing and adopting policies under para-5
graphs (1) and (3) by a local educational agency 6
shall ensure that such policy is developed with 7
meaningful engagement by parents of students 8
enrolled in schools served by that agency.’’; and 9
(5) in subparagraph (D) (as redesignated by 10
paragraph (2))— 11
(A) by amending clause (i) to read as fol-12
lows: 13
‘‘(i) Activities involving the collection, 14
disclosure, or use of personal information 15
collected from students for a legitimate edu-16
cational purpose to improve the education 17
of students as described in paragraph (4).’’; 18
and 19
(B) in clause (iii), by striking ‘‘invasive 20
physical’’ and inserting ‘‘medical’’. 21
(e) U
PDATES TOEXISTINGPOLICIES.—Paragraph (3) 22
of section 445(c) of the General Education Provisions Act 23
(20 U.S.C. 1232h(c)) is amended to read as follows: 24
‘‘(3) U
PDATES TO EXISTING POLICIES.— 25
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‘‘(A) IN GENERAL.—Not later than 180 1
days after the date of enactment of the Parents 2
Bill of Rights Act, a local educational agency 3
that receives funds under any applicable pro-4
gram shall— 5
‘‘(i) review policies covering the re-6
quirements of paragraph (1) as in effect on 7
the day before such date of enactment; and 8
‘‘(ii) develop and update such policies 9
to reflect the changes made to paragraph (1) 10
by the amendments made by the Parents 11
Bill of Rights Act. 12
‘‘(B) C
ONSULTATION AND NOTIFICATION .— 13
In developing and updating the policies under 14
subparagraph (A), the agency shall comply with 15
the consultation and notification requirements 16
under paragraph (2).’’. 17
(f) E
XCEPTIONS.—Paragraph (4)(A) of section 445(c) 18
of the General Education Provisions Act (20 U.S.C. 19
1232h(c)) is amended by amending the matter preceding 20
clause (i) to read as follows: 21
‘‘(A) E
DUCATIONAL PRODUCTS OR SERV -22
ICES.—For purposes of paragraph (1)(E), the 23
collection, disclosure, or use of personal informa-24
tion collected from students for a legitimate edu-25
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•HR 5 RH
cational purpose to improve the education of stu-1
dents means the exclusive purpose of developing, 2
evaluating, or providing educational products or 3
services for, or to, students or schools, such as the 4
following:’’. 5
(g) D
EFINITIONS.—Paragraph (6) of section 445(c) of 6
the General Education Provisions Act (20 U.S.C. 1232h(c)) 7
is amended— 8
(1) by amending subparagraph (B) to read as 9
follows: 10
‘‘(B) M
EDICAL EXAMINATION OR SCREEN -11
ING.—The term ‘medical examination or screen-12
ing’ means any medical examination or screen-13
ing that involves the exposure of private body 14
parts, or any act during such examination or 15
screening that includes incision, insertion, or in-16
jection into the body, or a mental health or sub-17
stance use disorder screening, except that such 18
term does not include a hearing, vision, or scoli-19
osis screening, or an observational screening car-20
ried out to comply with child find obligations 21
under the Individuals with Disabilities Edu-22
cation Act (20 U.S.C. 1400 et seq.).’’; and 23
(2) in subparagraph (E)— 24
(A) in clause (iii), by striking ‘‘or’’; 25
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(B) in clause (iv), by striking the period at 1
the end and inserting ‘‘; or’’; and 2
(C) by adding at the end the following: 3
‘‘(v) an email address.’’. 4
(h) E
NFORCEMENT AND REPORTING.—Subsection (e) 5
of section 445 of the General Education Provisions Act (20 6
U.S.C. 1232h) is amended to read as follows: 7
‘‘(e) E
NFORCEMENT ANDREPORTING.— 8
‘‘(1) E
NFORCEMENT.—The Secretary shall take 9
such action as the Secretary determines appropriate 10
to enforce this section, except that action to terminate 11
assistance provided under an applicable program 12
shall be taken only if the Secretary determines that— 13
‘‘(A) there has been a failure to comply with 14
such section; and 15
‘‘(B) compliance with such section cannot 16
be secured by voluntary means. 17
‘‘(2) R
EPORTING.— 18
‘‘(A) L
OCAL EDUCATIONAL AGENCIES .—On 19
an annual basis, each local educational agency 20
(as such term is defined in subsection (c)(6)(C)) 21
that receives funds under any applicable pro-22
gram shall— 23
‘‘(i) without identifying any personal 24
information of a student or students, report 25
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to the State educational agency any enforce-1
ment actions or investigations carried out 2
for the preceding school year to ensure com-3
pliance with this section; and 4
‘‘(ii) publish such information on its 5
website or through other public means used 6
for parental notification if the agency does 7
not have a website. 8
‘‘(B) S
TATES.—On an annual basis, each 9
State educational agency shall provide to the 10
Secretary a report, with respect to the preceding 11
school year, that includes all actions local edu-12
cational agencies have reported under subpara-13
graph (A), and a description of the enforcement 14
actions the State educational agency took to en-15
sure parents’ rights were protected. 16
‘‘(C) S
ECRETARY.—Not later than 1 year 17
after the date of enactment of the Parents Bill of 18
Rights Act, and annually thereafter, the Sec-19
retary shall submit to the Committee on Edu-20
cation and the Workforce of the House of Rep-21
resentatives and the Committee on Health, Edu-22
cation, Labor, and Pensions of the Senate— 23
‘‘(i) the reports received under sub-24
paragraph (B); and 25
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‘‘(ii) a description of the enforcement 1
actions taken by the Secretary under this 2
subsection and section 444(f) to ensure full 3
compliance with this section and section 4
444, respectively.’’. 5
TITLE III—PROHIBITION ON 6
FEDERAL INVOLVEMENT IN 7
CURRICULUM 8
SEC. 301. RULE OF CONSTRUCTION. 9
Nothing in this Act may be construed to authorize any 10
department, agency, officer, or employee of the United 11
States to exercise any direction, supervision, or control over 12
the curriculum, program of instruction, administration, or 13
personnel of any educational institution, school, or school 14
system. 15
TITLE IV—GENDER MARKERS, 16
PRONOUNS, AND PREFERRED 17
NAMES ON SCHOOL FORMS 18
SEC. 401. REQUIREMENT RELATED TO GENDER MARKERS, 19
PRONOUNS, AND PREFERRED NAMES ON 20
SCHOOL FORMS. 21
As a condition of receiving Federal funds, any elemen-22
tary school (as such term is defined in section 8101 of the 23
Elementary and Secondary Education Act of 1965 (20 24
U.S.C. 7801)) or school that consists of only middle grades 25
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(as such term is defined in such section), that receives Fed-1
eral funds shall be required to obtain parental consent be-2
fore— 3
(1) changing a minor child’s gender markers, 4
pronouns, or preferred name on any school form; or 5
(2) allowing a child to change the child’s sex- 6
based accommodations, including locker rooms or 7
bathrooms. 8
TITLE V—ACCESS TO SCHOOL 9
BROADBAND 10
SEC. 501. SENSE OF CONGRESS. 11
It is the sense of Congress that all public elementary 12
and public secondary school students should have access to 13
broadband. 14
TITLE VI—SENSE OF CONGRESS 15
SEC. 601. SENSE OF CONGRESS. 16
It is the sense of Congress that all public elementary 17
school and secondary school students should have opportuni-18
ties to learn the history of the Holocaust and anti-Semi-19
tism. 20
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4
118
TH
CONGRESS
1
ST
S
ESSION
H. R. 5
[Report No. 118–9]
A BILL
To ensure the rights of parents are honored and
protected in the Nation’s public schools.
M
ARCH
14, 2023
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
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