[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2295 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2295

 To prohibit a State from receiving Federal education funds unless the 
  State has certain policies and procedures regarding the purchase or 
 acquisition of library and classroom-based reference, instructional, 
and other print materials for use in elementary schools, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2005

 Mr. Jones of North Carolina introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To prohibit a State from receiving Federal education funds unless the 
  State has certain policies and procedures regarding the purchase or 
 acquisition of library and classroom-based reference, instructional, 
and other print materials for use in elementary schools, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Parental Empowerment Act of 2005''.

SEC. 2. REQUIRED POLICIES AND PROCEDURES.

    Beginning not later than 1 year after the date of the enactment of 
this Act, a State may not receive any funds under any program or 
activity administered by the Secretary of Education unless, with regard 
to the purchase or acquisition of any library or classroom-based 
reference, instructional, or other print material for use in any 
elementary school, the State is implementing policies and procedures 
that--
            (1) require each local educational agency in the State to 
        maintain a parent review and empowerment council in accordance 
        with this Act; or
            (2) if the State purchases most library or classroom-based 
        reference, instructional, or other print materials for use in 
        elementary schools served by the State's local educational 
        agencies, require the State educational agency to maintain such 
        a council.

SEC. 3. PARENT REVIEW AND EMPOWERMENT COUNCIL.

    (a) Membership.--Each council shall be composed of not less than 5 
nor more than 15 members (unless a lesser or greater number of members 
is determined by the State (or its designee) to be necessary for 
organizational purposes), of which--
            (1) a majority of the members must have a child who is 
        enrolled, or was enrolled within the previous 2 school years, 
        in an elementary school operated by the applicable educational 
        agency; and
            (2) at least 1 member must have a child who is enrolled in 
        a kindergarten operated by such agency if the kindergarten 
        program of the agency is operated as part of a separate 
        educational program.
    (b) Operations.--
            (1) In general.--Each council shall provide significant 
        input into the decision-making process of the applicable 
        educational agency regarding the purchase or acquisition of any 
        library or classroom-based reference, instructional, or other 
        print material for use in any elementary school.
            (2) Recommendations.--Each council shall provide 
        recommendations to the relevant decision-making body on the 
        purchase or acquisition by the applicable educational agency of 
        any library or classroom-based reference, instructional, or 
        other print material for use in any elementary school, 
        including by majority vote--
                    (A) recommending the acceptance in whole or in part 
                of the proposed purchase or acquisition;
                    (B) recommending the supervised release (such as by 
                parent or teacher signature) of part of the proposed 
                purchase or acquisition;
                    (C) recommending that the relevant decision-making 
                body review and specifically determine whether part of 
                the proposed purchase or acquisition is appropriate; or
                    (D) recommending against part of the proposed 
                purchase or acquisition.
            (3) Timing.--Each council shall provide recommendations 
        pursuant to paragraph (2) prior to the date of the purchase or 
        acquisition involved.
            (4) Meetings.--Each council shall meet not less than every 
        6 months to review, consider, and provide recommendations on 
        the purchase or acquisition by the applicable educational 
        agency of library or classroom-based reference, instructional, 
        or other print materials for use in any elementary school.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to create a Federal 
prohibition against the purchase or acquisition of any library or 
classroom-based reference, instructional, or other print material by a 
State or local educational agency if the State or agency determines 
that such material is appropriate.

SEC. 5. REPORT.

    Not later than 18 months after the date of the enactment of this 
Act, the Secretary shall conduct a study and submit a report on the 
results achieved under this Act to the Committee on Education and the 
Workforce of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) The term ``applicable educational agency'' means--
                    (A) the local educational agency involved; or
                    (B) in the case of a State described in section 
                2(2), the State educational agency.
            (2) The term ``child'' means a child within the age limits 
        for which the State involved provides free public education.
            (3) The term ``council'' means a parent review and 
        empowerment council maintained in accordance with this Act.
            (4) The term ``elementary school''--
                    (A) has the meaning given to that term in section 
                9101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801); and
                    (B) includes a kindergarten operated by the 
                applicable educational agency, irrespective of whether 
                the kindergarten is operated as part of a separate 
                educational program or as a part of the State's 
                elementary education under applicable State law.
            (5) The term ``library or classroom-based reference, 
        instructional, or other print material'' excludes any school 
        textbook.
            (6) The term ``local educational agency'' has the meaning 
        given to that term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (7) The term ``Secretary'' means the Secretary of 
        Education.
            (8) The term ``State'' includes the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        Guam, the Virgin Islands, and any other territory or possession 
        of the United States.
            (9) The term ``State educational agency'' has the meaning 
        given to that term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
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