II 110th CONGRESS 1st Session S. 2365 IN THE SENATE OF THE UNITED STATES November 15, 2007 Mr. Graham (for himself, Mr. Inhofe, Mr. Brownback, Mr. DeMint, Mr. Ensign, and Mr. Coburn) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require educational institutions that receive Federal funds to obtain the affirmative, informed, written consent of a parent before providing a student information regarding sex, to provide parents the opportunity to review such information, and for other purposes.

1.

Short title

This Act may be cited as the Parents' Rights Empowerment and Protection Act (PREP Act).

2.

Findings

Congress makes the following findings: (1)Schools and other public education facilities are critical societal institutions for the education of children, and parents are primarily responsible for the care, health, and education of their children. (2)Teachers, administrators, and other educational laypersons may significantly impact the educational development of the children in their care. The responsibility of teachers, administrators, and other educational laypersons is limited to their instructional interaction with the child, while a parent's responsibilities do not end with the ring of a bell or the end of the school year. (3)Schools and other public education facilities serve a wide array of children, each with their own unique social maturity level. Schools are not adequately equipped to properly ascertain an individual child's readiness for certain types of information. (4)Parents are primarily responsible for the educational, societal, and personal development of their children, and parents are best suited for determining the appropriate time, manner, and context for conveying sensitive information to their children. (5)Schools, in the discharge of their educational duties, may impart information of a sensitive nature to children regarding a variety of issues. Parents should be informed by the schools as to the full content of the information to be conveyed, the context of the instruction, and methods for conveying the information.

3.

Definitions

(a)

In general

In this Act, the terms elementary school, local educational agency, parent, secondary school, and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (b)

Additional definitions

In this Act: (1)

Child

The term child means a human being who has not reached the age of majority as determined under applicable State law. (2)

Educational institution

The term educational institution means any public or private preschool, elementary school, or secondary school, except that in the case of an educational institution composed of more than 1 school or department which are administratively separate units, such term means each such school or department.

4.

Prohibition of instruction without the consent of a parent

(a)

Consent required

Each educational institution that receives Federal funds or Federal financial assistance shall obtain the affirmative, informed, written consent of the parent of a child in the care of the educational institution prior to requesting information from the child, or conveying information to the child, on subjects concerning sex, sexuality, or related topics, regardless of whether such information— (1)is gender specific; (2)is related to sexual orientation; or (3)conforms with other elements of the instructional materials of the educational institution. (b)

Notice

Upon the request of a parent of a child attending such an educational institution, the educational institution shall provide to the parent— (1)an opportunity to review the information described in subsection (a); and (2)a description of— (A)the context and setting in which the information will be requested, broached, discussed, or otherwise conveyed to the child; and (B)the educational necessity of the information. (c)

Prohibition regarding absence of consent

In no event shall an educational institution consider a parent's lack of denial of the consent required by subsection (a), or lack of such consent, to be consent. (d)

Immediate health issues

Nothing in this section shall be construed to limit a school nurse or another school health official from responding to a child's immediate health issues. (e)

Civil action for failure To obtain parental consent

Every person or educational institution who or that, under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, or the District of Columbia, violates this section, shall be liable to the party injured in a civil action in an appropriate district court of the United States. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (f)

Notification

Upon a finding by a court of appropriate jurisdiction that a person or educational institution has violated this section, the court shall immediately notify the appropriate local educational agency, the State educational agency, and the Department of Education. (g)

Cut off of Federal funding

Each educational institution found by a court to have violated this section shall be ineligible to receive Federal funds or Federal financial assistance until the educational institution reapplies for such funds or assistance not earlier than 1 year after the violation. (h)

Penalties, damages, and fees

(1)

Civil penalty

Any person or educational institution that violates this section shall be subject to a civil fine of $5,000 for each violation. (2)

Treble damages

For each instance of a knowing violation of this section the fine shall be 3 times the fine described in paragraph (1). (3)

Legal fees

In any action brought under this section, the court may award a prevailing parent reasonable attorney's fees.

5.

Protection of pupil rights

Section 445(b) of the General Education Provisions Act (20 U.S.C. 1232h(b)) is amended— (1)in the matter preceding paragraph (1)— (A)by striking be required, as part of any applicable program, to; and (B)by inserting relating to an applicable program after evaluation; and (2)in the matter following paragraph (8)— (A)by inserting the administrator of the survey, analysis, or evaluation obtaining before the prior consent; and (B)by striking minor, without and inserting minor,.