[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 106 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 106

To amend the Elementary and Secondary Education Act of 1965 to restore 
 State sovereignty over public education and parental rights over the 
                      education of their children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2015

Mr. Culberson introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to restore 
 State sovereignty over public education and parental rights over the 
                      education of their children.

    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 ``Restoration of Parental Rights and 
State Sovereignty Act of 2015''.

SEC. 2. RESTORATION OF STATE SOVEREIGNTY OVER PUBLIC EDUCATION AND 
              PARENTAL RIGHTS OVER THE EDUCATION OF THEIR CHILDREN.

    Part E of title IX of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7881 et seq.) is amended by adding at the end the 
following:

``Subpart 3--Restoration of State Sovereignty Over Public Education and 
          Parental Rights Over the Education of Their Children

``SEC. 9541. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT 
              EXPRESSLY WAIVE.

    ``(a) Retention of Rights and Authorities.--No officer, employee, 
or other authority of the Secretary shall enforce against an authority 
of a State, nor shall any authority of a State have any obligation to 
obey, any requirement imposed as a condition of receiving assistance 
under a grant program established under this Act, nor shall such 
program operate within a State, unless the legislature of that State 
shall have by law expressly approved that program and, in doing so, 
have waived the State's rights and authorities to act inconsistently 
with any requirement that might be imposed by the Secretary as a 
condition of receiving that assistance.
    ``(b) Amendment of Terms of Receipt of Federal Financial 
Assistance.--An officer, employee, or other authority of the Secretary 
may release assistance under a grant program established under this Act 
to a State only after the legislature of the State has by law expressly 
approved the program (as described in subsection (a)). This approval 
may be accomplished by a vote to affirm a State budget that includes 
the use of such Federal funds and any such State budget must expressly 
include any requirement imposed as a condition of receiving assistance 
under a grant program established under this Act so that by approving 
the budget, the State legislature is expressly approving the grant 
program and, in doing so, waiving the State's rights and authorities to 
act inconsistently with any requirement that might be imposed by the 
Secretary as a condition of receiving that assistance.
    ``(c) Special Rule for States With Biennial Legislatures.--In the 
case of a State with a biennial legislature--
            ``(1) during a year in which the State legislature does not 
        meet, subsections (a) and (b) shall not apply; and
            ``(2) during a year in which the State legislature meets, 
        subsections (a) and (b) shall apply, and, with respect to any 
        grant program established under this Act during the most recent 
        year in which the State legislature did not meet, the State may 
        by law expressly disapprove the grant program, and, if such 
        disapproval occurs, an officer, employee, or other authority of 
        the Secretary may not release any additional assistance to the 
        State under that grant program.
    ``(d) Definition of State Authority.--As used in this section, the 
term `authority of a State' includes any administering agency of the 
State, any officer or employee of the State, and any local government 
authority of the State.
    ``(e) Effective Date.--This section applies in each State beginning 
on the 90th day after the end of the first regular session of the 
legislature of that State that begins 5 years after the date of the 
enactment of the Restoration of Parental Rights and State Sovereignty 
Act of 2015 and shall continue to apply in subsequent years until 
otherwise provided by law.

``SEC. 9542. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.

    ``Notwithstanding any formula reallocations stipulated under this 
Act, any funds under this Act not allocated to a State because a State 
did not affirmatively agree to the receipt of such funds shall not be 
reallocated among the States.

``SEC. 9543. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.

    ``In this Act, the term `State with a biennial legislature' means a 
State the legislature of which meets every other year.

``SEC. 9544. INTENT OF CONGRESS.

    ``It is the intent of Congress that other than the terms and 
conditions expressly approved by State law under the terms of this 
subpart, control over public education and parental rights to control 
the education of their children are vested exclusively within the 
autonomous zone of independent authority reserved to the States and 
individual Americans by the United States Constitution, other than the 
Federal Government's undiminishable obligation to enforce minimum 
Federal standards of equal protection and due process.''.

SEC. 3. TABLE OF CONTENTS.

    The table of contents in section 2 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting 
after the item relating to subpart 2 of part E of title IX the 
following:

``subpart 3--restoration of state sovereignty over public education and 
          parental rights over the education of their children

``9541. States to retain rights and authorities they do not expressly 
                            waive.
``9542. Dedication of savings to deficit reduction.
``9543. Definition of State with biennial legislature.
``9544. Intent of Congress.''.
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