[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5 Engrossed in House (EH)]

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118th CONGRESS
  1st Session
                                 H. R. 5

_______________________________________________________________________

                                 AN ACT


 
   To ensure the rights of parents are honored and protected in the 
                        Nation's public schools.

    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 ``Parents Bill of Rights Act''.

 TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
                                  1965

SEC. 101. STATE PLAN ASSURANCES.

    Section 1111(g)(2) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(g)(2)) is amended--
            (1) in subparagraph (M), by striking ``and'' at the end;
            (2) in subparagraph (N), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(O) the State will ensure that each local 
                educational agency in the State--
                            ``(i) in a case in which the curriculum for 
                        an elementary or secondary school (including 
                        secondary career and technical education 
                        schools) grade level is freely and publicly 
                        available on the internet--
                                    ``(I) posts on a publicly 
                                accessible website of the agency, such 
                                curriculum; or
                                    ``(II) if such agency does not 
                                operate a website, widely disseminates 
                                to the public such curriculum; or
                            ``(ii) in a case in which the curriculum 
                        for an elementary or secondary school 
                        (including secondary career and technical 
                        education schools) grade level is not freely 
                        and publicly available on the internet--
                                    ``(I) posts on a publicly 
                                accessible website of the agency--
                                            ``(aa) a description of 
                                        such curriculum; and
                                            ``(bb) information on how 
                                        parents can review such 
                                        curriculum as described in 
                                        section 1112(e)(1)(A); or
                                    ``(II) if such agency does not 
                                operate a website, widely disseminates 
                                to the public the description and 
                                information described in items (aa) and 
                                (bb) of subclause (I); and
                    ``(P) in the case of any revisions to the State's 
                challenging State academic standards (including any 
                revisions to the levels of achievement within the 
                State's academic achievement standards), the State 
                educational agency will post to the homepage of its 
                website, and widely disseminate to the public, notice 
                of such revisions and a copy of such revisions, except 
                that the State educational agency shall not be required 
                to submit such notice or such revisions to the 
                Secretary.''.

SEC. 102. ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.

    Section 1111(h)(2) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(h)(2)) is amended by inserting at the end the 
following new subparagraph:
                    ``(E) Budget.--Each local educational agency report 
                card shall include the budget for the school year for 
                which such report card is being prepared (including all 
                revenues and expenditures (including expenditures made 
                to private entities)) for the local educational agency 
                as a whole, and for each elementary school and 
                secondary school (including secondary career and 
                technical education schools) served by the local 
                educational agency. In addition to the detailed budget 
                information required under the preceding sentence, the 
                agency shall include a separate fact sheet that 
                summarizes such information in a clear and easily 
                understandable format.''.

SEC. 103. LOCAL EDUCATIONAL AGENCY PLAN ASSURANCES.

    Section 1112(c) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6312(c)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(8) meet the requirements described in section 
        1111(g)(2)(O);
            ``(9) post on a publicly accessible website of the local 
        educational agency or, if the local educational agency does not 
        operate a website, widely disseminate to the public, the plan 
        for carrying out the parent and family engagement described in 
        section 1116 and all policies and procedures that result from 
        such engagement;
            ``(10) ensure that each elementary school served by the 
        local educational agency notifies the parents of any student 
        enrolled at such school when the student does not score as 
        grade-level proficient in reading or language arts at the end 
        of the third grade based on the reading or language arts 
        assessments administered under section 1111(b)(2)(B)(v)(I)(aa) 
        or another assessment administered to all third grade students 
        by such school; and
            ``(11) ensure that each elementary school and secondary 
        school (including secondary career and technical education 
        schools) served by the local educational agency provides to the 
        parents of students enrolled at such school, before a person 
        speaks (in-person or virtually) to such students in a class, 
        school assembly, or any other school-sponsored event, notice 
        that includes the name of the speaker and the name of the 
        organization or other entity being represented by the 
        speaker.''.

SEC. 104. PARENTS RIGHT-TO-KNOW.

    Section 1112(e) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6312(e)) is amended--
            (1) by redesignating paragraphs (1), (2), (3), and (4) as 
        paragraphs (2), (3), (4), and (6), respectively;
            (2) by inserting before paragraph (2) (as so redesignated), 
        the following:
            ``(1) Notice of rights.--A local educational agency 
        receiving funds under this part shall ensure that each 
        elementary school and secondary school (including secondary 
        career and technical education schools) served by such agency 
        posts on a publicly accessible website of the school or, if the 
        school does not operate a website, widely disseminates to the 
        public, a summary notice of the right of parents to information 
        about their children's education as required under this Act, 
        which shall be in an understandable format for parents and 
        include, at minimum--
                    ``(A) the right (provided in accordance with the 
                requirements of section 445(a)(2) of the General 
                Education Provisions Act (20 U.S.C. 1232h(a)(2)) with 
                respect to such local educational agency) to review, 
                and make copies of, at no cost, the curriculum of their 
                child's school;
                    ``(B) the right to know if the State alters the 
                State's challenging State academic standards;
                    ``(C) the right to meet with each teacher of their 
                child not less than twice during each school year in 
                accordance with paragraph (5)(A);
                    ``(D) the right to review the budget, including all 
                revenues and expenditures, of their child's school;
                    ``(E) the right to--
                            ``(i) a list of the books and other reading 
                        materials available in the library of their 
                        child's school; and
                            ``(ii) inspect such books or other reading 
                        materials;
                    ``(F) the right to information about all schools in 
                which their child can enroll, including options for 
                enrolling in or transferring to--
                            ``(i) other schools served by the local 
                        educational agency;
                            ``(ii) charter schools; and
                            ``(iii) schools served by a different local 
                        educational agency in the State;
                    ``(G) the right to address the school board of the 
                local educational agency;
                    ``(H) the right to information about violent 
                activity in their child's school;
                    ``(I) the right to information about any plans to 
                eliminate gifted and talented or college credit 
                programs in the child's school, including Advanced 
                Placement and dual-enrollment classes;
                    ``(J) the right to review any professional 
                development materials;
                    ``(K) the right to know if their child is not 
                grade-level proficient in reading or language arts at 
                the end of the third grade as described in subsection 
                (c)(10);
                    ``(L) the right to know if a school employee or 
                contractor acts to--
                            ``(i) change a minor child's gender 
                        markers, pronouns, or preferred name; or
                            ``(ii) allow a child to change the child's 
                        sex-based accommodations, including locker 
                        rooms or bathrooms;
                    ``(M) the right to know if--
                            ``(i) a school employee or contractor acts 
                        to--
                                    ``(I) treat, advise, or address the 
                                cyberbullying of a student;
                                    ``(II) treat, advise, or address 
                                the bullying or hazing of a student;
                                    ``(III) treat, advise, or address a 
                                student's mental health, suicidal 
                                ideation, or instances of self-harm;
                                    ``(IV) treat, advise, or address a 
                                specific threat to the safety of a 
                                student;
                                    ``(V) treat, advise, or address the 
                                possession or use of drugs and other 
                                controlled substances; or
                                    ``(VI) treat, advise, or address an 
                                eating disorder; or
                            ``(ii) a child brings a weapon to school;
                    ``(N) the right to the notice described in 
                subsection (c)(11) before a person speaks (in-person or 
                virtually) to their child in a class, school assembly, 
                or any other school-sponsored event;
                    ``(O) the right to be informed of the total number 
                of school counselors in their child's school;
                    ``(P) the right to know if their child's school 
                operates, sponsors, or facilitates athletic programs or 
                activities that permit an individual whose biological 
                sex is male to participate in an athletic program or 
                activity that is designated for individuals whose 
                biological sex is female;
                    ``(Q) the right to know if their child's school 
                allows an individual whose biological sex is male to 
                use restrooms or changing rooms designated for 
                individuals whose biological sex is female; and
                    ``(R) the right to timely notice of any major 
                cyberattack against their child's school that may have 
                compromised student or parent information.'';
            (3) in paragraph (2)(B) (as redesignated by paragraph 
        (1))--
                    (A) by redesignating clause (i) and clause (ii) as 
                subclause (I) and subclause (II), respectively;
                    (B) by striking ``(B) Additional information.--'' 
                and inserting:
                    ``(B) Additional information.--
                            ``(i) In general.--''; and
                    (C) by adding at the end the following:
                            ``(ii) School library.--A local educational 
                        agency receiving funds under this part shall 
                        ensure that each elementary school and 
                        secondary school (including secondary career 
                        and technical education schools) served by such 
                        agency provides the parents of each child who 
                        is a student in such school--
                                    ``(I) at the beginning of each 
                                school year, a list of books and other 
                                reading materials available in the 
                                library of such school; and
                                    ``(II) the opportunity to inspect 
                                such books and other reading materials.
                            ``(iii) Violent activity.--A local 
                        educational agency receiving funds under this 
                        part shall ensure that each elementary school 
                        and secondary school (including secondary 
                        career and technical education schools) served 
                        by such agency provides the parents of each 
                        child who is a student in such school timely 
                        notification of any violent activity occurring 
                        on school grounds or at school-sponsored 
                        activities in which one or more individuals 
                        suffer injuries (including whether such agency 
                        is aware of videos or recordings of such 
                        violent activity), except that such 
                        notification shall not contain names or the 
                        grade level of any students involved in the 
                        activity.
                            ``(iv) Gifted and talented programs.--A 
                        local educational agency receiving funds under 
                        this part shall ensure that each elementary 
                        school and secondary school (including 
                        secondary career and technical education 
                        schools) served by such agency provides the 
                        parents of each child who is a student in such 
                        school timely notification of any plan to 
                        eliminate gifted and talented or college credit 
                        programs in such school, including Advanced 
                        Placement and dual-enrollment classes.
                            ``(v) School counselors.--A local 
                        educational agency receiving funds under this 
                        part shall ensure that each elementary school 
                        and secondary school (including secondary 
                        career and technical education schools) served 
                        by such agency provides the parents of each 
                        child who is a student in such school the 
                        information described in paragraph (1)(O).
                            ``(vi) Enrollment options.--A local 
                        educational agency receiving funds under this 
                        part shall ensure that each elementary school 
                        and secondary school (including secondary 
                        career and technical education schools) served 
                        by such agency provides the parents of each 
                        child who is a student in such school the 
                        information described in paragraph (1)(F), 
                        including the enrollment and transfer options 
                        described in such paragraph.
                            ``(vii) School employee or contractor 
                        actions.--A local educational agency receiving 
                        funds under this part shall ensure that each 
                        elementary school and secondary school 
                        (including secondary career and technical 
                        education schools) served by such agency 
                        notifies the parents of any child who is a 
                        student in such school if a school employee or 
                        contractor takes, with respect to such child, 
                        any action described in clause (i) or (ii) of 
                        paragraph (1)(L).
                            ``(viii) School and student safety.--A 
                        local educational agency receiving funds under 
                        this part shall ensure that each elementary 
                        school and secondary school (including 
                        secondary career and technical education 
                        schools) served by such agency notifies--
                                    ``(I) the parents of any child who 
                                is a student in such school if a school 
                                employee or contractor takes, with 
                                respect to such child, any action 
                                described in clause (i) of paragraph 
                                (1)(M); and
                                    ``(II) the parents of each child 
                                who is a student in such school if any 
                                child takes the action described in 
                                clause (ii) of paragraph (1)(M).
                            ``(ix) Professional development 
                        materials.--A local educational agency 
                        receiving funds under this part shall ensure 
                        that each elementary school and secondary 
                        school (including secondary career and 
                        technical education schools) served by such 
                        agency provides the parents of each child who 
                        is a student in such school the opportunity to 
                        review professional development materials to 
                        ensure the parental right described in 
                        paragraph (1)(J).
                            ``(x) Athletic programs or activities.--A 
                        local educational agency receiving funds under 
                        this part shall ensure that each elementary 
                        school and secondary school (including 
                        secondary career and technical education 
                        schools) served by such agency provides the 
                        parents of each child who is a student in such 
                        school the information described in paragraph 
                        (1)(O).
                            ``(xi) Accommodations.--A local educational 
                        agency receiving funds under this part shall 
                        ensure that each elementary school and 
                        secondary school (including secondary career 
                        and technical education schools) served by such 
                        agency provides the parents of each child who 
                        is a student in such school the information 
                        described in paragraph (1)(O).
                            ``(xii) Cyberattacks.--A local educational 
                        agency receiving funds under this part shall 
                        ensure that each elementary school and 
                        secondary school (including secondary career 
                        and technical education schools) served by such 
                        agency provides the parents of each child who 
                        is a student in such school notifications 
                        described in paragraph (1)(O).''; and
            (4) by inserting after paragraph (4) (as redesignated by 
        paragraph (1)) the following:
            ``(5) Transparency.--A local educational agency receiving 
        funds under this part shall provide the parents of each child 
        who is a student in an elementary school or secondary school 
        (including secondary career and technical education schools) 
        served by such agency--
                    ``(A)(i) the opportunity to meet in-person or 
                virtually via videoconference with each teacher of such 
                child not less than twice during each school year; and
                    ``(ii) a notification, at the beginning of each 
                school year, of the opportunity for such meetings, 
                including the option to attend such meetings virtually 
                via videoconference; and
                    ``(B) the opportunity to address the school board 
                of such local educational agency on issues impacting 
                the education of children in such agency and on any 
                violations of the rights specified in paragraph (1).''.

SEC. 105. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.

    (a) In General.--Title VIII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended--
            (1) by redesignating section 8549C as section 8549D; and
            (2) by inserting after section 8549B the following new 
        section:

``SEC. 8549C. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.

    ``(a) Findings.--Congress finds the following:
            ``(1) The right of parents to educate their children is a 
        pre-political natural right that the U.S. Supreme Court has 
        recognized as `beyond debate' and rooted in the `history and 
        culture of Western civilization'.
            ``(2) Parents have a First Amendment right to express their 
        opinions on decisions made by State and local education 
        leaders.
            ``(3) States and local educational agencies should empower 
        parents to communicate regularly with Federal, State, and local 
        policymakers and educators regarding the education and well-
        being of their children.
            ``(4) Transparent and cooperative relationships between 
        parents and schools have significant and long-lasting positive 
        effects on the development of children.
            ``(5) Parents' concerns over content and pedagogy deserve 
        to be heard and fully considered by school professionals.
            ``(6) Parent and other community input about schools that 
        is presented in a lawful and appropriate manner should always 
        be encouraged.
            ``(7) Educators, policymakers, elected officials, Executive 
        Branch officials and employees, and other stakeholders should 
        never seek to use law enforcement to criminalize the lawfully 
        expressed concerns of parents about their children's education, 
        but should never hesitate to contact public safety officials if 
        there is a credible threat to the safety and security of 
        students, parents, educators, policymakers, elected officials, 
        executive branch officials or employees, or other stakeholders, 
        school faculty, or staff.
    ``(b) Sense of Congress.--It is the sense of Congress that--
            ``(1) the First Amendment guarantees parents and other 
        stakeholders the right to assemble and express their opinions 
        on decisions affecting their children and communities, and that 
        educators and policymakers should welcome and encourage that 
        engagement and consider that feedback when making decisions; 
        and
            ``(2) parents have a fundamental right, protected by the 
        U.S. Constitution, to direct the education of their children, 
        and the strict scrutiny test used by courts to evaluate cases 
        concerning fundamental rights is the correct standard of review 
        for government actions that interfere with the right of parents 
        to educate their children.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Elementary and Secondary Education Act of 1965 is amended--
            (1) by striking the item relating to section 8549C; and
            (2) by inserting after the item relating to section 8549B 
        the following:

Sec. 8549C. Sense of Congress on First Amendment Rights.
Sec. 8549D. Technical assistance.

SEC. 106. DEFINITION OF SECONDARY CAREER AND TECHNICAL EDUCATION 
              SCHOOL.

    Section 8101 the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801) is amended--
            (1) by redesignating paragraphs (45) through (52) as 
        paragraphs (46) through (53), respectively; and
            (2) by inserting after paragraph (44) the following new 
        paragraph:
            ``(45) Secondary career and technical education school.--
        The term `secondary career and technical education school' 
        means a secondary school (including secondary career and 
        technical education schools) that is an area career and 
        technical education school described in subparagraph (A) or (B) 
        of paragraph (3) of section 3 of the Carl D. Perkins Career and 
        Technical Education Act of 2006 (20 U.S.C. 2032(3)(A); (B)).''.

                 TITLE II--AMENDMENTS TO FERPA AND PPRA

SEC. 201. AMENDMENTS TO THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT 
              OF 1974.

    (a) Enforcement.--Section 444(f) of the General Education 
Provisions Act (20 U.S.C. 1232g) (also known as the ``Family 
Educational Rights and Privacy Act of 1974'') (20 U.S.C. 1232g(f)) is 
amended by adding at the end the following: ``The Secretary shall 
comply with the reporting requirement under section 445(e)(2)(C)(ii) 
with respect to the enforcement actions taken under this subsection to 
ensure compliance with this section.''.
    (b) Prohibition on Educational Agencies or Institutions Acting as 
an Agent of a Parent.--Section 444 of the General Education Provisions 
Act (20 U.S.C. 1232g) (also known as the ``Family Educational Rights 
and Privacy Act of 1974'') is amended by adding at the end the 
following:
    ``(k) Prohibition on Educational Agencies or Institutions Acting as 
Agent of a Parent for Use of Technology.--An educational agency or 
institution may not act as the agent of a parent of a student in 
attendance at a school of such agency or at such institution for 
purposes of providing verifiable parental consent for the use of 
technology in the classroom for purposes of educating the student 
without providing notice and an opportunity for the parent to object to 
the use of such technology.
    ``(l) Prohibition on Educational Agencies or Institutions Acting as 
Agent of a Parent for Vaccines.--An educational agency or institution 
may not act as the agent of a parent of a student in attendance at a 
school of such agency or at such institution for purposes of providing 
verifiable parental consent for a vaccination.''.
    (c) Prohibition on Sale of Information for Commercial Purposes.--
Section 444 of the General Education Provisions Act (20 U.S.C. 1232g) 
(also known as the ``Family Educational Rights and Privacy Act of 
1974''), as amended by this section, is further amended by adding at 
the end the following:
    ``(m) Prohibition on Sale of Information for Commercial Purposes.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        educational agency or institution or authorized representative 
        of such agency or institution may sell student information for 
        commercial or financial gain.
            ``(2) Exceptions.--The prohibition described in paragraph 
        (1) shall not apply to products sold to students by or on 
        behalf of the educational agency or institution, such as 
        yearbooks, prom tickets, and school pictures.''.
    (d) Parental Consultation.--Section 444 of the General Education 
Provisions Act (20 U.S.C. 1232g) (also known as the ``Family 
Educational Rights and Privacy Act of 1974''), as amended by this 
section, is further amended by adding at the end the following:
    ``(n) Parental Consultation.--In developing a privacy policy or 
procedure, an educational agency or institution shall engage 
meaningfully with parents of students in attendance at the schools 
served by such agency or institution.''.
    (e) Disclosure of Information.--Section 444 of the General 
Education Provisions Act (20 U.S.C. 1232g) (also known as the ``Family 
Educational Rights and Privacy Act of 1974''), as amended by this 
section, is further amended by adding at the end the following:
    ``(o) Disclosure of Information.--An educational agency or 
institution or authorized representative of such agency or institution 
shall, upon request from a parent of a student, disclose to such parent 
the identity of any individual or entity with whom information is 
shared from the education record of the student or any response of the 
student to a survey.''.

SEC. 202. PROTECTION OF PUPIL RIGHTS.

    (a) Availability for Inspection by Parents or Guardians.--Section 
445(a) of the General Education Provisions Act (20 U.S.C. 1232h(a)) is 
amended to read as follows:
    ``(a) Availability for Inspection by Parents or Guardians.--A local 
educational agency (as such term is defined in subsection (c)(6)(C)) 
that receives funds under any applicable program shall ensure the 
following:
            ``(1) Information available.--Each of the following shall 
        be available for inspection by the parents or guardians of the 
        children in attendance at the schools served by such agency, 
        and the availability of each of the following for inspection 
        shall not be conditioned on any requirement that such parents 
        or guardians sign a nondisclosure agreement:
                    ``(A) All instructional materials, including 
                teacher's manuals, films, tapes, or other supplementary 
                material which will be used in such school or in 
                connection with any survey, analysis, or evaluation.
                    ``(B) Any books or other reading materials made 
                available to students in such school or through the 
                school library of such school.
                    ``(C) Any professional development materials.
            ``(2) Comment periods for parents.--
                    ``(A) In general.--The agency shall provide comment 
                periods during which parents or guardians of the 
                children in attendance at the schools served by the 
                agency may inspect and provide feedback on any of the 
                materials referred to in paragraph (1) that--
                            ``(i) are expected to be used to teach such 
                        children during the three weeks following the 
                        comment period; or
                            ``(ii) were used to teach such children 
                        during preceding portions of the school year.
                    ``(B) Frequency and duration.--The comment periods 
                described in subparagraph (A) shall be held not less 
                frequently than once every three weeks during the 
                school year and each comment period shall be not less 
                than three school days in duration.''.
    (b) Single Issue Notification.--Section 445(b) of the General 
Education Provisions Act (20 U.S.C. 1232h) is amended--
            (1) by striking ``prior consent of the student'' and 
        inserting ``prior written consent of the student''; and
            (2) by inserting ``, which is provided specifically for 
        such survey, analysis, or evaluation'' before the period at the 
        end.
    (c) Development and Adoption of Local Policies.--Section 445(c) of 
the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended--
            (1) in the subsection heading, by striking ``Physical'' and 
        inserting ``Medical'';
            (2) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``in consultation with parents'' and inserting 
                ``in consultation with parents in accordance with 
                paragraph (2)(A)'';
                    (B) in subparagraph (C), by amending clause (i) to 
                read as follows:
                            ``(i) The right of a parent of a student to 
                        inspect, upon the request of the parent, any 
                        instructional material used as part of the 
                        educational curriculum for the student, and any 
                        books or other reading materials made available 
                        to the student in a school served by the agency 
                        or through the school library; and'';
                    (C) by amending subparagraph (D) to read as 
                follows:
                    ``(D) The administration of medical examinations or 
                screenings that the school or agency may administer to 
                a student, including--
                            ``(i) prior notice to parents of such a 
                        medical examination or screening, and receipt 
                        of consent from parents before administering 
                        such an examination or screening; and
                            ``(ii) in the event of an emergency that 
                        requires a medical examination or screening 
                        without time for parental notification and 
                        consent, the procedure for promptly notifying 
                        parents of such examination or screening 
                        subsequent to such examination or screening.''; 
                        and
                    (D) by amending subparagraph (E) to read as 
                follows:
                    ``(E) The prohibition on the collection, 
                disclosure, or use of personal information collected 
                from students for the purpose of marketing or for 
                selling that information (or otherwise providing that 
                information to others for that purpose), other than for 
                a legitimate educational purpose to improve the 
                education of students as described in paragraph (4), 
                and the arrangements to protect student privacy that 
                are provided by the agency in the event of such 
                collection, disclosure, or use for such a legitimate 
                educational purpose.''.
    (d) Parental Notification.--Paragraph (2) of section 445(c) of the 
General Education Provisions Act (20 U.S.C. 1232h(c)) is amended--
            (1) in the paragraph heading, by inserting ``consultation 
        and'' before ``notification'';
            (2) by redesignating subparagraphs (A) through (C) as 
        subparagraphs (B) through (D), respectively;
            (3) in subparagraph (B) (as so redesignated)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) by amending clause (ii) to read as follows:
                            ``(ii) in the case of an activity described 
                        in clause (i) or (iii) of subparagraph (D), 
                        offer an opportunity and clear instructions for 
                        the parent (or in the case of a student who is 
                        an adult or emancipated minor, the student) to 
                        opt the student out of participation in such 
                        activity;''; and
                    (C) by adding at the end the following:
                            ``(iii) in the case of an activity 
                        described in subparagraph (D)(i), a description 
                        of how such activity is for a legitimate 
                        educational purpose to improve the education of 
                        students as described in paragraph (4); and
                            ``(iv) not require a student to submit to a 
                        survey described in subparagraph (D)(ii) 
                        without the prior written consent of the 
                        student (if the student is an adult or 
                        emancipated minor), or in the case of an 
                        unemancipated minor, without the prior written 
                        consent of the parent, which is provided 
                        specifically for such survey.'';
            (4) by inserting before subparagraph (B) (as so amended and 
        redesignated), the following:
                    ``(A) Parental consultation.--The parental 
                consultation required for the purpose of developing and 
                adopting policies under paragraphs (1) and (3) by a 
                local educational agency shall ensure that such policy 
                is developed with meaningful engagement by parents of 
                students enrolled in schools served by that agency.''; 
                and
            (5) in subparagraph (D) (as redesignated by paragraph 
        (2))--
                    (A) by amending clause (i) to read as follows:
                            ``(i) Activities involving the collection, 
                        disclosure, or use of personal information 
                        collected from students for a legitimate 
                        educational purpose to improve the education of 
                        students as described in paragraph (4).''; and
                    (B) in clause (iii), by striking ``invasive 
                physical'' and inserting ``medical''.
    (e) Updates to Existing Policies.--Paragraph (3) of section 445(c) 
of the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended 
to read as follows:
            ``(3) Updates to existing policies.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Parents Bill of Rights 
                Act, a local educational agency that receives funds 
                under any applicable program shall--
                            ``(i) review policies covering the 
                        requirements of paragraph (1) as in effect on 
                        the day before such date of enactment; and
                            ``(ii) develop and update such policies to 
                        reflect the changes made to paragraph (1) by 
                        the amendments made by the Parents Bill of 
                        Rights Act.
                    ``(B) Consultation and notification.--In developing 
                and updating the policies under subparagraph (A), the 
                agency shall comply with the consultation and 
                notification requirements under paragraph (2).''.
    (f) Exceptions.--Paragraph (4)(A) of section 445(c) of the General 
Education Provisions Act (20 U.S.C. 1232h(c)) is amended by amending 
the matter preceding clause (i) to read as follows:
                    ``(A) Educational products or services.--For 
                purposes of paragraph (1)(E), the collection, 
                disclosure, or use of personal information collected 
                from students for a legitimate educational purpose to 
                improve the education of students means the exclusive 
                purpose of developing, evaluating, or providing 
                educational products or services for, or to, students 
                or schools, such as the following:''.
    (g) Definitions.--Paragraph (6) of section 445(c) of the General 
Education Provisions Act (20 U.S.C. 1232h(c)) is amended--
            (1) by amending subparagraph (B) to read as follows:
                    ``(B) Medical examination or screening.--The term 
                `medical examination or screening' means any medical 
                examination or screening that involves the exposure of 
                private body parts, or any act during such examination 
                or screening that includes incision, insertion, or 
                injection into the body, or a mental health or 
                substance use disorder screening, except that such term 
                does not include a hearing, vision, or scoliosis 
                screening, or an observational screening carried out to 
                comply with child find obligations under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.).''; and
            (2) in subparagraph (E)--
                    (A) in clause (iii), by striking ``or'';
                    (B) in clause (iv), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(v) an email address.''.
    (h) Enforcement and Reporting.--Subsection (e) of section 445 of 
the General Education Provisions Act (20 U.S.C. 1232h) is amended to 
read as follows:
    ``(e) Enforcement and Reporting.--
            ``(1) Enforcement.--The Secretary shall take such action as 
        the Secretary determines appropriate to enforce this section, 
        except that action to terminate assistance provided under an 
        applicable program shall be taken only if the Secretary 
        determines that--
                    ``(A) there has been a failure to comply with such 
                section; and
                    ``(B) compliance with such section cannot be 
                secured by voluntary means.
            ``(2) Reporting.--
                    ``(A) Local educational agencies.--On an annual 
                basis, each local educational agency (as such term is 
                defined in subsection (c)(6)(C)) that receives funds 
                under any applicable program shall--
                            ``(i) without identifying any personal 
                        information of a student or students, report to 
                        the State educational agency any enforcement 
                        actions or investigations carried out for the 
                        preceding school year to ensure compliance with 
                        this section; and
                            ``(ii) publish such information on its 
                        website or through other public means used for 
                        parental notification if the agency does not 
                        have a website.
                    ``(B) States.--On an annual basis, each State 
                educational agency shall provide to the Secretary a 
                report, with respect to the preceding school year, that 
                includes all actions local educational agencies have 
                reported under subparagraph (A), and a description of 
                the enforcement actions the State educational agency 
                took to ensure parents' rights were protected.
                    ``(C) Secretary.--Not later than 1 year after the 
                date of enactment of the Parents Bill of Rights Act, 
                and annually thereafter, the Secretary shall submit 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--
                            ``(i) the reports received under 
                        subparagraph (B); and
                            ``(ii) a description of the enforcement 
                        actions taken by the Secretary under this 
                        subsection and section 444(f) to ensure full 
                        compliance with this section and section 444, 
                        respectively.''.

      TITLE III--PROHIBITION ON FEDERAL INVOLVEMENT IN CURRICULUM

SEC. 301. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to authorize any department, 
agency, officer, or employee of the United States to exercise any 
direction, supervision, or control over the curriculum, program of 
instruction, administration, or personnel of any educational 
institution, school, or school system.

TITLE IV--GENDER MARKERS, PRONOUNS, AND PREFERRED NAMES ON SCHOOL FORMS

SEC. 401. REQUIREMENT RELATED TO GENDER MARKERS, PRONOUNS, AND 
              PREFERRED NAMES ON SCHOOL FORMS.

    As a condition of receiving Federal funds from the Department of 
Education, any elementary school (as such term is defined in section 
8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801)) or school that consists of only middle grades (as such term is 
defined in such section), that receives such Federal funds shall be 
required to obtain parental consent before--
            (1) changing a minor child's gender markers, pronouns, or 
        preferred name on any school form; or
            (2) allowing a child to change the child's sex-based 
        accommodations, including locker rooms or bathrooms.

                  TITLE V--ACCESS TO SCHOOL BROADBAND

SEC. 501. SENSE OF CONGRESS.

    It is the sense of Congress that all public elementary and public 
secondary school (including public secondary career and technical 
education school) students should have access to broadband.

                      TITLE VI--SENSE OF CONGRESS

SEC. 601. SENSE OF CONGRESS.

    It is the sense of Congress that all public elementary school and 
secondary school (including public secondary career and technical 
education school) students should have opportunities to learn the 
history of the Holocaust and anti-Semitism.

                         TITLE VII--GAO REPORT

SEC. 701. GAO REPORT.

    Not later than one year after the date of enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Education and the Workforce and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions and the Committee on 
Appropriations of the Senate a report that evaluates and analyzes the 
impact of this Act, and the amendments made by this Act, on--
            (1) protecting parents' rights in the education of their 
        children; and
            (2) costs to State educational agencies, local educational 
        agencies, elementary schools, and secondary schools (as such 
        terms are defined in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801)).

 TITLE VIII--RULE OF CONSTRUCTION ON STUDENT ACCESS TO BOOKS AND OTHER 
                           READING MATERIALS

SEC. 801. RULE OF CONSTRUCTION ON STUDENT ACCESS TO BOOKS AND OTHER 
              READING MATERIALS.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed as authorizing or granting parents the right or ability to 
deny any student who is not their child from accessing any books or 
other reading materials that are otherwise available in the library of 
their child's school.

            TITLE IX--INAPPLICABILITY TO NON-PUBLIC SCHOOLS

SEC. 901. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to impose any requirements on 
non-public elementary or secondary schools.

SEC. 902. SENSE OF CONGRESS.

    It is the sense of Congress that local educational agencies do not 
have the authority to exercise any direction, supervision, or control 
over the curriculum or program of instruction of non-public elementary 
or secondary schools.

            Passed the House of Representatives March 24, 2023.

            Attest:

                                                                 Clerk.
118th CONGRESS

  1st Session

                                H. R. 5

_______________________________________________________________________

                                 AN ACT

   To ensure the rights of parents are honored and protected in the 
                        Nation's public schools.