[House Report 118-12]
[From the U.S. Government Publishing Office]


118th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                             { 118-12

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5) TO ENSURE THE RIGHTS 
  OF PARENTS ARE HONORED AND PROTECTED IN THE NATION'S PUBLIC SCHOOLS

                                _______
                                

   March 22, 2023.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

              Mrs. Houchin, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 241]

    The Committee on Rules, having had under consideration 
House Resolution 241, by a record vote of 9 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5, the 
Parents Bill of Rights Act, under a structured rule. The 
resolution provides two hours of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Education and the Workforce or their respective 
designees. The resolution waives all points of order against 
consideration of the bill. The resolution provides that an 
amendment in the nature of a substitute consisting of the text 
of Rules Committee Print 118-2 shall be considered as adopted 
and the bill, as amended, shall be considered as read. The 
resolution waives all points of order against the amendment in 
the nature of a substitute to H.R. 5 made in order as original 
text. The resolution further makes in order only those 
amendments printed in this report. Each such amendment may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. All points of order 
against the amendments are waived. The resolution provides one 
motion to recommit.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 5 includes a waiver of clause 3(e) of rule XIII, which 
requires the inclusion of a comparative print for a bill or 
joint resolution proposing to repeal or amend a statute.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 5, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 22

    Motion by Mr. McGovern to amend the rule to make in order 
amendment #16 to H.R. 5, offered by Representative Grijalva, 
which would prohibit the Act to be construed to allow the 
banning or censorship of books in public elementary or public 
secondary schools. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................  ............  Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............  ............
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 23

    Motion by Mr. McGovern to amend the rule to make in order 
amendment #24 to H.R. 5, offered by Representative Landsman, 
which allows for individual school districts to opt-out of 
compliance with the Act in order to maintain local control. 
Defeated: 3-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............  ............
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 24

    Motion by Ms. Scanlon to amend the rule to make in order 
amendment #18 to H.R. 5, offered by Representative Frost, which 
would amend the Sense of Congress on First Amendment Rights to 
state that parents have a First Amendment right to express 
support for their children accessing best practice medical 
care. Defeated: 3-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............  ............
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 25

    Motion by Mrs. Houchin to report the rule. Adopted: 9-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................          Nay
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............  ............
Mr. Norman......................................          Yea
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
----------------------------------------------------------------------------------------------------------------

           SUMMARY OF THE AMENDMENTS TO H.R. 5 MADE IN ORDER

    1. Bacon (NE): Requires Local Education Agencies (LEA) to 
provide the parents of a child who is a student in an 
elementary school or secondary school the number of school 
counselors in that school. (10 minutes)
    2. Foxx (NC): Amends H.R. 5 to align the list of rights 
school districts must provide notice of to actions school 
districts must take; amends a sense of Congress to express 
support for parents fundamental rights to direct the education 
of their children and that courts should use the strict 
scrutiny test to evaluate laws involving those rights. (10 
minutes)
    3. Boebert (CO): Amends Section 104 to include Parent's 
Right to Know if their child's school operates, sponsors, or 
facilitates athletic programs or activities to permit a person 
whose biological sex is male to participate in an athletic 
program or activity that is designated for women or girls. (10 
minutes)
    4. Boebert (CO): Amends Section 104 to include Parent's 
Right to Know if their child's school allows a person whose 
biological sex is male to use restrooms or changing rooms 
designated for women or girls. (10 minutes)
    5. Bonamici (OR): Strikes line 1 and all that follows in 
H.R.5. Includes a findings section and sense of Congress 
regarding public education and rights that parents have access 
to in public schools. Includes titles creating a parent 
coordinator position in public schools, increasing the 
authorization level for Full-Service Community Schools, 
increasing the authorization level for Statewide Family 
Engagement Centers, and establishing rules of construction 
prohibiting the banning of books or certain curricular 
materials. (10 minutes)
    6. Crane (AZ), Greene (GA): Adds a private right of action 
for parents to hold schools accountable for not honoring the 
rights set forth in Title I and Title II of this bill. (10 
minutes)
    7. Davidson (OH): Prohibits federal funds under Title I and 
Title II from going to a local educational agency unless they 
hold an open enrollment period. (10 minutes)
    8. Fitzpatrick (PA): Amends the bill to require the 
Comptroller General of the United States (GAO) to submit a 
report to Congress on the cost of the requirements of H.R. 5 to 
SEAs, LEAs, and elementary and secondary schools and requires 
the report to also analyze and evaluate the impact of H.R. 5 on 
protecting parents' rights in the education of the children. 
(10 minutes)
    9. Garbarino (NY), D'Esposito (NY): Provides that nothing 
in this Act, or the amendments made by this Act, should be 
construed as authorizing or granting parents the ability to 
deny any student who is not their own child from accessing any 
books or other reading materials otherwise available in the 
library of their child's school. (10 minutes)
    10. Green (TN): Revises the bill to include the right to 
timely notice of any major cyberattack against their child's 
school that may have compromised student or parent information. 
(10 minutes)
    11. Hunt (TX): Revises H.R.5 to add a provision including 
whether diversity, equity, and inclusion initiatives factor 
into a school's plan to eliminate gifted and talented programs. 
(10 minutes)
    12. Jacobs (CA): Strikes ``at no cost'' in the new 
paragraph (1)(A) of section 1112(e) of the ESEA, as added by 
section 104(2) of the bill. (10 minutes)
    13. Jacobs (CA): Strikes the provisions relating to 
reviewing professional development materials in sections 104 
and 202. (10 minutes)
    14. Lawler (NY): Ensures this bill does not impose 
requirements on non-public elementary or secondary schools. 
Adds a sense of Congress that LEAs do not have authority over 
the curriculums of non-public elementary or secondary schools. 
(10 minutes)
    15. Massie (KY), Boebert (CO), Gaetz (FL), Self (TX): Adds 
a sense of Congress that the authority of the Department of 
Education and the Secretary of Education to operate or 
administer any office or program related to elementary or 
secondary education should be terminated on or before December 
31, 2023. (10 minutes)
    16. McCormick (GA): Establishes that parents will be 
granted the opportunity to address their school board regarding 
a complaint about a violation of parental rights. (10 minutes)
    17. McCormick (GA): Establishes parents' right to be 
informed of non-curriculum-based initiatives and events, and 
allows parents to opt-in their children to such initiatives and 
events. (10 minutes)
    18. Miller (OH): Expands the definition of schools to 
include secondary career and technical schools. (10 minutes)
    19. Roy (TX): Allows Title I funds to follow the student to 
the school they attend (i.e., public, private, or home school). 
These funds may be used for educational and instructional 
materials, tutoring, tuition for private school, and 
extracurricular activities. (10 minutes)
    20. Roy (TX): Ensures all funds made available under the 
Elementary and Secondary Education Act of 1965 after the date 
of the enactment shall be consolidated and awarded to each 
State. (10 minutes)
    21. Smith (NJ): Requires that the local educational agency 
discloses to parents any videos or recordings of violent 
activity of which they are aware. (10 minutes)
    22. Tenney (NY): Adds plans to eliminate college credit 
courses to the list of required disclosures. (10 minutes)

               TEXT OF AMENDMENTS TO H.R. 5 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Bacon of Nebraska or 
                 His Designee, Debatable for 10 Minutes

  Page 9, line 4, strike ``and'' at the end.
  Page 9, line 9, strike the period, closed quotation mark, and 
semicolon and insert ``; and''.
  Page 9, after line 9, insert the following:
                  ``(O) the right to be informed of the total 
                number of school counselors in their child's 
                school.''.
  Page 11, line 4, strike the closed quotation mark and ``; 
and''.
  Page 11, after line 4, insert the following new clause:
                          ``(v) School counselors.--A local 
                        educational agency receiving funds 
                        under this part shall ensure that each 
                        elementary school and secondary school 
                        served by such agency provides the 
                        parents of each child who is a student 
                        in such school the information 
                        described in paragraph (1)(O).''.
                              ----------                              


2. An Amendment To Be Offered by Representative Foxx of North Carolina 
               or Her Designee, Debatable for 10 Minutes

  Page 6, line 13, insert after ``right'' the following: 
``(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)''.
  Page 11, line 4, strike the closed quotes, and ``; and'', and 
insert the following:
                          ``(v) Enrollment options.--A local 
                        educational agency receiving funds 
                        under this part shall ensure that each 
                        elementary school and secondary school 
                        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.
                          ``(vi) School employee or contractor 
                        actions.--A local educational agency 
                        receiving funds under this part shall 
                        ensure that each elementary school and 
                        secondary school 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).
                          ``(vii) School and student safety.--A 
                        local educational agency receiving 
                        funds under this part shall ensure that 
                        each elementary school and secondary 
                        school 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).
                          ``(viii) Professional development 
                        materials.--A local educational agency 
                        receiving funds under this part shall 
                        ensure that each elementary school and 
                        secondary school 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); and''.
  Page 12, line 3, strike ``Title VIII'' and insert the 
following:
  (a) In General.--Title VIII
  Page 13, after line 21, insert the following:
  (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.
  Page 12, after line 11, insert the following new paragraph, 
and redesignate the succeeding paragraphs accordingly:
          ``(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'.''.
  Page 13, strike lines 15 through 21, and insert the 
following:
  ``(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.''.
  Page 28, line 22, insert ``from the Department of Education'' 
after ``Federal funds''.
  Page 29, line 2, insert ``such'' before ``Federal funds''.
                              ----------                              


3. An Amendment To Be Offered by Representative Boebert of Colorado or 
                 Her Designee, Debatable for 10 Minutes

  Page 9, line 4, strike ``and''.
  Page 9, line 9, strike the semicolon, closed quotation marks, 
and period and insert ``; and''.
  Page 9, after line 9, insert the following:
                  ``(O) 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.''.
  Page 11, line 4, strike the closed quotation marks and ``; 
and''.
  Page 11, after line 4, insert the following:
                          ``(v) Athletic programs or 
                        activities.--A local educational agency 
                        receiving funds under this part shall 
                        ensure that each elementary school and 
                        secondary school served by such agency 
                        provides the parents of each child who 
                        is a student in such school the 
                        information described in paragraph 
                        (1)(O).''; and
                              ----------                              


4. An Amendment To Be Offered by Representative Boebert of Colorado or 
                 Her Designee, Debatable for 10 Minutes

  Page 9, line 4, strike ``and''.
  Page 9, line 9, strike the semicolon, closed quotation marks, 
and period and insert ``; and''.
  Page 9, after line 9, insert the following:
                  ``(O) 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.''.
  Page 11, line 4, strike the closed quotation marks and ``; 
and''.
  Page 11, after line 4, insert the following:
                          ``(v) Accommodations.--A local 
                        educational agency receiving funds 
                        under this part shall ensure that each 
                        elementary school and secondary school 
                        served by such agency provides the 
                        parents of each child who is a student 
                        in such school the information 
                        described in paragraph (1)(O).''; and
                              ----------                              


 5. An Amendment To Be Offered by Representative Bonamici of Oregon or 
                 Her Designee, Debatable for 10 Minutes

  Page 1, strike line 1 and all that follows and insert the 
following:

                  TITLE I--FINDINGS; SENSE OF CONGRESS

SEC. 101. FINDINGS.

  Congress finds the following:
          (1) Education is fundamental to the development of 
        individual citizens and the progress of the Nation.
          (2) There is a continuing need to ensure equal access 
        for all students to educational opportunities of high 
        quality, and such educational opportunities should not 
        be denied because of race, religion, color, national 
        origin, disability, or sex (including sexual 
        orientation and gender identity).
          (3) Parents have the primary responsibility for the 
        education of their children, and States and localities 
        have the primary responsibility for supporting that 
        parental role.
          (4) In our Federal system, the primary public 
        responsibility for education is reserved respectively 
        to the States and the local school systems and other 
        instrumentalities of the States.
          (5) The importance of education is increasing as new 
        technologies and alternative approaches to traditional 
        education are considered, as society becomes more 
        complex, and as equal opportunities in education and 
        employment are promoted.
          (6) The purposes of the Department of Education 
        include--
                  (A) to strengthen the Federal commitment to 
                ensuring access to equal educational 
                opportunity for every individual;
                  (B) to supplement and complement the efforts 
                of States, the local school systems and other 
                instrumentalities of the States, the private 
                sector, public and private educational 
                institutions, public and private nonprofit 
                educational research institutions, community-
                based organizations, parents, and students to 
                improve the quality of education;
                  (C) to encourage the increased involvement of 
                the public, parents, and students in Federal 
                education programs;
                  (D) to promote improvements in the quality 
                and usefulness of education through federally 
                supported research, evaluation, and sharing of 
                information;
                  (E) to improve the coordination of Federal 
                education programs;
                  (F) to improve the management and efficiency 
                of Federal education activities, especially 
                with respect to the processes, procedures, and 
                administrative structures for the dispersal of 
                Federal funds, as well as the reduction of 
                unnecessary and duplicative burdens and 
                constraints, including unnecessary paperwork, 
                on the recipients of Federal funds; and
                  (G) to increase the accountability of Federal 
                education programs to the President, the 
                Congress, and the public.
          (7) Parents, families, students, educators, and 
        community members are key stakeholders in the public 
        education system and provide valuable input with 
        respect to such education system.
          (8) When parents, families, students, schools, and 
        community members work together, students have better 
        school attendance, earn higher grades and test scores, 
        and have greater long-term success.
          (9) All students deserve an education that helps them 
        develop important life skills and prepares them for 
        success in and beyond the classroom.
          (10) An inclusive education benefits all students, 
        not just by making them feel valued and accepted, but 
        also by helping them build important knowledge and 
        skills that will prepare them for future success and 
        create a safer environment for all students.
          (11) The United States has much to be proud of and 
        learning about the history of our Nation helps students 
        see how far we've come and how they can continue our 
        progress.
          (12) Federal law contains numerous provisions that 
        protect parental rights in elementary and secondary 
        education, including the following:
                  (A) Sections 1111(b)(2)(B)(x), 1112(e)(4), 
                and 1116(f) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 
                6311(b)(2)(B)(x); 6312(e)(4); 6318(f)) give 
                parents the right to receive communications 
                from schools, to the extent practicable, in a 
                language that they can understand.
                  (B) Section 1111(d) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6311(d)) gives parents of children in a school 
                identified for support and improvement the 
                right to be involved in the development of the 
                support and improvement plan for the school to 
                improve student outcomes.
                  (C) Section 1111(h) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6311(h)) gives parents the right to know how 
                their child's school is performing.
                  (D) Section 1112(e)(1) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6312(e)(1)), gives parents of children in 
                schools receiving funds under part A of title I 
                of such Act the right to--
                          (i) know the professional 
                        qualifications of the teachers and 
                        paraprofessionals who teach their 
                        children;
                          (ii) receive information about the 
                        level of achievement of their children; 
                        and
                          (iii) receive notice that their 
                        children have been taught for 4 or more 
                        consecutive weeks by a teacher who does 
                        not meet applicable State certification 
                        or licensure requirements.
                  (E) Section 1112(e)(2) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6312(e)(2)), gives parents of children in 
                schools receiving funds under part A of title I 
                of such Act the right to information regarding 
                any State or local educational agency policy 
                regarding student participation in any 
                assessments mandated by section 1111(b)(2) of 
                such Act and by the State or local educational 
                agency, which must include a policy, procedure, 
                or parental right to opt the child out of such 
                assessments, where applicable.
                  (F) Section 1112(e)(3)(A) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6312(e)(3)(A)) gives parents of children 
                identified as English learners and who are 
                participating in a language instruction 
                educational program under title I or title III 
                of such Act the right to receive information 
                with respect to the reasons for that 
                identification, level of English proficiency, 
                methods of instruction, academic needs, exit 
                criteria, individualized education plan 
                objectives, if applicable, and the right to 
                remove their children from the program.
                  (G) Section 1112(e)(3)(C) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6312(e)(3)(C)) gives parents of English 
                learners in a local educational agency that 
                receives funds under part A of title I of such 
                Act the right to receive information with 
                respect to how the parents can be involved in 
                the education of their children and be active 
                participants in assisting their children.
                  (H) Section 1114(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6314(b)) gives parents of children in a school 
                with a schoolwide program plan under title I of 
                such Act the right to be involved in the 
                development of the schoolwide program plan and 
                for the information contained in such plan to 
                be in an understandable and uniform format and, 
                to the extent practicable, provided in a 
                language that the parents can understand.
                  (I) Section 1116(a) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6318(a)) gives parents of children in a local 
                educational agency that receives funds under 
                part A of title I of such Act the right to 
                meaningfully participate in the development of 
                a district parent and family engagement policy.
                  (J) Section 1116(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6318(b)) gives parents of children in a school 
                that receives funds under part A of title I of 
                such Act the right to participate in and 
                approve a written parent and family engagement 
                policy, and to be notified of the policy in an 
                understandable and uniform format and, to the 
                extent practicable, provided in a language that 
                the parents can understand.
                  (K) Section 1116(c) of the Elementary 
                Secondary Education Act of 1965 (20 U.S.C. 
                6318(c)) gives parents of children in a school 
                that receives funds under part A of title I of 
                such Act the right--
                          (i) to attend, at the school's 
                        invitation and encouragement, an annual 
                        meeting--
                                  (I) where parents will be 
                                informed about the school's 
                                participation in part A of 
                                title I of such Act;
                                  (II) that explains the 
                                requirements of such part, 
                                including that parents have a 
                                right to be involved; and
                                  (III) that discusses parent 
                                and family engagement policy;
                          (ii) to be involved in the planning, 
                        review, and improvement of programs 
                        including the school parent and family 
                        engagement policy and the joint 
                        development of the schoolwide program;
                          (iii) timely information about such 
                        programs, a description and explanation 
                        of the curriculum in use at the school, 
                        the forms of academic assessment used 
                        to measure student progress, and the 
                        achievement levels of the challenging 
                        State academic standards; and
                          (iv) if requested by parents, 
                        opportunities for regular meetings to 
                        make suggestions and participate, as 
                        appropriate, in decisions relating to 
                        the education of their children.
                  (L) Section 1116(d) of the Elementary 
                Secondary Education Act of 1965 (20 U.S.C. 
                6318(d)) gives parents the right to jointly 
                develop with their child's school, if the 
                school receives funds under part A of title I 
                of such Act, a school-parent compact that 
                outlines how parents, the school staff, and 
                students will share responsibility for improved 
                student academic achievement and how the school 
                and parents will build and develop a 
                partnership to help the children achieve the 
                State's high standards, including--
                          (i) the importance of ongoing 
                        communication between teachers and 
                        parents through parent-teacher 
                        conferences;
                          (ii) frequent reports to parents 
                        about their children's progress;
                          (iii) reasonable access to staff; and
                          (iv) opportunities to volunteer and 
                        participate in their child's class and 
                        observe classroom activities.
                  (M) Section 1116(e) of the Elementary 
                Secondary Education Act of 1965 (20 U.S.C. 
                6318(e)) requires school and local educational 
                agency served under part A of title I of the 
                Act--
                          (i) to provide to parents assistance, 
                        materials, and training to ensure 
                        effective involvement of parents and to 
                        support a partnership among the school 
                        involved, the parents, and the 
                        community to improve student academic 
                        achievement;
                          (ii) to educate teachers, specialized 
                        instructional support personnel, 
                        principals, and other school leaders 
                        and staff about--
                                  (I) the value and utility of 
                                contributions of parents; and
                                  (II) how to--
                                          (aa) reach out to, 
                                        communicate with, and 
                                        work with parents as 
                                        equal partners;
                                          (bb) implement and 
                                        coordinate parent 
                                        programs; and
                                          (cc) build ties 
                                        between parents and the 
                                        school; and
                          (iii) to receive information related 
                        to school and parent programs, 
                        meetings, and other activities in a 
                        format and, to the extent practicable, 
                        a language the parents can understand.
                  (N) Section 1116(g) of the Elementary 
                Secondary Education Act of 1965 (20 U.S.C. 
                6318(g)) requires schools and local educational 
                agencies in a State operating a Statewide 
                Family Engagement Center under part E of title 
                IV of this Act, to be informed about the 
                existence of the program.
                  (O) Section 4001(a) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                7101(a)) requires a State, local educational 
                agency, or other entity receiving funds under 
                title IV of such Act to obtain from parents 
                prior written, informed consent for a child 
                under age 18 to participate in any mental 
                health assessment or service that is funded 
                under such title IV of such Act and conducted 
                in connection with an elementary or secondary 
                school under such title of such Act.
                  (P) Section 4502 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                7242) authorizes the Secretary of Education to 
                award grants to establish Statewide Family 
                Engagement Centers to carry out parent 
                education and family engagement in education 
                programs, or provide comprehensive training and 
                technical assistance to State educational 
                agencies, local educational agencies, schools 
                identified by State educational and local 
                educational agencies, organizations that 
                support family-school partnerships and other 
                organizations that carry out such programs.
                  (Q) Section 8528(a)(2)(A) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                7908(a)(2)(A))--
                          (i) gives parents of secondary school 
                        students the right to submit a written 
                        request to their child's local 
                        educational agency that receives funds 
                        under such Act that their child's name, 
                        address, and telephone listing not be 
                        released to military recruiters without 
                        the prior written consent of the 
                        parents; and
                          (ii) upon receiving such a request, 
                        prohibits the local educational agency 
                        from releasing the student's name, 
                        address, and telephone listing for such 
                        purposes without the prior written 
                        consent of the parent.
                  (R) Section 8542 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                7922) prohibits the Department of Education 
                from relying on such Act to--
                          (i) prohibit a parental determination 
                        that a child may travel to or from 
                        school on foot or by car, bus, or bike 
                        when the parents of the child have 
                        given permission; or
                          (ii) expose parents to civil or 
                        criminal charges for allowing their 
                        child to responsibly and safely travel 
                        to and from school by a means the 
                        parents believe is age appropriate.
                  (S) Section 444 of the General Education 
                Provisions Act (20 U.S.C. 1232g) gives parents 
                the right, with respect to student education 
                records maintained by educational agencies or 
                institutions, to--
                          (i) inspect and review such education 
                        records;
                          (ii) seek amendment of such education 
                        records where they contain information 
                        that is inaccurate, misleading, or 
                        otherwise in violation of the privacy 
                        rights of a student; and
                          (iii) with some exceptions, exercise 
                        some control over the disclosure of 
                        personally identifiable information 
                        from such education records.
                  (T) Section 445(c)(1) of the General 
                Education Provisions Act (20 U.S.C. 
                1232h(c)(1)) requires that parents be consulted 
                about the development and adoption of policies 
                by a local educational agency, which is defined 
                for purposes of that subsection to include an 
                elementary school, secondary school, school 
                district, or local board of education that 
                receives funds under an applicable program, to 
                provide parents with the right to inspect, upon 
                request--
                          (i) certain surveys;
                          (ii) instruments used to collect 
                        personal information from students for 
                        the purpose of marketing or sale (or 
                        otherwise distributing such information 
                        for that purpose), with some 
                        exceptions; and
                          (iii) instructional materials used as 
                        part of the educational curriculum for 
                        the student.
                  (U) Section 445(c)(2) of the General 
                Education Provisions Act (20 U.S.C. 
                1232h(c)(2)) requires a local educational 
                agency, which is defined for purposes of that 
                subsection to include an elementary school, 
                secondary school, school district, or local 
                board of education that receives funds under an 
                applicable program, to provide parents with 
                advance notice, and an opportunity to opt a 
                student out, of--
                          (i) activities involving the 
                        collection, disclosure, or use of 
                        personal information collected from 
                        students for the purpose of marketing 
                        or sale (or to otherwise distribute 
                        such information to others for that 
                        purpose), with some exceptions;
                          (ii) non-emergency, invasive physical 
                        examination or screening required as a 
                        condition of attendance, administered 
                        by their school, scheduled by their 
                        school in advance, and not necessary to 
                        protect the immediate health and safety 
                        of a student, with some exceptions; and
                          (iii) certain surveys.
                  (V) Section 445(b) of the General Education 
                Provisions Act (20 U.S.C. 1232h(b)) gives 
                parents the right to consent before an 
                unemancipated minor student is required to 
                submit to a survey, analysis, or evaluation 
                that is funded by the Department of Education 
                if that survey concerns one or more of the 
                following protected areas--
                          (i) political affiliations or beliefs 
                        of the student or the student's parent;
                          (ii) mental or psychological problems 
                        of the student or student's family;
                          (iii) sex behavior or attitudes;
                          (iv) illegal, anti-social, self-
                        incriminating, or demeaning behavior;
                          (v) critical appraisals of other 
                        individuals with whom respondents have 
                        close family relationships;
                          (vi) legally recognized privileged or 
                        analogous relationships, such as those 
                        of lawyers, physicians, and ministers;
                          (vii) religious practices, 
                        affiliations, or beliefs of the student 
                        or student's parent; or
                          (viii) income (other than that 
                        required by law to determine 
                        eligibility for participation in a 
                        program or for receiving financial 
                        assistance under such program).

SEC. 102. SENSE OF CONGRESS.

  It is the sense of Congress that students deserve school 
environments that promote--
          (1) the ability of teachers and administrators to 
        encourage students to reach their full potential and 
        take actions that help them meet that goal;
          (2) the empowerment of parents to engage in their 
        child's education and help them succeed;
          (3) significant opportunity for all children to 
        receive a fair, equitable, and high-quality education, 
        and to close educational achievement gaps;
          (4) learning environments free from discrimination; 
        and
          (5) an education that is free from censorship.

                      TITLE II--PARENT COORDINATOR

SEC. 201. PARENT COORDINATOR.

  (a) In General.--For each local educational agency (as 
defined in section 8101 of the Elementary and Secondary 
Education Act of 1965 (8 U.S.C. 7801)) that receives financial 
assistance under such Act, the following requirements shall 
apply as a condition on continued receipt of such assistance:
          (1) The recipient shall ensure that each elementary 
        school and each secondary school under the jurisdiction 
        of the agency has at least 1 full-time employee 
        designated to serve as a parent coordinator.
          (2) The recipient shall ensure that students, 
        parents, school staff, and parent groups are made aware 
        of these employees and their roles.
          (3) A parent coordinator should not have any other 
        school-related responsibilities that may create a 
        conflict of interest, including serving in the school 
        administrative leadership or local educational agency 
        administrative leadership (such as serving as a 
        principal, vice principal, headmaster, superintendent, 
        board member, or general counsel).
  (b) Duties.--Each parent coordinator described in subsection 
(a) shall--
          (1) establish partnerships with parents, parent-
        teacher associations, and other parent groups within 
        the community to provide resources and support for 
        parents, students, and schools;
          (2) ensure that parents, parent-teacher associations, 
        and other parent groups within the community are 
        familiar with the academic expectations of a school in 
        order to improve student success;
          (3) strengthen relationships between the school and 
        parents in the community;
          (4) ensure that parents understand their rights under 
        section 1116 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6318), including--
                  (A) the right to meaningfully participate in 
                the development of--
                          (i) a parent and family engagement 
                        policy for the local educational agency 
                        in accordance with subsection (a) of 
                        such section; and
                          (ii) a parent and family engagement 
                        policy of the school in accordance with 
                        subsection (b) of such section;
                  (B) the right to attend, at the school's 
                invitation and encouragement, an annual 
                meeting--
                          (i) where parents will be informed 
                        about the school's participation in 
                        part A of title I of such Act (20 
                        U.S.C. 6311 et seq.);
                          (ii) that explains the requirements 
                        of such part, including that parents 
                        have the right to be involved; and
                          (iii) that discusses parent and 
                        family engagement policy; and
                  (C) the right to timely information about 
                programs under this part, including a 
                description and explanation of, the curriculum 
                in use at the school, the forms of academic 
                assessment used to measure student progress, 
                and the achievement levels of the challenging 
                State academic standards;
          (5) ensure that parents understand their right to 
        give consent before allowing the child to participate 
        in any mental health assessment or service funded by 
        title IV of such Act (20 U.S.C. 7101 et seq.); and
          (6) in carrying out paragraphs (1) through (5), focus 
        on parents from underrepresented groups.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section such sums as may be 
necessary for fiscal year 2024 and each of the 5 succeeding 
fiscal years.

                       TITLE III--ESEA AMENDMENTS

SEC. 301. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.

  Section 4506 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7246) is amended by striking ``$10,000,000 for 
each of fiscal years 2017 through 2020'' and inserting 
``$60,000,000 for each of fiscal years 2024 through 2029''.

SEC. 302. FULL-SERVICE COMMUNITY SCHOOLS.

  Section 4601 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7251) is amended--
          (1) in the matter preceding paragraph (1) of 
        subsection (a), by inserting ``(except for section 
        4625)'' after ``part'';
          (2) in the matter preceding clause (i) of subsection 
        (b)(2)(B), by inserting ``(except for section 4625)'' 
        after ``subpart 2''; and
          (3) by adding at the end the following:
  ``(c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out section 4625--
          ``(1) $500,000,000 for fiscal year 2024;
          ``(2) $600,000,000 for fiscal year 2025;
          ``(3) $700,000,000 for fiscal year 2026;
          ``(4) $850,000,000 for fiscal year 2027; and
          ``(5) $1,000,000,000 for fiscal year 2028.''.

                    TITLE IV--RULES OF CONSTRUCTION

SEC. 401. PROHIBITION ON BOOK BANS AND CENSORSHIP.

  Nothing in this Act may be construed to allow the banning or 
censorship of books in public elementary or public secondary 
schools.

SEC. 402. PROHIBITION ON FEDERAL INVOLVEMENT IN CURRICULUM.

  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 or program of instruction of any educational 
institution, school, or school system, including with respect 
to--
          (1) Black history;
          (2) Asian American, Native Hawaiian, and Pacific 
        Islander history;
          (3) Latino history;
          (4) Native American history;
          (5) women's history;
          (6) LGBTQ+ history; and
          (7) history of the Holocaust or anti-Semitism.
                              ----------                              


6. An Amendment To Be Offered by Representative Crane of Arizona or His 
                   Designee, Debatable for 10 Minutes

  Page 29, after line 20, insert the following:

                   TITLE VII--PRIVATE RIGHT OF ACTION

SEC. 701. PRIVATE RIGHT OF ACTION.

  (a) In General.--A parent aggrieved by a failure to comply 
with a provision of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6301 et seq.) amended by title I of this 
Act, or a provision of the General Education Provisions Act (20 
U.S.C. 1221 et seq.) amended by title II of this Act, may 
commence a civil action against the individual or entity 
responsible for the failure.
  (b) Relief.--- In any action under subsection (a), the court 
may award appropriate relief, including--
          (1) temporary, preliminary, or permanent injunctive 
        relief;
          (2) compensatory damages;
          (3) punitive or exemplary damages; and
          (4) reasonable fees for attorneys.
  (c) Statute of Limitations.--An action under this section 
shall be brought not later than 30 days after the date on which 
the failure to comply occurred.
  (d) Attorney General.--In a case in which a parent commences 
a civil action under subsection (a), the Attorney General shall 
have the exclusive authority to oversee, as appropriate, any 
investigation conducted by the Federal Government in connection 
with such action.
  (e) Definition.--In this section, the term ``parent'' has the 
meaning given such term in section 8101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801).
                              ----------                              


7. An Amendment To Be Offered by Representative Davidson of Ohio or His 
                   Designee, Debatable for 10 Minutes

  Add at the end the following:

              TITLE VII--MANDATORY OPEN ENROLLMENT PERIODS

SEC. 701. MANDATORY INTRA- AND INTER-DISTRICT OPEN ENROLLMENT PERIODS.

  (a) In General.--Notwithstanding any other provision of law, 
a local educational agency may not receive Federal funds under 
title I or title II of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.; 20 U.S.C. 6601 et seq.) 
for a school year unless the agency--
          (1) holds an open enrollment period as required under 
        subsection (b); and
          (2) complies with the notification requirements under 
        subsection (d).
  (b) Open Enrollment Period.--To be eligible to receive 
Federal funds as described in subsection (a), each local 
educational agency shall, before the beginning of each school 
year, hold an open enrollment period during which--
          (1) a child who is eligible to attend an elementary 
        or secondary school served by the agency may apply to 
        attend any other elementary or secondary school served 
        by the agency; and
          (2) a child who is not otherwise eligible to attend 
        an elementary or secondary school served by the agency 
        because that child lives outside the geographic region 
        served by the agency may apply to attend any elementary 
        or secondary school served by the agency.
  (c) Application and Approval.--
          (1) In general.--A parent of a child seeking to 
        enroll in a school pursuant to subsection (b) shall 
        submit an application to the local educational agency 
        involved at such time, in such manner, and containing 
        such information as the agency may reasonably require.
          (2) Approval.--A local educational agency that 
        receives an application under paragraph (1) shall--
                  (A) give the application full and fair 
                consideration;
                  (B) approve or disapprove the application 
                within a reasonable time; and
                  (C) give the parent who submitted the 
                application prompt notice of such approval or 
                disapproval.
          (3) Duration of approval.--A child with an 
        application approved under paragraph (2) shall remain 
        eligible to attend the school for which approval was 
        given for a period of not less than one school year.
  (d) Notice.--To be eligible to receive Federal funds as 
described in subsection (a), each local educational agency 
shall post on a publicly accessible website of the agency or, 
if the agency does not operate a website, widely disseminate to 
the public, the following:
          (1) Information and procedures for open enrollment 
        under subsection (b).
          (2) Information on the application process under 
        subsection (c), including--
                  (A) how and where to obtain an application;
                  (B) when and how parents will be notified 
                when approval or disapproval occurs; and
                  (C) approval rates based on the most recent 
                data available to the agency.
          (3) Information on how long an enrollment approved 
        under subsection (c) remains valid.
          (4) Contact information for at least one individual 
        employee of the agency who is responsible for answering 
        questions on the open enrollment process.
  (e) ESEA Terms.--In this section, the terms ``child'', 
``elementary school'', ``local educational agency'', 
``parent'', and ``secondary school'' have the meanings given 
those terms in section 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801).
                              ----------                              


    8. An Amendment To Be Offered by Representative Fitzpatrick of 
         Pennsylvania or His Designee, Debatable for 10 Minutes

  Add at the end the following:

                         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)).
                              ----------                              


 9. An Amendment To Be Offered by Representative Garbarino of New York 
               or His Designee, Debatable for 10 Minutes

  Add at the end the following:

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

SEC. 701. 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.
                              ----------                              


10. An Amendment To Be Offered by Representative Green of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Page 9, line 4, strike ``and''.
  Page 9, line 9, strike the punctuation after ``event'' and 
insert ``; and''.
  Page 9, after line 9, insert the following new subparagraph:
                  ``(O) the right to timely notice of any major 
                cyberattack against their child's school that 
                may have compromised student or parent 
                information.''.
  Page 11, line 4, strike the punctuation after ``school'' and 
insert a period.
  Page 11, after line 4, insert the following new clause:
                          ``(v) Cyberattacks.--A local 
                        educational agency receiving funds 
                        under this part shall ensure that each 
                        elementary school and secondary school 
                        served by such agency provides the 
                        parents of each child who is a student 
                        in such school notifications described 
                        in paragraph (1)(O).''.
                              ----------                              


 11. An Amendment To Be Offered by Representative Hunt of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 7, line 21, strike ``school;'' and insert ``school, 
including whether advancement of diversity, equity, and 
inclusion initiatives factored into the decision to eliminate 
such gifted and talented programs;''.
  Page 11, line 4, strike ``school.'' and insert ``school, 
including whether advancement of diversity, equity, and 
inclusion initiatives factored into the decision to eliminate 
such gifted and talented programs.''.
                              ----------                              


 12. An Amendment To Be Offered by Representative Jacobs of California 
               or Her Designee, Debatable for 10 Minutes

  Page 6, line 14, strike ``, at no cost,''.
                              ----------                              


 13. An Amendment To Be Offered by Representative Jacobs of California 
               or Her Designee, Debatable for 10 Minutes

  Page 7, beginning line 22, strike subparagraph (J) and 
redesignate the succeeding subparagraphs accordingly.
  Page 18, strike line 1 and all that follows through the end 
of line 2.
                              ----------                              


14. An Amendment To Be Offered by Representative Lawler of New York or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

            TITLE VII--INAPPLICABILITY TO NON-PUBLIC SCHOOLS

SEC. 701. RULE OF CONSTRUCTION.

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

SEC. 702. 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.
                              ----------                              


15. An Amendment To Be Offered by Representative Massie of Kentucky or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

    TITLE VII--SENSE OF CONGRESS RELATING TO TERMINATION OF CERTAIN 
                FUNCTIONS OF THE DEPARTMENT OF EDUCATION

SEC. 701. SENSE OF CONGRESS RELATING TO TERMINATION OF THE ELEMENTARY 
                    AND SECONDARY EDUCATION FUNCTIONS OF THE DEPARTMENT 
                    OF EDUCATION.

  It is the sense of Congress that the authority of the 
Department of Education and the Secretary of Education to 
operate or administer any office or program related to 
elementary or secondary education should be terminated on or 
before December 31, 2023.
                              ----------                              


 16. An Amendment To Be Offered by Representative McCormick of Georgia 
               or His Designee, Debatable for 10 Minutes

  Page 11, line 23, insert ``and on any violations of the 
rights specified in paragraph (1)'' after ``agency''.
                              ----------                              


 17. An Amendment To Be Offered by Representative McCormick of Georgia 
               or His Designee, Debatable for 10 Minutes

  Page 9, line 4, strike ``and''.
  Page 9, line 9, strike all punctuation after ``event'' and 
insert ``; and''.
  Page 9, after line 9, insert the following new subparagraph:
                  ``(O) the right to be informed of any non-
                curriculum-based celebratory initiatives or 
                non-curriculum-based events for students (other 
                than initiatives or events related to birthdays 
                or Federal legal pubic holidays) that are 
                organized by the school and that will be made 
                available to their child.''.
  Page 5, line 9, strike ``and''.
  Page 5, line 18, strike all punctuation after ``speaker'' and 
insert ``; and''.
  Page 5, after line 18, insert the following new paragraph:
          ``(12) ensure that each elementary school and 
        secondary school served by the local educational agency 
        provides to the parents of students enrolled at such 
        school, before any non-curriculum-based celebratory 
        initiative or non-curriculum-based event described in 
        subsection (e)(1)(O)--
                  ``(A) timely notice and a description of such 
                initiative or event; and
                  ``(B) timely notice that a parent of a 
                student is required to grant permission, in 
                written or electronic form, in order for the 
                child to participate or attend such an 
                initiative or event, and the procedure required 
                for the parent to provide such permission.''.
                              ----------                              


18. An Amendment To Be Offered by Representative Miller of Ohio or His 
                   Designee, Debatable for 10 Minutes

  In title I, insert ``(including secondary career and 
technical education schools)'' after ``secondary school'' each 
place such term appears.
  Page 13, after line 21, add the following new section:

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 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)).''.
  Page 29, line 13, insert ``(including public secondary career 
and technical education school)'' after ``secondary school''.
  Page 29, line 18, insert ``(including public secondary career 
and technical education school)'' after ``secondary school''.
                              ----------                              


 19. An Amendment To Be Offered by Representative Roy of Texas or His 
                   Designee, Debatable for 10 Minutes

  Add at the end the following:

   TITLE VII--SUPPORT CHILDREN HAVING OPEN OPPORTUNITIES FOR LEARNING

SEC. 701. FEDERAL FUNDING UNDER THE ELEMENTARY AND SECONDARY EDUCATION 
                    ACT OF 1965 TO FOLLOW THE STUDENT.

  Title VIII of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801 et seq.) is amended by adding at the end 
the following:

                 ``PART H--FUNDS TO FOLLOW THE STUDENT

``SEC. 8701. FUNDS TO FOLLOW THE STUDENT.

  ``(a) In General.--
          ``(1) Funds to follow the student.--Notwithstanding 
        any other provision of law and to the extent permitted 
        under State law, a State educational agency shall 
        allocate grant funds provided under title I, for the 
        purposes of ensuring that funding under such title 
        follows children, whether learning in person or 
        remotely, to the public school, private school, or home 
        school they attend--
                  ``(A) among the local educational agencies in 
                the State based on the number of eligible 
                children enrolled in the public schools 
                operated by each local educational agency; and
                  ``(B) directly to the eligible children, 
                through education savings accounts, residing in 
                the State who are enrolled in private schools 
                or home schools.
          ``(2) Allowable uses of funds.--Funds allocated under 
        paragraph (1) may be used for, but not limited to--
                  ``(A) curriculum and curricular materials;
                  ``(B) books or other instructional materials;
                  ``(C) technological educational materials;
                  ``(D) online educational materials;
                  ``(E) tutoring or educational classes outside 
                the home;
                  ``(F) private school tuition;
                  ``(G) extracurricular activities;
                  ``(H) testing fees;
                  ``(I) diagnostic tools; and
                  ``(J) educational therapies for student with 
                disabilities.
          ``(3) Plan.--
                  ``(A) In general.--Each State that carries 
                out allocations described in paragraph (1) 
                shall establish a plan whereby the parent or 
                guardian of each eligible child in the State 
                will annually notify the relevant local 
                educational agency of the public school or 
                private school which the child will attend, or 
                if the child will instead attend home school.
                  ``(B) Data collection.--Information collected 
                under this section by the State shall be used 
                for the sole purposes of calculating the 
                allocation of funds and distribution of funds 
                under this section.
  ``(b) Definitions.--In this section:
          ``(1) Eligible child.--The term `eligible child' 
        means a child aged 5 to 17.
          ``(2) Home school.--The term `home school' means a 
        home school as defined by the laws of the State in 
        which the eligible child resides.
  ``(c) Student Enrollment in Public Schools, Private Schools, 
and Home Schools.--
          ``(1) Identification of eligible children.--On an 
        annual basis, on a date to be determined by the State 
        educational agency, each local educational agency that 
        receives grant funding in accordance with subsection 
        (a) shall inform the State educational agency of the 
        number of eligible children enrolled in public schools 
        served by the local educational agency and private 
        schools and home schools located in the school district 
        served by the local educational agency in order to 
        provide allocations for each eligible child in equal 
        amounts regardless of where the child attends school in 
        the State.
          ``(2) Allocation to local educational agencies and 
        eligible children.--Based on the identification of 
        eligible children in paragraph (1), the State 
        educational agency shall provide--
                  ``(A) to a local educational agency an amount 
                equal to the sum of the amount available for 
                each eligible child in the State multiplied by 
                the number of eligible children identified by 
                the local educational agency under paragraph 
                (1) enrolled in public schools served by the 
                local educational agency; and
                  ``(B) to an eligible child residing in the 
                State who is enrolled in a private school or 
                home school, through an education savings 
                account, an amount equal to the sum of the 
                amount available for an eligible child in the 
                State.
          ``(3) Distribution to public schools.--Each local 
        educational agency that receives funds under paragraph 
        (2)(A) shall distribute such funds to the public 
        schools served by the local educational agency--
                  ``(A) based on the number of eligible 
                children enrolled in such schools; and
                  ``(B) in a manner that would, in the absence 
                of such Federal funds, supplement the funds 
                made available from non-Federal resources for 
                the education of pupils participating in 
                programs under this Act, and not to supplant 
                such funds (in accordance with the method of 
                determination described in section 1117).
          ``(4) Distribution to eligible children.--Each State 
        that carries out allocations described in paragraph (1) 
        shall distribute amounts to the eligible children 
        residing in that State who enroll in a private school 
        or home school--
                  ``(A) through an education savings account, 
                as described in paragraph (2)(B); and
                  ``(B) in a manner that would, in the absence 
                of such Federal funds, supplement the funds 
                made available from non-Federal resources for 
                the education of pupils participating in 
                programs under this Act, and not to supplant 
                such funds (in accordance with the method of 
                determination described in section 1117).
  ``(d) Application of Participation of Children Enrolled in 
Private Schools.--The provisions of section 1116 shall apply to 
this section.
  ``(e) Rule of Construction.--Nothing in this section shall 
permit, allow, encourage, or authorize Federal or State control 
over non-public education providers.''.
                              ----------                              


 20. An Amendment To Be Offered by Representative Roy of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 1, strike line 1 and all that follows and insert the 
following:

SEC. 1. FEDERAL FUNDING UNDER THE ESEA.

  Notwithstanding any other provision of law, any funds made 
available under the Elementary and Secondary Education Act of 
1965 after the date of the enactment of this section shall be 
consolidated and awarded to each State--
          (1) in an amount that is proportional to the number 
        of students in such State relative to the total number 
        of students in the United States; and
          (2) to carry out educational activities permitted by 
        the laws of such State.
                              ----------                              


21. An Amendment To Be Offered by Representative Smith of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Page 10, line 17, insert ``(including whether such agency is 
aware of videos or recordings of such violent activity)'' after 
``injuries''.
                              ----------                              


22. An Amendment To Be Offered by Representative Tenney of New York or 
                 Her Designee, Debatable for 10 Minutes

  Page 7, line 20, insert ``or college credit'' after ``gifted 
and talented''.
  Page 7, line 21, insert ``, including Advanced Placement and 
dual-enrollment classes'' before the semicolon.
  Page 11, line 3, insert ``or college credit'' after ``gifted 
and talented''.
  Page 11, line 4, insert ``, including Advanced Placement and 
dual-enrollment classes'' before the semicolon.