Parents Bill of Rights Act
This bill establishes various rights of parents and guardians regarding the public elementary or secondary school education (including secondary career and technical education) of their children. Local educational agencies (LEAs) and schools must comply with the requirements of the bill in order to receive federal education funds.
Specifically, the bill requires schools to notify parents and guardians of their rights regarding the education of their children. These rights include the right to
Additional rights include the right to
Each LEA must (1) post on a publicly accessible website (or otherwise widely disseminate to the public) the curriculum for each grade level, and (2) include detailed budget information in its annual report card.
The bill provides for additional family educational and privacy rights, including by (1) prohibiting schools from acting as an agent of a parent for purposes of providing verifiable parental consent for a vaccination, (2) prohibiting schools from selling student information for commercial or financial gain, and (3) requiring schools to engage meaningfully with parents in developing privacy policies or procedures.
An elementary school or a school consisting of only grades 5-8 must obtain parental consent before (1) changing a minor child's gender markers, pronouns, or preferred name on school forms; or (2) allowing a child to change the child's sex-based accommodations.
The bill requires the Government Accountability Office to evaluate and analyze the impact of the bill on protecting parents' rights in the education of their children and the costs to educational agencies and schools.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5
To ensure the rights of parents are honored and protected in the
Nation's public schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2023
Ms. Letlow (for herself, Mr. Scalise, Mr. Emmer, Ms. Stefanik, Mr.
Johnson of Louisiana, Mr. Hudson, Ms. Foxx, Mrs. Miller of Illinois,
Mr. Fitzgerald, Mr. Wilson of South Carolina, Mr. Thompson of
Pennsylvania, Mr. Grothman, Mr. Allen, Mr. Banks, Mr. Smucker, Mr.
Owens, Mrs. Steel, Mr. Bean of Florida, Mr. Williams of New York, Mrs.
Houchin, Mr. Reschenthaler, Mr. Moolenaar, Mr. Newhouse, Mrs. Miller-
Meeks, Mr. Buchanan, Mr. Higgins of Louisiana, Mr. Finstad, Ms. Tenney,
Mr. DesJarlais, Mr. Fallon, Mr. Kelly of Pennsylvania, Mr. Edwards, Mr.
Tiffany, Mr. Carl, Mr. Calvert, Mr. Valadao, Mrs. Hinson, Mr. Norman,
Mr. Bost, Mr. Meuser, Mr. Waltz, Mr. Kustoff, Mr. Mike Garcia of
California, Mr. Guthrie, Ms. Mace, Mr. Steil, Mr. Wenstrup, Mr.
Rutherford, Mr. Graves of Louisiana, Mrs. Rodgers of Washington, Mr.
Duncan, Mr. Miller of Ohio, Mr. McClintock, Mr. Crenshaw, Mr. Mooney,
Mr. Gooden of Texas, Mr. Gimenez, Mrs. Harshbarger, Mr. Guest, Mr. Tony
Gonzales of Texas, Mr. Huizenga, Mrs. Luna, Mr. Balderson, Mr. Wittman,
Mr. Rouzer, Mr. Crawford, Mr. Ezell, Mr. Carey, Mrs. Cammack, Mr.
Zinke, Mr. McCaul, Mr. Joyce of Pennsylvania, and Mr. Hern) introduced
the following bill; which was referred to the Committee on Education
and the Workforce
_______________________________________________________________________
A BILL
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 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 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 served by the local educational
agency.''.
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); and
``(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.''.
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 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 to review 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 a list of the books and other
reading materials contained in the library of their
child's school;
``(F) the right to address the school board of the
local educational agency;
``(G) the right to information about violent
activity in their child's school; and
``(H) the right to information about any plans to
eliminate gifted and talented programs in the child's
school.'';
(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 served by such agency
provides, at the beginning of each school year,
the parents of a child who is a student in such
school a list of books and other reading
materials available to the students of such
school in the school library.
``(iii) Violent activity.--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 a 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,
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 served by such
agency provides the parents of a child who is a
student in such school timely notification of
any plan to eliminate gifted and talented
programs in such school.''; 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 a child who
is a student in an elementary school or secondary school served
by such agency--
``(A)(i) the opportunity to meet in-person 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; and
``(B) the opportunity to address the school board
of such local educational agency on issues impacting
the education of children in such agency.''.
SEC. 105. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.
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) Parents have a First Amendment right to express their
opinions on decisions made by State and local education
leaders.
``(2) 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.
``(3) Transparent and cooperative relationships between
parents and schools have significant and long-lasting positive
effects on the development of children.
``(4) Parents' concerns over content and pedagogy deserve
to be heard and fully considered by school professionals.
``(5) Parent and other community input about schools that
is presented in a lawful and appropriate manner should always
be encouraged.
``(6) Educators, policymakers, and other stakeholders
should never seek to criminalize the lawfully expressed
concerns of parents about their children's education.
``(b) Sense of Congress.--It is the sense of Congress that 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.''.
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.--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.''.
(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:
``(l) 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:
``(m) 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:
``(n) 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 that 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:
``(1) 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.
``(2) Any books or other reading materials made available
to students in such school or through the school library of
such school.''.
(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) by amending subparagraph (C)(i) to read as
follows:
``(C)(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 designated 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.''.
<all>
On motion that the committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
Considered as unfinished business. (consideration: CR H1415-1426)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
DEBATE - Pursuant to the provisions of H. Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 19.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Roy amendment No. 19, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Roy demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 20.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Roy amendment No. 20, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Roy demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (NJ) amendment No. 21.
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DEBATE - Pursuant to the provisions of H. Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Tenney amendment No. 22.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Mrs. Hayes moved to recommit to the Committee on Education and the Workforce. (text: CR H1424)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
On motion to recommit Failed by the Yeas and Nays: 203 - 218 (Roll no. 160).
Roll Call #160 (House)Passed/agreed to in House: On passage Passed by recorded vote: 213 - 208 (Roll no. 161).
Roll Call #161 (House)On passage Passed by recorded vote: 213 - 208 (Roll no. 161).
Roll Call #161 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.