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[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.''.
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