IIB 

118TH CONGRESS 

1ST SESSION H. R. 5 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2023 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To ensure the rights of parents are honored and protected 

in the Nation’s public schools. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Parents Bill of Rights 

3 Act’’. 

4 TITLE I—AMENDMENTS TO THE 

5 ELEMENTARY AND SEC6 ONDARY EDUCATION ACT OF 

7 1965 

8 SEC. 101. STATE PLAN ASSURANCES. 

9 Section 1111(g)(2) of the Elementary and Secondary 

10 Education Act of 1965 (20 U.S.C. 6311(g)(2)) is amend11 ed— 

12 (1) in subparagraph (M), by striking ‘‘and’’ at 

13 the end; 

14 (2) in subparagraph (N), by striking the period 

15 at the end and inserting a semicolon; and 

16 (3) by adding at the end the following: 

17 ‘‘(O) the State will ensure that each local 

18 educational agency in the State— 

19 ‘‘(i) in a case in which the curriculum 

20 for an elementary or secondary school (in21 cluding secondary career and technical 

22 education schools) grade level is freely and 

23 publicly available on the internet— 

24 ‘‘(I) posts on a publicly accessible 

25 website of the agency, such cur26 riculum; or 


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1 ‘‘(II) if such agency does not op2 erate a website, widely disseminates to 

3 the public such curriculum; or 

4 ‘‘(ii) in a case in which the curriculum 

5 for an elementary or secondary school (in6 cluding secondary career and technical 

7 education schools) grade level is not freely 

8 and publicly available on the internet— 

9 ‘‘(I) posts on a publicly accessible 

10 website of the agency— 

11 ‘‘(aa) a description of such 

12 curriculum; and 

13 ‘‘(bb) information on how 

14 parents can review such cur15 riculum as described in section 

16 1112(e)(1)(A); or 

17 ‘‘(II) if such agency does not op18 erate a website, widely disseminates to 

19 the public the description and infor20 mation described in items (aa) and 

21 (bb) of subclause (I); and 

22 ‘‘(P) in the case of any revisions to the 

23 State’s challenging State academic standards 

24 (including any revisions to the levels of achieve25 ment within the State’s academic achievement 


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1 standards), the State educational agency will 

2 post to the homepage of its website, and widely 

3 disseminate to the public, notice of such revi4 sions and a copy of such revisions, except that 

5 the State educational agency shall not be re6 quired to submit such notice or such revisions 

7 to the Secretary.’’. 

8 SEC. 102. ANNUAL LOCAL EDUCATIONAL AGENCY REPORT 

9 CARDS. 

10 Section 1111(h)(2) of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 6311(h)(2)) is amended 

12 by inserting at the end the following new subparagraph: 

13 ‘‘(E) BUDGET.—Each local educational 

14 agency report card shall include the budget for 

15 the school year for which such report card is 

16 being prepared (including all revenues and ex17 penditures (including expenditures made to pri18 vate entities)) for the local educational agency 

19 as a whole, and for each elementary school and 

20 secondary school (including secondary career 

21 and technical education schools) served by the 

22 local educational agency. In addition to the de23 tailed budget information required under the 

24 preceding sentence, the agency shall include a 

25 separate fact sheet that summarizes such inforVerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5

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1 mation in a clear and easily understandable for2 mat.’’. 

3 SEC. 103. LOCAL EDUCATIONAL AGENCY PLAN ASSUR4 ANCES. 

5 Section 1112(c) of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 6312(c)) is amended— 

7 (1) in paragraph (6), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (7), by striking the period at 

10 the end and inserting a semicolon; and 

11 (3) by adding at the end the following: 

12 ‘‘(8) meet the requirements described in section 

13 1111(g)(2)(O); 

14 ‘‘(9) post on a publicly accessible website of the 

15 local educational agency or, if the local educational 

16 agency does not operate a website, widely dissemi17 nate to the public, the plan for carrying out the par18 ent and family engagement described in section 

19 1116 and all policies and procedures that result 

20 from such engagement; 

21 ‘‘(10) ensure that each elementary school served 

22 by the local educational agency notifies the parents 

23 of any student enrolled at such school when the stu24 dent does not score as grade-level proficient in read25 ing or language arts at the end of the third grade 


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1 based on the reading or language arts assessments 

2 administered under section 1111(b)(2)(B)(v)(I)(aa) 

3 or another assessment administered to all third 

4 grade students by such school; and 

5 ‘‘(11) ensure that each elementary school and 

6 secondary school (including secondary career and 

7 technical education schools) served by the local edu8 cational agency provides to the parents of students 

9 enrolled at such school, before a person speaks (in10 person or virtually) to such students in a class, 

11 school assembly, or any other school-sponsored 

12 event, notice that includes the name of the speaker 

13 and the name of the organization or other entity 

14 being represented by the speaker.’’. 

15 SEC. 104. PARENTS RIGHT-TO-KNOW. 

16 Section 1112(e) of the Elementary and Secondary 

17 Education Act of 1965 (20 U.S.C. 6312(e)) is amended— 

18 (1) by redesignating paragraphs (1), (2), (3), 

19 and (4) as paragraphs (2), (3), (4), and (6), respec20 tively; 

21 (2) by inserting before paragraph (2) (as so re22 designated), the following: 

23 ‘‘(1) NOTICE OF RIGHTS.—A local educational 

24 agency receiving funds under this part shall ensure 

25 that each elementary school and secondary school 


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1 (including secondary career and technical education 

2 schools) served by such agency posts on a publicly 

3 accessible website of the school or, if the school does 

4 not operate a website, widely disseminates to the 

5 public, a summary notice of the right of parents to 

6 information about their children’s education as re7 quired under this Act, which shall be in an under8 standable format for parents and include, at min9 imum— 

10 ‘‘(A) the right (provided in accordance 

11 with the requirements of section 445(a)(2) of 

12 the General Education Provisions Act (20 

13 U.S.C. 1232h(a)(2)) with respect to such local 

14 educational agency) to review, and make copies 

15 of, at no cost, the curriculum of their child’s 

16 school; 

17 ‘‘(B) the right to know if the State alters 

18 the State’s challenging State academic stand19 ards; 

20 ‘‘(C) the right to meet with each teacher of 

21 their child not less than twice during each 

22 school year in accordance with paragraph 

23 (5)(A); 


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1 ‘‘(D) the right to review the budget, in2 cluding all revenues and expenditures, of their 

3 child’s school; 

4 ‘‘(E) the right to— 

5 ‘‘(i) a list of the books and other read6 ing materials available in the library of 

7 their child’s school; and 

8 ‘‘(ii) inspect such books or other read9 ing materials; 

10 ‘‘(F) the right to information about all 

11 schools in which their child can enroll, including 

12 options for enrolling in or transferring to— 

13 ‘‘(i) other schools served by the local 

14 educational agency; 

15 ‘‘(ii) charter schools; and 

16 ‘‘(iii) schools served by a different 

17 local educational agency in the State; 

18 ‘‘(G) the right to address the school board 

19 of the local educational agency; 

20 ‘‘(H) the right to information about violent 

21 activity in their child’s school; 

22 ‘‘(I) the right to information about any 

23 plans to eliminate gifted and talented or college 

24 credit programs in the child’s school, including 


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1 Advanced Placement and dual-enrollment class2 es; 

3 ‘‘(J) the right to review any professional 

4 development materials; 

5 ‘‘(K) the right to know if their child is not 

6 grade-level proficient in reading or language 

7 arts at the end of the third grade as described 

8 in subsection (c)(10); 

9 ‘‘(L) the right to know if a school employee 

10 or contractor acts to— 

11 ‘‘(i) change a minor child’s gender 

12 markers, pronouns, or preferred name; or 

13 ‘‘(ii) allow a child to change the 

14 child’s sex-based accommodations, includ15 ing locker rooms or bathrooms; 

16 ‘‘(M) the right to know if— 

17 ‘‘(i) a school employee or contractor 

18 acts to— 

19 ‘‘(I) treat, advise, or address the 

20 cyberbullying of a student; 

21 ‘‘(II) treat, advise, or address the 

22 bullying or hazing of a student; 

23 ‘‘(III) treat, advise, or address a 

24 student’s mental health, suicidal idea25 tion, or instances of self-harm; 


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1 ‘‘(IV) treat, advise, or address a 

2 specific threat to the safety of a stu3 dent; 

4 ‘‘(V) treat, advise, or address the 

5 possession or use of drugs and other 

6 controlled substances; or 

7 ‘‘(VI) treat, advise, or address an 

8 eating disorder; or 

9 ‘‘(ii) a child brings a weapon to 

10 school; 

11 ‘‘(N) the right to the notice described in 

12 subsection (c)(11) before a person speaks (in13 person or virtually) to their child in a class, 

14 school assembly, or any other school-sponsored 

15 event; 

16 ‘‘(O) the right to be informed of the total 

17 number of school counselors in their child’s 

18 school; 

19 ‘‘(P) the right to know if their child’s 

20 school operates, sponsors, or facilitates athletic 

21 programs or activities that permit an individual 

22 whose biological sex is male to participate in an 

23 athletic program or activity that is designated 

24 for individuals whose biological sex is female; 


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1 ‘‘(Q) the right to know if their child’s 

2 school allows an individual whose biological sex 

3 is male to use restrooms or changing rooms 

4 designated for individuals whose biological sex 

5 is female; and 

6 ‘‘(R) the right to timely notice of any 

7 major cyberattack against their child’s school 

8 that may have compromised student or parent 

9 information.’’; 

10 (3) in paragraph (2)(B) (as redesignated by 

11 paragraph (1))— 

12 (A) by redesignating clause (i) and clause 

13 (ii) as subclause (I) and subclause (II), respec14 tively; 

15 (B) by striking ‘‘(B) ADDITIONAL INFOR16 MATION.—’’ and inserting: 

17 ‘‘(B) ADDITIONAL INFORMATION.— 

18 ‘‘(i) IN GENERAL.—’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(ii) SCHOOL LIBRARY.—A local edu21 cational agency receiving funds under this 

22 part shall ensure that each elementary 

23 school and secondary school (including sec24 ondary career and technical education 

25 schools) served by such agency provides 


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1 the parents of each child who is a student 

2 in such school— 

3 ‘‘(I) at the beginning of each 

4 school year, a list of books and other 

5 reading materials available in the li6 brary of such school; and 

7 ‘‘(II) the opportunity to inspect 

8 such books and other reading mate9 rials. 

10 ‘‘(iii) VIOLENT ACTIVITY.—A local 

11 educational agency receiving funds under 

12 this part shall ensure that each elementary 

13 school and secondary school (including sec14 ondary career and technical education 

15 schools) served by such agency provides 

16 the parents of each child who is a student 

17 in such school timely notification of any 

18 violent activity occurring on school grounds 

19 or at school-sponsored activities in which 

20 one or more individuals suffer injuries (in21 cluding whether such agency is aware of 

22 videos or recordings of such violent activ23 ity), except that such notification shall not 

24 contain names or the grade level of any 

25 students involved in the activity. 


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1 ‘‘(iv) GIFTED AND TALENTED PRO2 GRAMS.—A local educational agency receiv3 ing funds under this part shall ensure that 

4 each elementary school and secondary 

5 school (including secondary career and 

6 technical education schools) served by such 

7 agency provides the parents of each child 

8 who is a student in such school timely noti9 fication of any plan to eliminate gifted and 

10 talented or college credit programs in such 

11 school, including Advanced Placement and 

12 dual-enrollment classes. 

13 ‘‘(v) SCHOOL COUNSELORS.—A local 

14 educational agency receiving funds under 

15 this part shall ensure that each elementary 

16 school and secondary school (including sec17 ondary career and technical education 

18 schools) served by such agency provides 

19 the parents of each child who is a student 

20 in such school the information described in 

21 paragraph (1)(O). 

22 ‘‘(vi) ENROLLMENT OPTIONS.—A 

23 local educational agency receiving funds 

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1 cluding secondary career and technical 

2 education schools) served by such agency 

3 provides the parents of each child who is 

4 a student in such school the information 

5 described in paragraph (1)(F), including 

6 the enrollment and transfer options de7 scribed in such paragraph. 

8 ‘‘(vii) SCHOOL EMPLOYEE OR CON9 TRACTOR ACTIONS.—A local educational 

10 agency receiving funds under this part 

11 shall ensure that each elementary school 

12 and secondary school (including secondary 

13 career and technical education schools) 

14 served by such agency notifies the parents 

15 of any child who is a student in such 

16 school if a school employee or contractor 

17 takes, with respect to such child, any ac18 tion described in clause (i) or (ii) of para19 graph (1)(L). 

20 ‘‘(viii) SCHOOL AND STUDENT SAFE21 TY.—A local educational agency receiving 

22 funds under this part shall ensure that 

23 each elementary school and secondary 

24 school (including secondary career and 


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1 technical education schools) served by such 

2 agency notifies— 

3 ‘‘(I) the parents of any child who 

4 is a student in such school if a school 

5 employee or contractor takes, with re6 spect to such child, any action de7 scribed in clause (i) of paragraph 

8 (1)(M); and 

9 ‘‘(II) the parents of each child 

10 who is a student in such school if any 

11 child takes the action described in 

12 clause (ii) of paragraph (1)(M). 

13 ‘‘(ix) PROFESSIONAL DEVELOPMENT

14 MATERIALS.—A local educational agency 

15 receiving funds under this part shall en16 sure that each elementary school and sec17 ondary school (including secondary career 

18 and technical education schools) served by 

19 such agency provides the parents of each 

20 child who is a student in such school the 

21 opportunity to review professional develop22 ment materials to ensure the parental right 

23 described in paragraph (1)(J). 

24 ‘‘(x) ATHLETIC PROGRAMS OR ACTIVI25 TIES.—A local educational agency receiving 


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1 funds under this part shall ensure that 

2 each elementary school and secondary 

3 school (including secondary career and 

4 technical education schools) served by such 

5 agency provides the parents of each child 

6 who is a student in such school the infor7 mation described in paragraph (1)(O). 

8 ‘‘(xi) ACCOMMODATIONS.—A local 

9 educational agency receiving funds under 

10 this part shall ensure that each elementary 

11 school and secondary school (including sec12 ondary career and technical education 

13 schools) served by such agency provides 

14 the parents of each child who is a student 

15 in such school the information described in 

16 paragraph (1)(O). 

17 ‘‘(xii) CYBERATTACKS.—A local edu18 cational agency receiving funds under this 

19 part shall ensure that each elementary 

20 school and secondary school (including sec21 ondary career and technical education 

22 schools) served by such agency provides 

23 the parents of each child who is a student 

24 in such school notifications described in 

25 paragraph (1)(O).’’; and 


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1 (4) by inserting after paragraph (4) (as redesig2 nated by paragraph (1)) the following: 

3 ‘‘(5) TRANSPARENCY.—A local educational 

4 agency receiving funds under this part shall provide 

5 the parents of each child who is a student in an ele6 mentary school or secondary school (including sec7 ondary career and technical education schools) 

8 served by such agency— 

9 ‘‘(A)(i) the opportunity to meet in-person 

10 or virtually via videoconference with each teach11 er of such child not less than twice during each 

12 school year; and 

13 ‘‘(ii) a notification, at the beginning of 

14 each school year, of the opportunity for such 

15 meetings, including the option to attend such 

16 meetings virtually via videoconference; and 

17 ‘‘(B) the opportunity to address the school 

18 board of such local educational agency on issues 

19 impacting the education of children in such 

20 agency and on any violations of the rights spec21 ified in paragraph (1).’’. 


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1 SEC. 105. SENSE OF CONGRESS ON FIRST AMENDMENT 

2 RIGHTS. 

3 (a) IN GENERAL.—Title VIII of the Elementary and 

4 Secondary Education Act of 1965 (20 U.S.C. 7801 et 

5 seq.) is amended— 

6 (1) by redesignating section 8549C as section 

7 8549D; and 

8 (2) by inserting after section 8549B the fol9 lowing new section: 

10 ‘‘SEC. 8549C. SENSE OF CONGRESS ON FIRST AMENDMENT 

11 RIGHTS. 

12 ‘‘(a) FINDINGS.—Congress finds the following: 

13 ‘‘(1) The right of parents to educate their chil14 dren is a pre-political natural right that the U.S. 

15 Supreme Court has recognized as ‘beyond debate’ 

16 and rooted in the ‘history and culture of Western 

17 civilization’. 

18 ‘‘(2) Parents have a First Amendment right to 

19 express their opinions on decisions made by State 

20 and local education leaders. 

21 ‘‘(3) States and local educational agencies 

22 should empower parents to communicate regularly 

23 with Federal, State, and local policymakers and edu24 cators regarding the education and well-being of 

25 their children. 


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1 ‘‘(4) Transparent and cooperative relationships 

2 between parents and schools have significant and 

3 long-lasting positive effects on the development of 

4 children. 

5 ‘‘(5) Parents’ concerns over content and peda6 gogy deserve to be heard and fully considered by 

7 school professionals. 

8 ‘‘(6) Parent and other community input about 

9 schools that is presented in a lawful and appropriate 

10 manner should always be encouraged. 

11 ‘‘(7) Educators, policymakers, elected officials, 

12 Executive Branch officials and employees, and other 

13 stakeholders should never seek to use law enforce14 ment to criminalize the lawfully expressed concerns 

15 of parents about their children’s education, but 

16 should never hesitate to contact public safety offi17 cials if there is a credible threat to the safety and 

18 security of students, parents, educators, policy19 makers, elected officials, executive branch officials or 

20 employees, or other stakeholders, school faculty, or 

21 staff. 

22 ‘‘(b) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

24 ‘‘(1) the First Amendment guarantees parents 

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1 press their opinions on decisions affecting their chil2 dren and communities, and that educators and pol3 icymakers should welcome and encourage that en4 gagement and consider that feedback when making 

5 decisions; and 

6 ‘‘(2) parents have a fundamental right, pro7 tected by the U.S. Constitution, to direct the edu8 cation of their children, and the strict scrutiny test 

9 used by courts to evaluate cases concerning funda10 mental rights is the correct standard of review for 

11 government actions that interfere with the right of 

12 parents to educate their children.’’. 

13 (b) TABLE OF CONTENTS.—The table of contents in 

14 section 2 of the Elementary and Secondary Education Act 

15 of 1965 is amended— 

16 (1) by striking the item relating to section 

17 8549C; and 

18 (2) by inserting after the item relating to sec19 tion 8549B the following: 

Sec. 8549C. Sense of Congress on First Amendment Rights. 

Sec. 8549D. Technical assistance. 

20 SEC. 106. DEFINITION OF SECONDARY CAREER AND TECH21 NICAL EDUCATION SCHOOL. 

22 Section 8101 the Elementary and Secondary Edu23 cation Act of 1965 (20 U.S.C. 7801) is amended— 


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1 (1) by redesignating paragraphs (45) through 

2 (52) as paragraphs (46) through (53), respectively; 

3 and 

4 (2) by inserting after paragraph (44) the fol5 lowing new paragraph: 

6 ‘‘(45) SECONDARY CAREER AND TECHNICAL

7 EDUCATION SCHOOL.—The term ‘secondary career 

8 and technical education school’ means a secondary 

9 school (including secondary career and technical 

10 education schools) that is an area career and tech11 nical education school described in subparagraph (A) 

12 or (B) of paragraph (3) of section 3 of the Carl D. 

13 Perkins Career and Technical Education Act of 

14 2006 (20 U.S.C. 2032(3)(A); (B)).’’. 

15 TITLE II—AMENDMENTS TO 

16 FERPA AND PPRA 

17 SEC. 201. AMENDMENTS TO THE FAMILY EDUCATIONAL 

18 RIGHTS AND PRIVACY ACT OF 1974. 

19 (a) ENFORCEMENT.—Section 444(f) of the General 

20 Education Provisions Act (20 U.S.C. 1232g) (also known 

21 as the ‘‘Family Educational Rights and Privacy Act of 

22 1974’’) (20 U.S.C. 1232g(f)) is amended by adding at the 

23 end the following: ‘‘The Secretary shall comply with the 

24 reporting requirement under section 445(e)(2)(C)(ii) with 


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1 respect to the enforcement actions taken under this sub2 section to ensure compliance with this section.’’. 

3 (b) PROHIBITION ON EDUCATIONAL AGENCIES OR

4 INSTITUTIONS ACTING AS AN AGENT OF A PARENT.—Sec5 tion 444 of the General Education Provisions Act (20 

6 U.S.C. 1232g) (also known as the ‘‘Family Educational 

7 Rights and Privacy Act of 1974’’) is amended by adding 

8 at the end the following: 

9 ‘‘(k) PROHIBITION ON EDUCATIONAL AGENCIES OR

10 INSTITUTIONS ACTING AS AGENT OF A PARENT FOR USE

11 OF TECHNOLOGY.—An educational agency or institution 

12 may not act as the agent of a parent of a student in at13 tendance at a school of such agency or at such institution 

14 for purposes of providing verifiable parental consent for 

15 the use of technology in the classroom for purposes of edu16 cating the student without providing notice and an oppor17 tunity for the parent to object to the use of such tech18 nology. 

19 ‘‘(l) PROHIBITION ON EDUCATIONAL AGENCIES OR

20 INSTITUTIONS ACTING AS AGENT OF A PARENT FOR VAC21 CINES.—An educational agency or institution may not act 

22 as the agent of a parent of a student in attendance at 

23 a school of such agency or at such institution for purposes 

24 of providing verifiable parental consent for a vaccina25 tion.’’. 


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1 (c) PROHIBITION ON SALE OF INFORMATION FOR

2 COMMERCIAL PURPOSES.—Section 444 of the General 

3 Education Provisions Act (20 U.S.C. 1232g) (also known 

4 as the ‘‘Family Educational Rights and Privacy Act of 

5 1974’’), as amended by this section, is further amended 

6 by adding at the end the following: 

7 ‘‘(m) PROHIBITION ON SALE OF INFORMATION FOR

8 COMMERCIAL PURPOSES.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), no educational agency or institution or 

11 authorized representative of such agency or institu12 tion may sell student information for commercial or 

13 financial gain. 

14 ‘‘(2) EXCEPTIONS.—The prohibition described 

15 in paragraph (1) shall not apply to products sold to 

16 students by or on behalf of the educational agency 

17 or institution, such as yearbooks, prom tickets, and 

18 school pictures.’’. 

19 (d) PARENTAL CONSULTATION.—Section 444 of the 

20 General Education Provisions Act (20 U.S.C. 1232g) (also 

21 known as the ‘‘Family Educational Rights and Privacy 

22 Act of 1974’’), as amended by this section, is further 

23 amended by adding at the end the following: 

24 ‘‘(n) PARENTAL CONSULTATION.—In developing a 

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1 tution shall engage meaningfully with parents of students 

2 in attendance at the schools served by such agency or in3 stitution.’’. 

4 (e) DISCLOSURE OF INFORMATION.—Section 444 of 

5 the General Education Provisions Act (20 U.S.C. 1232g) 

6 (also known as the ‘‘Family Educational Rights and Pri7 vacy Act of 1974’’), as amended by this section, is further 

8 amended by adding at the end the following: 

9 ‘‘(o) DISCLOSURE OF INFORMATION.—An edu10 cational agency or institution or authorized representative 

11 of such agency or institution shall, upon request from a 

12 parent of a student, disclose to such parent the identity 

13 of any individual or entity with whom information is 

14 shared from the education record of the student or any 

15 response of the student to a survey.’’. 

16 SEC. 202. PROTECTION OF PUPIL RIGHTS. 

17 (a) AVAILABILITY FOR INSPECTION BY PARENTS OR

18 GUARDIANS.—Section 445(a) of the General Education 

19 Provisions Act (20 U.S.C. 1232h(a)) is amended to read 

20 as follows: 

21 ‘‘(a) AVAILABILITY FOR INSPECTION BY PARENTS OR

22 GUARDIANS.—A local educational agency (as such term 

23 is defined in subsection (c)(6)(C)) that receives funds 

24 under any applicable program shall ensure the following: 


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1 ‘‘(1) INFORMATION AVAILABLE.—Each of the 

2 following shall be available for inspection by the par3 ents or guardians of the children in attendance at 

4 the schools served by such agency, and the avail5 ability of each of the following for inspection shall 

6 not be conditioned on any requirement that such 

7 parents or guardians sign a nondisclosure agree8 ment: 

9 ‘‘(A) All instructional materials, including 

10 teacher’s manuals, films, tapes, or other supple11 mentary material which will be used in such 

12 school or in connection with any survey, anal13 ysis, or evaluation. 

14 ‘‘(B) Any books or other reading materials 

15 made available to students in such school or 

16 through the school library of such school. 

17 ‘‘(C) Any professional development mate18 rials. 

19 ‘‘(2) COMMENT PERIODS FOR PARENTS.— 

20 ‘‘(A) IN GENERAL.—The agency shall pro21 vide comment periods during which parents or 

22 guardians of the children in attendance at the 

23 schools served by the agency may inspect and 

24 provide feedback on any of the materials re25 ferred to in paragraph (1) that— 


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1 ‘‘(i) are expected to be used to teach 

2 such children during the three weeks fol3 lowing the comment period; or 

4 ‘‘(ii) were used to teach such children 

5 during preceding portions of the school 

6 year. 

7 ‘‘(B) FREQUENCY AND DURATION.—The 

8 comment periods described in subparagraph (A) 

9 shall be held not less frequently than once every 

10 three weeks during the school year and each 

11 comment period shall be not less than three 

12 school days in duration.’’. 

13 (b) SINGLE ISSUE NOTIFICATION.—Section 445(b) of 

14 the General Education Provisions Act (20 U.S.C. 1232h) 

15 is amended— 

16 (1) by striking ‘‘prior consent of the student’’ 

17 and inserting ‘‘prior written consent of the student’’; 

18 and 

19 (2) by inserting ‘‘, which is provided specifically 

20 for such survey, analysis, or evaluation’’ before the 

21 period at the end. 

22 (c) DEVELOPMENT AND ADOPTION OF LOCAL POLI23 CIES.—Section 445(c) of the General Education Provi24 sions Act (20 U.S.C. 1232h(c)) is amended— 


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1 (1) in the subsection heading, by striking 

2 ‘‘PHYSICAL’’ and inserting ‘‘MEDICAL’’; 

3 (2) in paragraph (1)— 

4 (A) in the matter preceding subparagraph 

5 (A), by striking ‘‘in consultation with parents’’ 

6 and inserting ‘‘in consultation with parents in 

7 accordance with paragraph (2)(A)’’; 

8 (B) in subparagraph (C), by amending 

9 clause (i) to read as follows: 

10 ‘‘(i) The right of a parent of a student 

11 to inspect, upon the request of the parent, 

12 any instructional material used as part of 

13 the educational curriculum for the student, 

14 and any books or other reading materials 

15 made available to the student in a school 

16 served by the agency or through the school 

17 library; and’’; 

18 (C) by amending subparagraph (D) to read 

19 as follows: 

20 ‘‘(D) The administration of medical exami21 nations or screenings that the school or agency 

22 may administer to a student, including— 

23 ‘‘(i) prior notice to parents of such a 

24 medical examination or screening, and re25 ceipt of consent from parents before adVerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5

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1 ministering such an examination or screen2 ing; and 

3 ‘‘(ii) in the event of an emergency 

4 that requires a medical examination or 

5 screening without time for parental notifi6 cation and consent, the procedure for 

7 promptly notifying parents of such exam8 ination or screening subsequent to such ex9 amination or screening.’’; and 

10 (D) by amending subparagraph (E) to 

11 read as follows: 

12 ‘‘(E) The prohibition on the collection, dis13 closure, or use of personal information collected 

14 from students for the purpose of marketing or 

15 for selling that information (or otherwise pro16 viding that information to others for that pur17 pose), other than for a legitimate educational 

18 purpose to improve the education of students as 

19 described in paragraph (4), and the arrange20 ments to protect student privacy that are pro21 vided by the agency in the event of such collec22 tion, disclosure, or use for such a legitimate 

23 educational purpose.’’. 


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1 (d) PARENTAL NOTIFICATION.—Paragraph (2) of 

2 section 445(c) of the General Education Provisions Act 

3 (20 U.S.C. 1232h(c)) is amended— 

4 (1) in the paragraph heading, by inserting 

5 ‘‘CONSULTATION AND’’ before ‘‘NOTIFICATION’’; 

6 (2) by redesignating subparagraphs (A) through 

7 (C) as subparagraphs (B) through (D), respectively; 

8 (3) in subparagraph (B) (as so redesignated)— 

9 (A) in clause (i), by striking ‘‘and’’ at the 

10 end; 

11 (B) by amending clause (ii) to read as fol12 lows: 

13 ‘‘(ii) in the case of an activity de14 scribed in clause (i) or (iii) of subpara15 graph (D), offer an opportunity and clear 

16 instructions for the parent (or in the case 

17 of a student who is an adult or emanci18 pated minor, the student) to opt the stu19 dent out of participation in such activity;’’; 

20 and 

21 (C) by adding at the end the following: 

22 ‘‘(iii) in the case of an activity de23 scribed in subparagraph (D)(i), a descrip24 tion of how such activity is for a legitimate 

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1 cation of students as described in para2 graph (4); and 

3 ‘‘(iv) not require a student to submit 

4 to a survey described in subparagraph 

5 (D)(ii) without the prior written consent of 

6 the student (if the student is an adult or 

7 emancipated minor), or in the case of an 

8 unemancipated minor, without the prior 

9 written consent of the parent, which is pro10 vided specifically for such survey.’’; 

11 (4) by inserting before subparagraph (B) (as so 

12 amended and redesignated), the following: 

13 ‘‘(A) PARENTAL CONSULTATION.—The pa14 rental consultation required for the purpose of 

15 developing and adopting policies under para16 graphs (1) and (3) by a local educational agen17 cy shall ensure that such policy is developed 

18 with meaningful engagement by parents of stu19 dents enrolled in schools served by that agen20 cy.’’; and 

21 (5) in subparagraph (D) (as redesignated by 

22 paragraph (2))— 

23 (A) by amending clause (i) to read as fol24 lows: 


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1 ‘‘(i) Activities involving the collection, 

2 disclosure, or use of personal information 

3 collected from students for a legitimate 

4 educational purpose to improve the edu5 cation of students as described in para6 graph (4).’’; and 

7 (B) in clause (iii), by striking ‘‘invasive 

8 physical’’ and inserting ‘‘medical’’. 

9 (e) UPDATES TO EXISTING POLICIES.—Paragraph 

10 (3) of section 445(c) of the General Education Provisions 

11 Act (20 U.S.C. 1232h(c)) is amended to read as follows: 

12 ‘‘(3) UPDATES TO EXISTING POLICIES.— 

13 ‘‘(A) IN GENERAL.—Not later than 180 

14 days after the date of enactment of the Parents 

15 Bill of Rights Act, a local educational agency 

16 that receives funds under any applicable pro17 gram shall— 

18 ‘‘(i) review policies covering the re19 quirements of paragraph (1) as in effect on 

20 the day before such date of enactment; and 

21 ‘‘(ii) develop and update such policies 

22 to reflect the changes made to paragraph 

23 (1) by the amendments made by the Par24 ents Bill of Rights Act. 


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1 ‘‘(B) CONSULTATION AND NOTIFICA2 TION.—In developing and updating the policies 

3 under subparagraph (A), the agency shall com4 ply with the consultation and notification re5 quirements under paragraph (2).’’. 

6 (f) EXCEPTIONS.—Paragraph (4)(A) of section 

7 445(c) of the General Education Provisions Act (20 

8 U.S.C. 1232h(c)) is amended by amending the matter pre9 ceding clause (i) to read as follows: 

10 ‘‘(A) EDUCATIONAL PRODUCTS OR SERV11 ICES.—For purposes of paragraph (1)(E), the 

12 collection, disclosure, or use of personal infor13 mation collected from students for a legitimate 

14 educational purpose to improve the education of 

15 students means the exclusive purpose of devel16 oping, evaluating, or providing educational 

17 products or services for, or to, students or 

18 schools, such as the following:’’. 

19 (g) DEFINITIONS.—Paragraph (6) of section 445(c) 

20 of the General Education Provisions Act (20 U.S.C. 

21 1232h(c)) is amended— 

22 (1) by amending subparagraph (B) to read as 

23 follows: 

24 ‘‘(B) MEDICAL EXAMINATION OR SCREEN25 ING.—The term ‘medical examination or screenVerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5

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1 ing’ means any medical examination or screen2 ing that involves the exposure of private body 

3 parts, or any act during such examination or 

4 screening that includes incision, insertion, or in5 jection into the body, or a mental health or sub6 stance use disorder screening, except that such 

7 term does not include a hearing, vision, or scoli8 osis screening, or an observational screening 

9 carried out to comply with child find obligations 

10 under the Individuals with Disabilities Edu11 cation Act (20 U.S.C. 1400 et seq.).’’; and 

12 (2) in subparagraph (E)— 

13 (A) in clause (iii), by striking ‘‘or’’; 

14 (B) in clause (iv), by striking the period at 

15 the end and inserting ‘‘; or’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(v) an email address.’’. 

18 (h) ENFORCEMENT AND REPORTING.—Subsection 

19 (e) of section 445 of the General Education Provisions Act 

20 (20 U.S.C. 1232h) is amended to read as follows: 

21 ‘‘(e) ENFORCEMENT AND REPORTING.— 

22 ‘‘(1) ENFORCEMENT.—The Secretary shall take 

23 such action as the Secretary determines appropriate 

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1 gram shall be taken only if the Secretary determines 

2 that— 

3 ‘‘(A) there has been a failure to comply 

4 with such section; and 

5 ‘‘(B) compliance with such section cannot 

6 be secured by voluntary means. 

7 ‘‘(2) REPORTING.— 

8 ‘‘(A) LOCAL EDUCATIONAL AGENCIES.— 

9 On an annual basis, each local educational 

10 agency (as such term is defined in subsection 

11 (c)(6)(C)) that receives funds under any appli12 cable program shall— 

13 ‘‘(i) without identifying any personal 

14 information of a student or students, re15 port to the State educational agency any 

16 enforcement actions or investigations car17 ried out for the preceding school year to 

18 ensure compliance with this section; and 

19 ‘‘(ii) publish such information on its 

20 website or through other public means 

21 used for parental notification if the agency 

22 does not have a website. 

23 ‘‘(B) STATES.—On an annual basis, each 

24 State educational agency shall provide to the 

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1 ceding school year, that includes all actions 

2 local educational agencies have reported under 

3 subparagraph (A), and a description of the en4 forcement actions the State educational agency 

5 took to ensure parents’ rights were protected. 

6 ‘‘(C) SECRETARY.—Not later than 1 year 

7 after the date of enactment of the Parents Bill 

8 of Rights Act, and annually thereafter, the Sec9 retary shall submit to the Committee on Edu10 cation and the Workforce of the House of Rep11 resentatives and the Committee on Health, 

12 Education, Labor, and Pensions of the Sen13 ate— 

14 ‘‘(i) the reports received under sub15 paragraph (B); and 

16 ‘‘(ii) a description of the enforcement 

17 actions taken by the Secretary under this 

18 subsection and section 444(f) to ensure full 

19 compliance with this section and section 

20 444, respectively.’’. 


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1 TITLE III—PROHIBITION ON 

2 FEDERAL INVOLVEMENT IN 

3 CURRICULUM 

4 SEC. 301. RULE OF CONSTRUCTION. 

5 Nothing in this Act may be construed to authorize 

6 any department, agency, officer, or employee of the United 

7 States to exercise any direction, supervision, or control 

8 over the curriculum, program of instruction, administra9 tion, or personnel of any educational institution, school, 

10 or school system. 

11 TITLE IV—GENDER MARKERS, 

12 PRONOUNS, AND PREFERRED 

13 NAMES ON SCHOOL FORMS 

14 SEC. 401. REQUIREMENT RELATED TO GENDER MARKERS, 

15 PRONOUNS, AND PREFERRED NAMES ON 

16 SCHOOL FORMS. 

17 As a condition of receiving Federal funds from the 

18 Department of Education, any elementary school (as such 

19 term is defined in section 8101 of the Elementary and 

20 Secondary Education Act of 1965 (20 U.S.C. 7801)) or 

21 school that consists of only middle grades (as such term 

22 is defined in such section), that receives such Federal 

23 funds shall be required to obtain parental consent be24 fore— 


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1 (1) changing a minor child’s gender markers, 

2 pronouns, or preferred name on any school form; or 

3 (2) allowing a child to change the child’s sex4 based accommodations, including locker rooms or 

5 bathrooms. 

6 TITLE V—ACCESS TO SCHOOL 

7 BROADBAND 

8 SEC. 501. SENSE OF CONGRESS. 

9 It is the sense of Congress that all public elementary 

10 and public secondary school (including public secondary 

11 career and technical education school) students should 

12 have access to broadband. 

13 TITLE VI—SENSE OF CONGRESS 

14 SEC. 601. SENSE OF CONGRESS. 

15 It is the sense of Congress that all public elementary 

16 school and secondary school (including public secondary 

17 career and technical education school) students should 

18 have opportunities to learn the history of the Holocaust 

19 and anti-Semitism. 

20 TITLE VII—GAO REPORT 

21 SEC. 701. GAO REPORT. 

22 Not later than one year after the date of enactment 

23 of this Act, the Comptroller General of the United States 

24 shall submit to the Committee on Education and the 

25 Workforce and the Committee on Appropriations of the 


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1 House of Representatives and the Committee on Health, 

2 Education, Labor, and Pensions and the Committee on 

3 Appropriations of the Senate a report that evaluates and 

4 analyzes the impact of this Act, and the amendments 

5 made by this Act, on— 

6 (1) protecting parents’ rights in the education 

7 of their children; and 

8 (2) costs to State educational agencies, local 

9 educational agencies, elementary schools, and sec10 ondary schools (as such terms are defined in section 

11 8101 of the Elementary and Secondary Education 

12 Act of 1965 (20 U.S.C. 7801)). 

13 TITLE VIII—RULE OF CON14 STRUCTION ON STUDENT AC15 CESS TO BOOKS AND OTHER 

16 READING MATERIALS 

17 SEC. 801. RULE OF CONSTRUCTION ON STUDENT ACCESS 

18 TO BOOKS AND OTHER READING MATERIALS. 

19 Nothing in this Act, or the amendments made by this 

20 Act, shall be construed as authorizing or granting parents 

21 the right or ability to deny any student who is not their 

22 child from accessing any books or other reading materials 

23 that are otherwise available in the library of their child’s 

24 school. 


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1 TITLE IX—INAPPLICABILITY TO 

2 NON-PUBLIC SCHOOLS 

3 SEC. 901. RULE OF CONSTRUCTION. 

4 Nothing in this Act may be construed to impose any 

5 requirements on non-public elementary or secondary 

6 schools. 

7 SEC. 902. SENSE OF CONGRESS. 

8 It is the sense of Congress that local educational 

9 agencies do not have the authority to exercise any direc10 tion, supervision, or control over the curriculum or pro11 gram of instruction of non-public elementary or secondary 

12 schools. 

Passed the House of Representatives March 24, 

2023. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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