IB 

Union Calendar No. 4 

118TH CONGRESS 

1ST SESSION H. R. 5 

[Report No. 118–9] 

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 


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MARCH 14, 2023 

Additional sponsors: Mr. ELLZEY, Ms. HAGEMAN, Mr. LAWLER, Mr. LAMBORN, Mr. ESTES, Ms. LEE of Florida, Mr. STEUBE, Mr. VAN DREW, 

Mr. FEENSTRA, Mr. DIAZ-BALART, Mr. WILLIAMS of Texas, Mr. 

D’ESPOSITO, Mr. MANN, Mr. LAHOOD, Ms. GREENE of Georgia, Mr. 

SMITH of New Jersey, Mrs. CHAVEZ-DEREMER, Ms. MALLIOTAKIS, Mr. 

LANGWORTHY, Mr. BUCSHON, Mr. LATURNER, Mr. ADERHOLT, Mr. 

FERGUSON, Mr. POSEY, Mr. NEHLS, Mr. AMODEI, Mrs. FISCHBACH, 

Mrs. BICE, Mr. LAMALFA, Mr. CARTER of Georgia, Mr. BAIRD, Mr. 

MORAN, Mr. OGLES, Mr. C. SCOTT FRANKLIN of Florida, Mr. 

MOLINARO, Mr. BABIN, Mr. SANTOS, Mr. WALBERG, Mr. KELLY of Mississippi, Mr. GREEN of Tennessee, Mr. CLINE, Mrs. BOEBERT, Mr. 

NUNN of Iowa, Mr. STAUBER, Mr. BURGESS, Mr. VAN ORDEN, Mr. 

JOHNSON of South Dakota, Mrs. LESKO, Mr. HUNT, and Mr. JACKSON

of Texas 

MARCH 14, 2023 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 1, 2023] 

A BILL 

To ensure the rights of parents are honored and protected 

in the Nation’s public schools. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Act’’. 

6 TITLE I—AMENDMENTS TO THE 

7 ELEMENTARY AND SEC8 ONDARY EDUCATION ACT OF 

9 1965 

10 SEC. 101. STATE PLAN ASSURANCES. 

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

12 Education Act of 1965 (20 U.S.C. 6311(g)(2)) is amend13 ed— 

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

15 the end; 

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

17 at the end and inserting a semicolon; and 

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

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

20 educational agency in the State— 

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

22 for an elementary or secondary school grade 

23 level is freely and publicly available on the 

24 internet— 


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1 ‘‘(I) posts on a publicly accessible 

2 website of the agency, such curriculum; 

3 or 

4 ‘‘(II) if such agency does not oper5 ate a website, widely disseminates to 

6 the public such curriculum; or 

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

8 for an elementary or secondary school grade 

9 level is not freely and publicly available on 

10 the internet— 

11 ‘‘(I) posts on a publicly accessible 

12 website of the agency— 

13 ‘‘(aa) a description of such 

14 curriculum; and 

15 ‘‘(bb) information on how 

16 parents can review such cur17 riculum as described in section 

18 1112(e)(1)(A); or 

19 ‘‘(II) if such agency does not oper20 ate a website, widely disseminates to 

21 the public the description and informa22 tion described in items (aa) and (bb) of 

23 subclause (I); and 

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

25 State’s challenging State academic standards 


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1 (including any revisions to the levels of achieve2 ment within the State’s academic achievement 

3 standards), the State educational agency will 

4 post to the homepage of its website, and widely 

5 disseminate to the public, notice of such revisions 

6 and a copy of such revisions, except that the 

7 State educational agency shall not be required to 

8 submit such notice or such revisions to the Sec9 retary.’’. 

10 SEC. 102. ANNUAL LOCAL EDUCATIONAL AGENCY REPORT 

11 CARDS. 

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

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

14 by inserting at the end the following new subparagraph: 

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

16 agency report card shall include the budget for 

17 the school year for which such report card is 

18 being prepared (including all revenues and ex19 penditures (including expenditures made to pri20 vate entities)) for the local educational agency as 

21 a whole, and for each elementary school and sec22 ondary school served by the local educational 

23 agency. In addition to the detailed budget infor24 mation required under the preceding sentence, 

25 the agency shall include a separate fact sheet 


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1 that summarizes such information in a clear 

2 and easily understandable format.’’. 

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 disseminate 

17 to the public, the plan for carrying out the parent 

18 and family engagement described in section 1116 and 

19 all policies and procedures that result from such en20 gagement; 

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

22 by the local educational agency notifies the parents of 

23 any student enrolled at such school when the student 

24 does not score as grade-level proficient in reading or 

25 language arts at the end of the third grade based on 


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1 the reading or language arts assessments administered 

2 under section 1111(b)(2)(B)(v)(I)(aa) or another as3 sessment administered to all third grade students by 

4 such school; and 

5 ‘‘(11) ensure that each elementary school and sec6 ondary school served by the local educational agency 

7 provides to the parents of students enrolled at such 

8 school, before a person speaks (in-person or virtually) 

9 to such students in a class, school assembly, or any 

10 other school-sponsored event, notice that includes the 

11 name of the speaker and the name of the organization 

12 or other entity being represented by the speaker.’’. 

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

14 Section 1112(e) of the Elementary and Secondary 

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

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

17 and (4) as paragraphs (2), (3), (4), and (6), respec18 tively; 

19 (2) by inserting before paragraph (2) (as so re20 designated), the following: 

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

22 agency receiving funds under this part shall ensure 

23 that each elementary school and secondary school 

24 served by such agency posts on a publicly accessible 

25 website of the school or, if the school does not operate 


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1 a website, widely disseminates to the public, a sum2 mary notice of the right of parents to information 

3 about their children’s education as required under 

4 this Act, which shall be in an understandable format 

5 for parents and include, at minimum— 

6 ‘‘(A) the right to review, and make copies 

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

8 school; 

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

10 State’s challenging State academic standards; 

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

12 their child not less than twice during each school 

13 year in accordance with paragraph (5)(A); 

14 ‘‘(D) the right to review the budget, includ15 ing all revenues and expenditures, of their child’s 

16 school; 

17 ‘‘(E) the right to— 

18 ‘‘(i) a list of the books and other read19 ing materials available in the library of 

20 their child’s school; and 

21 ‘‘(ii) inspect such books or other read22 ing materials; 

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

24 schools in which their child can enroll, including 

25 options for enrolling in or transferring to— 


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

2 educational agency; 

3 ‘‘(ii) charter schools; and 

4 ‘‘(iii) schools served by a different local 

5 educational agency in the State; 

6 ‘‘(G) the right to address the school board of 

7 the local educational agency; 

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

9 activity in their child’s school; 

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

11 plans to eliminate gifted and talented programs 

12 in the child’s school; 

13 ‘‘(J) the right to review any professional de14 velopment materials; 

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

16 grade-level proficient in reading or language arts 

17 at the end of the third grade as described in sub18 section (c)(10); 

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

20 or contractor acts to— 

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

22 markers, pronouns, or preferred name; or 

23 ‘‘(ii) allow a child to change the child’s 

24 sex-based accommodations, including locker 

25 rooms or bathrooms; 


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1 ‘‘(M) the right to know if— 

2 ‘‘(i) a school employee or contractor 

3 acts to— 

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

5 cyberbullying of a student; 

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

7 bullying or hazing of a student; 

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

9 student’s mental health, suicidal idea10 tion, or instances of self-harm; 

11 ‘‘(IV) treat, advise, or address a 

12 specific threat to the safety of a stu13 dent; 

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

15 possession or use of drugs and other 

16 controlled substances; or 

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

18 eating disorder; or 

19 ‘‘(ii) a child brings a weapon to school; 

20 and 

21 ‘‘(N) the right to the notice described in sub22 section (c)(11) before a person speaks (in-person 

23 or virtually) to their child in a class, school as24 sembly, or any other school-sponsored event.’’; 


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

2 paragraph (1))— 

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

4 (ii) as subclause (I) and subclause (II), respec5 tively; 

6 (B) by striking ‘‘(B) ADDITIONAL INFORMA7 TION.—’’ and inserting: 

8 ‘‘(B) ADDITIONAL INFORMATION.— 

9 ‘‘(i) IN GENERAL.—’’; and 

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

11 ‘‘(ii) SCHOOL LIBRARY.—A local edu12 cational agency receiving funds under this 

13 part shall ensure that each elementary 

14 school and secondary school served by such 

15 agency provides the parents of each child 

16 who is a student in such school— 

17 ‘‘(I) at the beginning of each 

18 school year, a list of books and other 

19 reading materials available in the li20 brary of such school; and 

21 ‘‘(II) the opportunity to inspect 

22 such books and other reading mate23 rials. 

24 ‘‘(iii) VIOLENT ACTIVITY.—A local edu25 cational agency receiving funds under this 


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1 part shall ensure that each elementary 

2 school and secondary school served by such 

3 agency provides the parents of each child 

4 who is a student in such school timely noti5 fication of any violent activity occurring on 

6 school grounds or at school-sponsored activi7 ties in which one or more individuals suffer 

8 injuries, except that such notification shall 

9 not contain names or the grade level of any 

10 students involved in the activity. 

11 ‘‘(iv) GIFTED AND TALENTED PRO12 GRAMS.—A local educational agency receiv13 ing funds under this part shall ensure that 

14 each elementary school and secondary school 

15 served by such agency provides the parents 

16 of each child who is a student in such school 

17 timely notification of any plan to eliminate 

18 gifted and talented programs in such 

19 school.’’; and 

20 (4) by inserting after paragraph (4) (as redesig21 nated by paragraph (1)) the following: 

22 ‘‘(5) TRANSPARENCY.—A local educational agen23 cy receiving funds under this part shall provide the 

24 parents of each child who is a student in an elemenVerDate Sep 11 2014 22:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 tary school or secondary school served by such agen2 cy— 

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

4 virtually via videoconference with each teacher of 

5 such child not less than twice during each school 

6 year; and 

7 ‘‘(ii) a notification, at the beginning of each 

8 school year, of the opportunity for such meetings, 

9 including the option to attend such meetings vir10 tually via videoconference; and 

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

12 board of such local educational agency on issues 

13 impacting the education of children in such 

14 agency.’’. 

15 SEC. 105. SENSE OF CONGRESS ON FIRST AMENDMENT 

16 RIGHTS. 

17 Title VIII of the Elementary and Secondary Edu18 cation Act of 1965 (20 U.S.C. 7801 et seq.) is amended— 

19 (1) by redesignating section 8549C as section 

20 8549D; and 

21 (2) by inserting after section 8549B the following 

22 new section: 

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

24 RIGHTS. 

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


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1 ‘‘(1) Parents have a First Amendment right to 

2 express their opinions on decisions made by State and 

3 local education leaders. 

4 ‘‘(2) States and local educational agencies should 

5 empower parents to communicate regularly with Fed6 eral, State, and local policymakers and educators re7 garding the education and well-being of their chil8 dren. 

9 ‘‘(3) Transparent and cooperative relationships 

10 between parents and schools have significant and 

11 long-lasting positive effects on the development of chil12 dren. 

13 ‘‘(4) Parents’ concerns over content and peda14 gogy deserve to be heard and fully considered by 

15 school professionals. 

16 ‘‘(5) Parent and other community input about 

17 schools that is presented in a lawful and appropriate 

18 manner should always be encouraged. 

19 ‘‘(6) Educators, policymakers, elected officials, 

20 Executive Branch officials and employees, and other 

21 stakeholders should never seek to use law enforcement 

22 to criminalize the lawfully expressed concerns of par23 ents about their children’s education, but should never 

24 hesitate to contact public safety officials if there is a 

25 credible threat to the safety and security of students, 


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1 parents, educators, policymakers, elected officials, ex2 ecutive branch officials or employees, or other stake3 holders, school faculty, or staff. 

4 ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress 

5 that the First Amendment guarantees parents and other 

6 stakeholders the right to assemble and express their opinions 

7 on decisions affecting their children and communities, and 

8 that educators and policymakers should welcome and en9 courage that engagement and consider that feedback when 

10 making decisions.’’. 

11 TITLE II—AMENDMENTS TO 

12 FERPA AND PPRA 

13 SEC. 201. AMENDMENTS TO THE FAMILY EDUCATIONAL 

14 RIGHTS AND PRIVACY ACT OF 1974. 

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

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

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

18 1974’’) (20 U.S.C. 1232g(f)) is amended by adding at the 

19 end the following: ‘‘The Secretary shall comply with the re20 porting requirement under section 445(e)(2)(C)(ii) with re21 spect to the enforcement actions taken under this subsection 

22 to ensure compliance with this section.’’. 

23 (b) PROHIBITION ON EDUCATIONAL AGENCIES OR IN24 STITUTIONS ACTING AS AN AGENT OF A PARENT.—Section 

25 444 of the General Education Provisions Act (20 U.S.C. 


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1 1232g) (also known as the ‘‘Family Educational Rights and 

2 Privacy Act of 1974’’) is amended by adding at the end 

3 the following: 

4 ‘‘(k) PROHIBITION ON EDUCATIONAL AGENCIES OR IN5 STITUTIONS ACTING AS AGENT OF A PARENT FOR USE OF

6 TECHNOLOGY.—An educational agency or institution may 

7 not act as the agent of a parent of a student in attendance 

8 at a school of such agency or at such institution for pur9 poses of providing verifiable parental consent for the use 

10 of technology in the classroom for purposes of educating the 

11 student without providing notice and an opportunity for 

12 the parent to object to the use of such technology. 

13 ‘‘(l) PROHIBITION ON EDUCATIONAL AGENCIES OR IN14 STITUTIONS ACTING AS AGENT OF A PARENT FOR VAC15 CINES.—An educational agency or institution may not act 

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

17 school of such agency or at such institution for purposes 

18 of providing verifiable parental consent for a vaccination.’’. 

19 (c) PROHIBITION ON SALE OF INFORMATION FOR COM20 MERCIAL PURPOSES.—Section 444 of the General Edu21 cation Provisions Act (20 U.S.C. 1232g) (also known as the 

22 ‘‘Family Educational Rights and Privacy Act of 1974’’), 

23 as amended by this section, is further amended by adding 

24 at the end the following: 


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

2 COMMERCIAL PURPOSES.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), no educational agency or institution or au5 thorized representative of such agency or institution 

6 may sell student information for commercial or fi7 nancial gain. 

8 ‘‘(2) EXCEPTIONS.—The prohibition described in 

9 paragraph (1) shall not apply to products sold to stu10 dents by or on behalf of the educational agency or in11 stitution, such as yearbooks, prom tickets, and school 

12 pictures.’’. 

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

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

15 known as the ‘‘Family Educational Rights and Privacy Act 

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

17 by adding at the end the following: 

18 ‘‘(n) PARENTAL CONSULTATION.—In developing a pri19 vacy policy or procedure, an educational agency or institu20 tion shall engage meaningfully with parents of students in 

21 attendance at the schools served by such agency or institu22 tion.’’. 

23 (e) DISCLOSURE OF INFORMATION.—Section 444 of the 

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

25 known as the ‘‘Family Educational Rights and Privacy Act 


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

2 by adding at the end the following: 

3 ‘‘(o) DISCLOSURE OF INFORMATION.—An educational 

4 agency or institution or authorized representative of such 

5 agency or institution shall, upon request from a parent of 

6 a student, disclose to such parent the identity of any indi7 vidual or entity with whom information is shared from the 

8 education record of the student or any response of the stu9 dent to a survey.’’. 

10 SEC. 202. PROTECTION OF PUPIL RIGHTS. 

11 (a) AVAILABILITY FOR INSPECTION BY PARENTS OR

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

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

14 as follows: 

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

16 GUARDIANS.—A local educational agency (as such term is 

17 defined in subsection (c)(6)(C)) that receives funds under 

18 any applicable program shall ensure the following: 

19 ‘‘(1) INFORMATION AVAILABLE.—Each of the fol20 lowing shall be available for inspection by the parents 

21 or guardians of the children in attendance at the 

22 schools served by such agency, and the availability of 

23 each of the following for inspection shall not be condi24 tioned on any requirement that such parents or 

25 guardians sign a nondisclosure agreement: 


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1 ‘‘(A) All instructional materials, including 

2 teacher’s manuals, films, tapes, or other supple3 mentary material which will be used in such 

4 school or in connection with any survey, anal5 ysis, or evaluation. 

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

7 made available to students in such school or 

8 through the school library of such school. 

9 ‘‘(C) Any professional development mate10 rials. 

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

12 ‘‘(A) IN GENERAL.—The agency shall pro13 vide comment periods during which parents or 

14 guardians of the children in attendance at the 

15 schools served by the agency may inspect and 

16 provide feedback on any of the materials referred 

17 to in paragraph (1) that— 

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

19 such children during the three weeks fol20 lowing the comment period; or 

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

22 during preceding portions of the school 

23 year. 

24 ‘‘(B) FREQUENCY AND DURATION.—The 

25 comment periods described in subparagraph (A) 


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1 shall be held not less frequently than once every 

2 three weeks during the school year and each com3 ment period shall be not less than three school 

4 days in duration.’’. 

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

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

7 is amended— 

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

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

10 and 

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

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

13 period at the end. 

14 (c) DEVELOPMENT AND ADOPTION OF LOCAL POLI15 CIES.—Section 445(c) of the General Education Provisions 

16 Act (20 U.S.C. 1232h(c)) is amended— 

17 (1) in the subsection heading, by striking ‘‘PHYS18 ICAL’’ and inserting ‘‘MEDICAL’’; 

19 (2) in paragraph (1)— 

20 (A) in the matter preceding subparagraph 

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

22 and inserting ‘‘in consultation with parents in 

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

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

25 clause (i) to read as follows: 


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

2 to inspect, upon the request of the parent, 

3 any instructional material used as part of 

4 the educational curriculum for the student, 

5 and any books or other reading materials 

6 made available to the student in a school 

7 served by the agency or through the school 

8 library; and’’; 

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

10 as follows: 

11 ‘‘(D) The administration of medical exami12 nations or screenings that the school or agency 

13 may administer to a student, including— 

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

15 medical examination or screening, and re16 ceipt of consent from parents before admin17 istering such an examination or screening; 

18 and 

19 ‘‘(ii) in the event of an emergency that 

20 requires a medical examination or screening 

21 without time for parental notification and 

22 consent, the procedure for promptly noti23 fying parents of such examination or 

24 screening subsequent to such examination or 

25 screening.’’; and 


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1 (D) by amending subparagraph (E) to read 

2 as follows: 

3 ‘‘(E) The prohibition on the collection, dis4 closure, or use of personal information collected 

5 from students for the purpose of marketing or for 

6 selling that information (or otherwise providing 

7 that information to others for that purpose), 

8 other than for a legitimate educational purpose 

9 to improve the education of students as described 

10 in paragraph (4), and the arrangements to pro11 tect student privacy that are provided by the 

12 agency in the event of such collection, disclosure, 

13 or use for such a legitimate educational pur14 pose.’’. 

15 (d) PARENTAL NOTIFICATION.—Paragraph (2) of sec16 tion 445(c) of the General Education Provisions Act (20 

17 U.S.C. 1232h(c)) is amended— 

18 (1) in the paragraph heading, by inserting 

19 ‘‘CONSULTATION AND’’ before ‘‘NOTIFICATION’’; 

20 (2) by redesignating subparagraphs (A) through 

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

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

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

24 end; 


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1 (B) by amending clause (ii) to read as fol2 lows: 

3 ‘‘(ii) in the case of an activity de4 scribed in clause (i) or (iii) of subpara5 graph (D), offer an opportunity and clear 

6 instructions for the parent (or in the case of 

7 a student who is an adult or emancipated 

8 minor, the student) to opt the student out of 

9 participation in such activity;’’; and 

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

11 ‘‘(iii) in the case of an activity de12 scribed in subparagraph (D)(i), a descrip13 tion of how such activity is for a legitimate 

14 educational purpose to improve the edu15 cation of students as described in paragraph 

16 (4); and 

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

18 a survey described in subparagraph (D)(ii) 

19 without the prior written consent of the stu20 dent (if the student is an adult or emanci21 pated minor), or in the case of an 

22 unemancipated minor, without the prior 

23 written consent of the parent, which is pro24 vided specifically for such survey.’’; 


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

2 amended and redesignated), the following: 

3 ‘‘(A) PARENTAL CONSULTATION.—The pa4 rental consultation required for the purpose of 

5 developing and adopting policies under para6 graphs (1) and (3) by a local educational agency 

7 shall ensure that such policy is developed with 

8 meaningful engagement by parents of students 

9 enrolled in schools served by that agency.’’; and 

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

11 paragraph (2))— 

12 (A) by amending clause (i) to read as fol13 lows: 

14 ‘‘(i) Activities involving the collection, 

15 disclosure, or use of personal information 

16 collected from students for a legitimate edu17 cational purpose to improve the education 

18 of students as described in paragraph (4).’’; 

19 and 

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

21 physical’’ and inserting ‘‘medical’’. 

22 (e) UPDATES TO EXISTING POLICIES.—Paragraph (3) 

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

24 (20 U.S.C. 1232h(c)) is amended to read as follows: 

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


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

2 days after the date of enactment of the Parents 

3 Bill of Rights Act, a local educational agency 

4 that receives funds under any applicable pro5 gram shall— 

6 ‘‘(i) review policies covering the re7 quirements of paragraph (1) as in effect on 

8 the day before such date of enactment; and 

9 ‘‘(ii) develop and update such policies 

10 to reflect the changes made to paragraph (1) 

11 by the amendments made by the Parents 

12 Bill of Rights Act. 

13 ‘‘(B) CONSULTATION AND NOTIFICATION.— 

14 In developing and updating the policies under 

15 subparagraph (A), the agency shall comply with 

16 the consultation and notification requirements 

17 under paragraph (2).’’. 

18 (f) EXCEPTIONS.—Paragraph (4)(A) of section 445(c) 

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

20 1232h(c)) is amended by amending the matter preceding 

21 clause (i) to read as follows: 

22 ‘‘(A) EDUCATIONAL PRODUCTS OR SERV23 ICES.—For purposes of paragraph (1)(E), the 

24 collection, disclosure, or use of personal informa25 tion collected from students for a legitimate eduVerDate Sep 11 2014 22:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 cational purpose to improve the education of stu2 dents means the exclusive purpose of developing, 

3 evaluating, or providing educational products or 

4 services for, or to, students or schools, such as the 

5 following:’’. 

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

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

8 is amended— 

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

10 follows: 

11 ‘‘(B) MEDICAL EXAMINATION OR SCREEN12 ING.—The term ‘medical examination or screen13 ing’ means any medical examination or screen14 ing that involves the exposure of private body 

15 parts, or any act during such examination or 

16 screening that includes incision, insertion, or in17 jection into the body, or a mental health or sub18 stance use disorder screening, except that such 

19 term does not include a hearing, vision, or scoli20 osis screening, or an observational screening car21 ried out to comply with child find obligations 

22 under the Individuals with Disabilities Edu23 cation Act (20 U.S.C. 1400 et seq.).’’; and 

24 (2) in subparagraph (E)— 

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


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

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

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

4 ‘‘(v) an email address.’’. 

5 (h) ENFORCEMENT AND REPORTING.—Subsection (e) 

6 of section 445 of the General Education Provisions Act (20 

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

8 ‘‘(e) ENFORCEMENT AND REPORTING.— 

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

10 such action as the Secretary determines appropriate 

11 to enforce this section, except that action to terminate 

12 assistance provided under an applicable program 

13 shall be taken only if the Secretary determines that— 

14 ‘‘(A) there has been a failure to comply with 

15 such section; and 

16 ‘‘(B) compliance with such section cannot 

17 be secured by voluntary means. 

18 ‘‘(2) REPORTING.— 

19 ‘‘(A) LOCAL EDUCATIONAL AGENCIES.—On 

20 an annual basis, each local educational agency 

21 (as such term is defined in subsection (c)(6)(C)) 

22 that receives funds under any applicable pro23 gram shall— 

24 ‘‘(i) without identifying any personal 

25 information of a student or students, report 


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1 to the State educational agency any enforce2 ment actions or investigations carried out 

3 for the preceding school year to ensure com4 pliance with this section; and 

5 ‘‘(ii) publish such information on its 

6 website or through other public means used 

7 for parental notification if the agency does 

8 not have a website. 

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

10 State educational agency shall provide to the 

11 Secretary a report, with respect to the preceding 

12 school year, that includes all actions local edu13 cational agencies have reported under subpara14 graph (A), and a description of the enforcement 

15 actions the State educational agency took to en16 sure parents’ rights were protected. 

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

18 after the date of enactment of the Parents Bill of 

19 Rights Act, and annually thereafter, the Sec20 retary shall submit to the Committee on Edu21 cation and the Workforce of the House of Rep22 resentatives and the Committee on Health, Edu23 cation, Labor, and Pensions of the Senate— 

24 ‘‘(i) the reports received under sub25 paragraph (B); and 


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1 ‘‘(ii) a description of the enforcement 

2 actions taken by the Secretary under this 

3 subsection and section 444(f) to ensure full 

4 compliance with this section and section 

5 444, respectively.’’. 

6 TITLE III—PROHIBITION ON 

7 FEDERAL INVOLVEMENT IN 

8 CURRICULUM 

9 SEC. 301. RULE OF CONSTRUCTION. 

10 Nothing in this Act may be construed to authorize any 

11 department, agency, officer, or employee of the United 

12 States to exercise any direction, supervision, or control over 

13 the curriculum, program of instruction, administration, or 

14 personnel of any educational institution, school, or school 

15 system. 

16 TITLE IV—GENDER MARKERS, 

17 PRONOUNS, AND PREFERRED 

18 NAMES ON SCHOOL FORMS 

19 SEC. 401. REQUIREMENT RELATED TO GENDER MARKERS, 

20 PRONOUNS, AND PREFERRED NAMES ON 

21 SCHOOL FORMS. 

22 As a condition of receiving Federal funds, any elemen23 tary school (as such term is defined in section 8101 of the 

24 Elementary and Secondary Education Act of 1965 (20 

25 U.S.C. 7801)) or school that consists of only middle grades 


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1 (as such term is defined in such section), that receives Fed2 eral funds shall be required to obtain parental consent be3 fore— 

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

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

6 (2) allowing a child to change the child’s sex7 based accommodations, including locker rooms or 

8 bathrooms. 

9 TITLE V—ACCESS TO SCHOOL 

10 BROADBAND 

11 SEC. 501. SENSE OF CONGRESS. 

12 It is the sense of Congress that all public elementary 

13 and public secondary school students should have access to 

14 broadband. 

15 TITLE VI—SENSE OF CONGRESS 

16 SEC. 601. SENSE OF CONGRESS. 

17 It is the sense of Congress that all public elementary 

18 school and secondary school students should have opportuni19 ties to learn the history of the Holocaust and anti-Semi20 tism. 


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Union Calendar No. 4 

118TH CONGRESS 

1ST SESSION H. R. 5 

[Report No. 118–9] 

A BILL 

To ensure the rights of parents are honored and 

protected in the Nation’s public schools. 

MARCH 14, 2023 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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