I 

109TH CONGRESS 

1ST SESSION H. R. 2295

To prohibit a State from receiving Federal education funds unless the State 

has certain policies and procedures regarding the purchase or acquisition 

of library and classroom-based reference, instructional, and other print 

materials for use in elementary schools, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2005

Mr. JONES of North Carolina introduced the following bill; which was referred 

to the Committee on Education and the Workforce 

A BILL

To prohibit a State from receiving Federal education funds 

unless the State has certain policies and procedures regarding the purchase or acquisition of library and classroom-based reference, instructional, and other print materials for use in elementary schools, and for other purposes.

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 ‘‘Parental Empower5 ment Act of 2005’’. 
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1 SEC. 2. REQUIRED POLICIES AND PROCEDURES. 

2 Beginning not later than 1 year after the date of the 

3 enactment of this Act, a State may not receive any funds 

4 under any program or activity administered by the Sec5 retary of Education unless, with regard to the purchase 

6 or acquisition of any library or classroom-based reference, 

7 instructional, or other print material for use in any ele8 mentary school, the State is implementing policies and 

9 procedures that—

10 (1) require each local educational agency in the 

11 State to maintain a parent review and empowerment 

12 council in accordance with this Act; or 

13 (2) if the State purchases most library or class14 room-based reference, instructional, or other print 

15 materials for use in elementary schools served by the 

16 State’s local educational agencies, require the State 

17 educational agency to maintain such a council. 

18 SEC. 3. PARENT REVIEW AND EMPOWERMENT COUNCIL. 

19 (a) MEMBERSHIP.—Each council shall be composed 

20 of not less than 5 nor more than 15 members (unless a 

21 lesser or greater number of members is determined by the 

22 State (or its designee) to be necessary for organizational 

23 purposes), of which—

24 (1) a majority of the members must have a 

25 child who is enrolled, or was enrolled within the pre-
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1 vious 2 school years, in an elementary school oper2 ated by the applicable educational agency; and 

3 (2) at least 1 member must have a child who 

4 is enrolled in a kindergarten operated by such agen5 cy if the kindergarten program of the agency is op6 erated as part of a separate educational program. 

7 (b) OPERATIONS.—

8 (1) IN GENERAL.—Each council shall provide 

9 significant input into the decision-making process of 

10 the applicable educational agency regarding the pur11 chase or acquisition of any library or classroom12 based reference, instructional, or other print mate13 rial for use in any elementary school. 

14 (2) RECOMMENDATIONS.—Each council shall 

15 provide recommendations to the relevant decision16 making body on the purchase or acquisition by the 

17 applicable educational agency of any library or class18 room-based reference, instructional, or other print 

19 material for use in any elementary school, including 

20 by majority vote—

21 (A) recommending the acceptance in whole 

22 or in part of the proposed purchase or acquisi23 tion; 
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1 (B) recommending the supervised release 

2 (such as by parent or teacher signature) of part 

3 of the proposed purchase or acquisition; 

4 (C) recommending that the relevant deci5 sion-making body review and specifically deter6 mine whether part of the proposed purchase or 

7 acquisition is appropriate; or 

8 (D) recommending against part of the pro9 posed purchase or acquisition. 

10 (3) TIMING.—Each council shall provide rec11 ommendations pursuant to paragraph (2) prior to 

12 the date of the purchase or acquisition involved. 

13 (4) MEETINGS.—Each council shall meet not 

14 less than every 6 months to review, consider, and 

15 provide recommendations on the purchase or acquisi16 tion by the applicable educational agency of library 

17 or classroom-based reference, instructional, or other 

18 print materials for use in any elementary school. 

19 SEC. 4. RULE OF CONSTRUCTION. 

20 Nothing in this Act shall be construed to create a 

21 Federal prohibition against the purchase or acquisition of 

22 any library or classroom-based reference, instructional, or 

23 other print material by a State or local educational agency 

24 if the State or agency determines that such material is 

25 appropriate. 
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1 SEC. 5. REPORT. 

2 Not later than 18 months after the date of the enact3 ment of this Act, the Secretary shall conduct a study and 

4 submit a report on the results achieved under this Act to 

5 the Committee on Education and the Workforce of the 

6 House of Representatives and the Committee on Health, 

7 Education, Labor, and Pensions of the Senate. 

8 SEC. 6. DEFINITIONS. 

9 In this Act: 

10 (1) The term ‘‘applicable educational agency’’ 

11 means—

12 (A) the local educational agency involved; 

13 or 

14 (B) in the case of a State described in sec15 tion 2(2), the State educational agency. 

16 (2) The term ‘‘child’’ means a child within the 

17 age limits for which the State involved provides free 

18 public education. 

19 (3) The term ‘‘council’’ means a parent review 

20 and empowerment council maintained in accordance 

21 with this Act. 

22 (4) The term ‘‘elementary school’’—

23 (A) has the meaning given to that term in 

24 section 9101 of the Elementary and Secondary 

25 Education Act of 1965 (20 U.S.C. 7801); and 
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1 (B) includes a kindergarten operated by 

2 the applicable educational agency, irrespective 

3 of whether the kindergarten is operated as part 

4 of a separate educational program or as a part 

5 of the State’s elementary education under appli6 cable State law. 

7 (5) The term ‘‘library or classroom-based ref8 erence, instructional, or other print material’’ ex9 cludes any school textbook. 

10 (6) The term ‘‘local educational agency’’ has 

11 the meaning given to that term in section 9101 of 

12 the Elementary and Secondary Education Act of 

13 1965 (20 U.S.C. 7801). 

14 (7) The term ‘‘Secretary’’ means the Secretary 

15 of Education. 

16 (8) The term ‘‘State’’ includes the several 

17 States, the District of Columbia, the Commonwealth 

18 of Puerto Rico, the Commonwealth of the Northern 

19 Mariana Islands, American Samoa, Guam, the Vir20 gin Islands, and any other territory or possession of 

21 the United States. 

22 (9) The term ‘‘State educational agency’’ has 

23 the meaning given to that term in section 9101 of 
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1 the Elementary and Secondary Education Act of 

2 1965 (20 U.S.C. 7801).

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