Parents Opt-in Protection Act

Subjects: Education

Summary:  <p><b>Parents Opt-in Protection Act</b></p> <p>This bill revises the Protection of Pupil Rights Amendment (PPRA), which governs the administration to students of a survey, analysis, or evaluation that reveals information related to any of the eight protected areas (e.g., political affiliations, sex behavior or attitudes, and religious beliefs).</p> <p>Specifically, the bill requires prior written consent of the student (if the student is an adult or an emancipated minor) or parent (if the student is an unemancipated minor) for such a specific survey, analysis, or evaluation. Currently, PPRA does not specify that this consent must be written.</p> <p>Local educational agencies must update their student privacy policies to specify that students shall not be required to submit to a survey without prior written consent.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1094 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1094

To amend the General Education Provisions Act to ensure that a student 
  is not required to submit to a survey, analysis, or evaluation that 
reveals personal information about such student or their family without 
                         prior written consent.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2023

   Mrs. Miller of Illinois introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the General Education Provisions Act to ensure that a student 
  is not required to submit to a survey, analysis, or evaluation that 
reveals personal information about such student or their family without 
                         prior written consent.

    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 Opt-in Protection Act''.

SEC. 2. PROTECTION OF PUPILS' RIGHTS.

    Section 445 of the General Education Provisions Act (20 U.S.C. 
1232h) is amended--
            (1) in subsection (b)--
                    (A) by striking ``prior consent of the student'' 
                and inserting ``prior written consent of the student''; 
                and
                    (B) by inserting before the period at the end the 
                following: ``, for such specific survey, analysis, or 
                evaluation''; and
            (2) in subsection (c)(2)(A)--
                    (A) by striking ``and'' at the end of clause (i);
                    (B) in clause (ii), by striking ``subparagraph 
                (C).'' and inserting ``clause (i) or (iii) of 
                subparagraph (C); and''; and
                    (C) by adding at the end the following:
                            ``(iii) not require a student to submit to 
                        a survey described in subparagraph (C)(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, for such specific 
                        survey.''.
                                 &lt;all&gt;
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