I
105TH CONGRESS
2D SESSION
H. R. 3189
To amend the General Education Provisions Act to allow parents access
to certain information.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 1998
Mr. TIAHRT (for himself, Mr. LARGENT, Mr. SOLOMON, Mr. RYUN, Mr.
WICKER, Mr. COBURN, Mr. GRAHAM, Mr. SOUDER, Mr. HILLEARY, Mr.
TALENT, Mr. BARCIA, Mr. LIPINSKI, Mr. HULSHOF, Mr. MCINTOSH,
Mrs. MYRICK, Mr. PETERSON of Pennsylvania, Mr. NORWOOD, Mr. GUT-
KNECHT, Mr. ENSIGN, Mr. CALVERT, Mr. STEARNS, Mr. ENGLISH of
Pennsylvania, Mr. WATTS of Oklahoma, Mr. REDMOND, Mr. PAPPAS, Mr.
BLUNT, Mr. SESSIONS, Mr. HUTCHINSON, Mr. FORBES, Mrs. EMERSON,
Mrs. CHENOWETH, Mr. ARMEY, Mr. ISTOOK, Mr. LEWIS of Kentucky,
Mr. HOEKSTRA, Mr. CRAPO, Mr. HOSTETTLER, Mr. BURTON of Indiana,
Mr. TAYLOR of North Carolina, Mr. MCINNIS, Mr. BARTLETT of Mary-
land, Mr. GOODE, Mr. PITTS, Mr. WAMP, Mr. SHADEGG, Mr. ADERHOLT,
Mr. DICKEY, Mr. DELAY, and Mr. INGLIS of South Carolina) 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 allow
parents access to certain information.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
audio/visual material, manual, journal, film,
tape, or any other material supplementary to
the educational curriculum of a student.
‘‘(B) TESTING MATERIAL.—The term ‘test-
ing material’ means a copy of any test (without
responses) that is administered to a student
during the current or preceding school year,
and if available, any statistical comparison data
regarding the test results with respect to the
student’s age or grade level. The term does not
include a nonclassroom diagnostic test, a stand-
ardized assessment or standardized achievement
test, or a test subject to a copyright agreement.
‘‘(j) RIGHT OF ACCESS.—
‘‘(1) IN GENERAL.—A parent of an elementary
school or secondary school student whose right to
gain access to information or material made avail-
able to the parent under this section during the 30-
day compliance period set forth in subsection (a)(1)
or (i)(1) is knowingly or negligently violated may
maintain an action for appropriate relief after the
last day of such period. Appropriate relief includes
equitable or declaratory relief and reasonably in-
curred litigation costs, including a reasonable attor-
ney’s fee.
‘‘(2) LIMITATION.—A civil action under this
subsection may not commence more than 2 years
after the last day of the 30-day compliance period
set forth in subsection (a)(1) or (i)(1).
‘‘(k) PARENTAL CONSENT.—No funds shall be made
available under any applicable program to an educational
agency or institution that, as part of an applicable pro-
gram and without the prior, written, informed consent of
the parent of a student, requires the student—
‘‘(1) to undergo medical, psychological, or psy-
chiatric examination, testing, treatment, or immuni-
zation (except in the case of a medical emergency);
or
‘‘(2) to reveal any information about the stu-
dent’s personal or family life (except to the extent
necessary to comply with the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5102)).’’.
(b) RIGHT OF ACCESS.—The third sentence of sec-
tion 444(a)(1)(A) of the General Education Provisions Act
(20 U.S.C. 1232g(a)(1)(A)) is amended by striking
‘‘forty-five’’ and inserting ‘‘30’’.
Æ