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 re-
garding the purchase or acquisition of library and class-
room-based reference, instructional, and other print ma-
terials for use in elementary schools, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Parental Empower-
ment Act of 2005’’.
SEC. 2. REQUIRED POLICIES AND PROCEDURES. 
Beginning not later than 1 year after the date of the 
enactment of this Act, a State may not receive any funds 
under any program or activity administered by the Sec-
retary of Education unless, with regard to the purchase 
or acquisition of any library or classroom-based reference, 
instructional, or other print material for use in any ele-
mentary school, the State is implementing policies and 
procedures that—
(1) require each local educational agency in the 
State to maintain a parent review and empowerment 
council in accordance with this Act; or 
(2) if the State purchases most library or class-
room-based reference, instructional, or other print 
materials for use in elementary schools served by the 
State’s local educational agencies, require the State 
educational agency to maintain such a council. 
SEC. 3. PARENT REVIEW AND EMPOWERMENT COUNCIL. 
(a) MEMBERSHIP.—Each council shall be composed 
of not less than 5 nor more than 15 members (unless a 
lesser or greater number of members is determined by the 
State (or its designee) to be necessary for organizational 
purposes), of which—
(1) a majority of the members must have a 
child who is enrolled, or was enrolled within the pre-
vious 2 school years, in an elementary school oper-
ated by the applicable educational agency; and 
(2) at least 1 member must have a child who 
is enrolled in a kindergarten operated by such agen-
cy if the kindergarten program of the agency is op-
erated as part of a separate educational program. 
(b) OPERATIONS.—
(1) IN GENERAL.—Each council shall provide 
significant input into the decision-making process of 
the applicable educational agency regarding the pur-
chase or acquisition of any library or classroom-
based reference, instructional, or other print mate-
rial for use in any elementary school. 
(2) RECOMMENDATIONS.—Each council shall 
provide recommendations to the relevant decision-
making body on the purchase or acquisition by the 
applicable educational agency of any library or class-
room-based reference, instructional, or other print 
material for use in any elementary school, including 
by majority vote—
(A) recommending the acceptance in whole 
or in part of the proposed purchase or acquisi-
tion;
(B) recommending the supervised release 
(such as by parent or teacher signature) of part 
of the proposed purchase or acquisition; 
(C) recommending that the relevant deci-
sion-making body review and specifically deter-
mine whether part of the proposed purchase or 
acquisition is appropriate; or 
(D) recommending against part of the pro-
posed purchase or acquisition. 
(3) TIMING.—Each council shall provide rec-
ommendations pursuant to paragraph (2) prior to 
the date of the purchase or acquisition involved. 
(4) MEETINGS.—Each council shall meet not 
less than every 6 months to review, consider, and 
provide recommendations on the purchase or acquisi-
tion by the applicable educational agency of library 
or classroom-based reference, instructional, or other 
print materials for use in any elementary school. 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to create a 
Federal prohibition against the purchase or acquisition of 
any library or classroom-based reference, instructional, or 
other print material by a State or local educational agency 
if the State or agency determines that such material is 
appropriate.
SEC. 5. REPORT. 
Not later than 18 months after the date of the enact-
ment of this Act, the Secretary shall conduct a study and 
submit a report on the results achieved under this Act to 
the Committee on Education and the Workforce of the 
House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) The term ‘‘applicable educational agency’’ 
means—
(A) the local educational agency involved; 
or 
(B) in the case of a State described in sec-
tion 2(2), the State educational agency. 
(2) The term ‘‘child’’ means a child within the 
age limits for which the State involved provides free 
public education. 
(3) The term ‘‘council’’ means a parent review 
and empowerment council maintained in accordance 
with this Act. 
(4) The term ‘‘elementary school’’—
(A) has the meaning given to that term in 
section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801); and
(B) includes a kindergarten operated by 
the applicable educational agency, irrespective 
of whether the kindergarten is operated as part 
of a separate educational program or as a part 
of the State’s elementary education under appli-
cable State law. 
(5) The term ‘‘library or classroom-based ref-
erence, instructional, or other print material’’ ex-
cludes any school textbook. 
(6) The term ‘‘local educational agency’’ has 
the meaning given to that term in section 9101 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(7) The term ‘‘Secretary’’ means the Secretary 
of Education. 
(8) The term ‘‘State’’ includes the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, American Samoa, Guam, the Vir-
gin Islands, and any other territory or possession of 
the United States. 
(9) The term ‘‘State educational agency’’ has 
the meaning given to that term in section 9101 of