[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
1st Session
H. R. 5
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To ensure the rights of parents are honored and protected in the
Nation's public schools.
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 Bill of Rights Act''.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
SEC. 101. STATE PLAN ASSURANCES.
Section 1111(g)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(g)(2)) is amended--
(1) in subparagraph (M), by striking ``and'' at the end;
(2) in subparagraph (N), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(O) the State will ensure that each local
educational agency in the State--
``(i) in a case in which the curriculum for
an elementary or secondary school (including
secondary career and technical education
schools) grade level is freely and publicly
available on the internet--
``(I) posts on a publicly
accessible website of the agency, such
curriculum; or
``(II) if such agency does not
operate a website, widely disseminates
to the public such curriculum; or
``(ii) in a case in which the curriculum
for an elementary or secondary school
(including secondary career and technical
education schools) grade level is not freely
and publicly available on the internet--
``(I) posts on a publicly
accessible website of the agency--
``(aa) a description of
such curriculum; and
``(bb) information on how
parents can review such
curriculum as described in
section 1112(e)(1)(A); or
``(II) if such agency does not
operate a website, widely disseminates
to the public the description and
information described in items (aa) and
(bb) of subclause (I); and
``(P) in the case of any revisions to the State's
challenging State academic standards (including any
revisions to the levels of achievement within the
State's academic achievement standards), the State
educational agency will post to the homepage of its
website, and widely disseminate to the public, notice
of such revisions and a copy of such revisions, except
that the State educational agency shall not be required
to submit such notice or such revisions to the
Secretary.''.
SEC. 102. ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.
Section 1111(h)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(h)(2)) is amended by inserting at the end the
following new subparagraph:
``(E) Budget.--Each local educational agency report
card shall include the budget for the school year for
which such report card is being prepared (including all
revenues and expenditures (including expenditures made
to private entities)) for the local educational agency
as a whole, and for each elementary school and
secondary school (including secondary career and
technical education schools) served by the local
educational agency. In addition to the detailed budget
information required under the preceding sentence, the
agency shall include a separate fact sheet that
summarizes such information in a clear and easily
understandable format.''.
SEC. 103. LOCAL EDUCATIONAL AGENCY PLAN ASSURANCES.
Section 1112(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6312(c)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) meet the requirements described in section
1111(g)(2)(O);
``(9) post on a publicly accessible website of the local
educational agency or, if the local educational agency does not
operate a website, widely disseminate to the public, the plan
for carrying out the parent and family engagement described in
section 1116 and all policies and procedures that result from
such engagement;
``(10) ensure that each elementary school served by the
local educational agency notifies the parents of any student
enrolled at such school when the student does not score as
grade-level proficient in reading or language arts at the end
of the third grade based on the reading or language arts
assessments administered under section 1111(b)(2)(B)(v)(I)(aa)
or another assessment administered to all third grade students
by such school; and
``(11) ensure that each elementary school and secondary
school (including secondary career and technical education
schools) served by the local educational agency provides to the
parents of students enrolled at such school, before a person
speaks (in-person or virtually) to such students in a class,
school assembly, or any other school-sponsored event, notice
that includes the name of the speaker and the name of the
organization or other entity being represented by the
speaker.''.
SEC. 104. PARENTS RIGHT-TO-KNOW.
Section 1112(e) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6312(e)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (6), respectively;
(2) by inserting before paragraph (2) (as so redesignated),
the following:
``(1) Notice of rights.--A local educational agency
receiving funds under this part shall ensure that each
elementary school and secondary school (including secondary
career and technical education schools) served by such agency
posts on a publicly accessible website of the school or, if the
school does not operate a website, widely disseminates to the
public, a summary notice of the right of parents to information
about their children's education as required under this Act,
which shall be in an understandable format for parents and
include, at minimum--
``(A) the right (provided in accordance with the
requirements of section 445(a)(2) of the General
Education Provisions Act (20 U.S.C. 1232h(a)(2)) with
respect to such local educational agency) to review,
and make copies of, at no cost, the curriculum of their
child's school;
``(B) the right to know if the State alters the
State's challenging State academic standards;
``(C) the right to meet with each teacher of their
child not less than twice during each school year in
accordance with paragraph (5)(A);
``(D) the right to review the budget, including all
revenues and expenditures, of their child's school;
``(E) the right to--
``(i) a list of the books and other reading
materials available in the library of their
child's school; and
``(ii) inspect such books or other reading
materials;
``(F) the right to information about all schools in
which their child can enroll, including options for
enrolling in or transferring to--
``(i) other schools served by the local
educational agency;
``(ii) charter schools; and
``(iii) schools served by a different local
educational agency in the State;
``(G) the right to address the school board of the
local educational agency;
``(H) the right to information about violent
activity in their child's school;
``(I) the right to information about any plans to
eliminate gifted and talented or college credit
programs in the child's school, including Advanced
Placement and dual-enrollment classes;
``(J) the right to review any professional
development materials;
``(K) the right to know if their child is not
grade-level proficient in reading or language arts at
the end of the third grade as described in subsection
(c)(10);
``(L) the right to know if a school employee or
contractor acts to--
``(i) change a minor child's gender
markers, pronouns, or preferred name; or
``(ii) allow a child to change the child's
sex-based accommodations, including locker
rooms or bathrooms;
``(M) the right to know if--
``(i) a school employee or contractor acts
to--
``(I) treat, advise, or address the
cyberbullying of a student;
``(II) treat, advise, or address
the bullying or hazing of a student;
``(III) treat, advise, or address a
student's mental health, suicidal
ideation, or instances of self-harm;
``(IV) treat, advise, or address a
specific threat to the safety of a
student;
``(V) treat, advise, or address the
possession or use of drugs and other
controlled substances; or
``(VI) treat, advise, or address an
eating disorder; or
``(ii) a child brings a weapon to school;
``(N) the right to the notice described in
subsection (c)(11) before a person speaks (in-person or
virtually) to their child in a class, school assembly,
or any other school-sponsored event;
``(O) the right to be informed of the total number
of school counselors in their child's school;
``(P) the right to know if their child's school
operates, sponsors, or facilitates athletic programs or
activities that permit an individual whose biological
sex is male to participate in an athletic program or
activity that is designated for individuals whose
biological sex is female;
``(Q) the right to know if their child's school
allows an individual whose biological sex is male to
use restrooms or changing rooms designated for
individuals whose biological sex is female; and
``(R) the right to timely notice of any major
cyberattack against their child's school that may have
compromised student or parent information.'';
(3) in paragraph (2)(B) (as redesignated by paragraph
(1))--
(A) by redesignating clause (i) and clause (ii) as
subclause (I) and subclause (II), respectively;
(B) by striking ``(B) Additional information.--''
and inserting:
``(B) Additional information.--
``(i) In general.--''; and
(C) by adding at the end the following:
``(ii) School library.--A local educational
agency receiving funds under this part shall
ensure that each elementary school and
secondary school (including secondary career
and technical education schools) served by such
agency provides the parents of each child who
is a student in such school--
``(I) at the beginning of each
school year, a list of books and other
reading materials available in the
library of such school; and
``(II) the opportunity to inspect
such books and other reading materials.
``(iii) Violent activity.--A local
educational agency receiving funds under this
part shall ensure that each elementary school
and secondary school (including secondary
career and technical education schools) served
by such agency provides the parents of each
child who is a student in such school timely
notification of any violent activity occurring
on school grounds or at school-sponsored
activities in which one or more individuals
suffer injuries (including whether such agency
is aware of videos or recordings of such
violent activity), except that such
notification shall not contain names or the
grade level of any students involved in the
activity.
``(iv) Gifted and talented programs.--A
local educational agency receiving funds under
this part shall ensure that each elementary
school and secondary school (including
secondary career and technical education
schools) served by such agency provides the
parents of each child who is a student in such
school timely notification of any plan to
eliminate gifted and talented or college credit
programs in such school, including Advanced
Placement and dual-enrollment classes.
``(v) School counselors.--A local
educational agency receiving funds under this
part shall ensure that each elementary school
and secondary school (including secondary
career and technical education schools) served
by such agency provides the parents of each
child who is a student in such school the
information described in paragraph (1)(O).
``(vi) Enrollment options.--A local
educational agency receiving funds under this
part shall ensure that each elementary school
and secondary school (including secondary
career and technical education schools) served
by such agency provides the parents of each
child who is a student in such school the
information described in paragraph (1)(F),
including the enrollment and transfer options
described in such paragraph.
``(vii) School employee or contractor
actions.--A local educational agency receiving
funds under this part shall ensure that each
elementary school and secondary school
(including secondary career and technical
education schools) served by such agency
notifies the parents of any child who is a
student in such school if a school employee or
contractor takes, with respect to such child,
any action described in clause (i) or (ii) of
paragraph (1)(L).
``(viii) School and student safety.--A
local educational agency receiving funds under
this part shall ensure that each elementary
school and secondary school (including
secondary career and technical education
schools) served by such agency notifies--
``(I) the parents of any child who
is a student in such school if a school
employee or contractor takes, with
respect to such child, any action
described in clause (i) of paragraph
(1)(M); and
``(II) the parents of each child
who is a student in such school if any
child takes the action described in
clause (ii) of paragraph (1)(M).
``(ix) Professional development
materials.--A local educational agency
receiving funds under this part shall ensure
that each elementary school and secondary
school (including secondary career and
technical education schools) served by such
agency provides the parents of each child who
is a student in such school the opportunity to
review professional development materials to
ensure the parental right described in
paragraph (1)(J).
``(x) Athletic programs or activities.--A
local educational agency receiving funds under
this part shall ensure that each elementary
school and secondary school (including
secondary career and technical education
schools) served by such agency provides the
parents of each child who is a student in such
school the information described in paragraph
(1)(O).
``(xi) Accommodations.--A local educational
agency receiving funds under this part shall
ensure that each elementary school and
secondary school (including secondary career
and technical education schools) served by such
agency provides the parents of each child who
is a student in such school the information
described in paragraph (1)(O).
``(xii) Cyberattacks.--A local educational
agency receiving funds under this part shall
ensure that each elementary school and
secondary school (including secondary career
and technical education schools) served by such
agency provides the parents of each child who
is a student in such school notifications
described in paragraph (1)(O).''; and
(4) by inserting after paragraph (4) (as redesignated by
paragraph (1)) the following:
``(5) Transparency.--A local educational agency receiving
funds under this part shall provide the parents of each child
who is a student in an elementary school or secondary school
(including secondary career and technical education schools)
served by such agency--
``(A)(i) the opportunity to meet in-person or
virtually via videoconference with each teacher of such
child not less than twice during each school year; and
``(ii) a notification, at the beginning of each
school year, of the opportunity for such meetings,
including the option to attend such meetings virtually
via videoconference; and
``(B) the opportunity to address the school board
of such local educational agency on issues impacting
the education of children in such agency and on any
violations of the rights specified in paragraph (1).''.
SEC. 105. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.
(a) In General.--Title VIII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended--
(1) by redesignating section 8549C as section 8549D; and
(2) by inserting after section 8549B the following new
section:
``SEC. 8549C. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.
``(a) Findings.--Congress finds the following:
``(1) The right of parents to educate their children is a
pre-political natural right that the U.S. Supreme Court has
recognized as `beyond debate' and rooted in the `history and
culture of Western civilization'.
``(2) Parents have a First Amendment right to express their
opinions on decisions made by State and local education
leaders.
``(3) States and local educational agencies should empower
parents to communicate regularly with Federal, State, and local
policymakers and educators regarding the education and well-
being of their children.
``(4) Transparent and cooperative relationships between
parents and schools have significant and long-lasting positive
effects on the development of children.
``(5) Parents' concerns over content and pedagogy deserve
to be heard and fully considered by school professionals.
``(6) Parent and other community input about schools that
is presented in a lawful and appropriate manner should always
be encouraged.
``(7) Educators, policymakers, elected officials, Executive
Branch officials and employees, and other stakeholders should
never seek to use law enforcement to criminalize the lawfully
expressed concerns of parents about their children's education,
but should never hesitate to contact public safety officials if
there is a credible threat to the safety and security of
students, parents, educators, policymakers, elected officials,
executive branch officials or employees, or other stakeholders,
school faculty, or staff.
``(b) Sense of Congress.--It is the sense of Congress that--
``(1) the First Amendment guarantees parents and other
stakeholders the right to assemble and express their opinions
on decisions affecting their children and communities, and that
educators and policymakers should welcome and encourage that
engagement and consider that feedback when making decisions;
and
``(2) parents have a fundamental right, protected by the
U.S. Constitution, to direct the education of their children,
and the strict scrutiny test used by courts to evaluate cases
concerning fundamental rights is the correct standard of review
for government actions that interfere with the right of parents
to educate their children.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended--
(1) by striking the item relating to section 8549C; and
(2) by inserting after the item relating to section 8549B
the following:
Sec. 8549C. Sense of Congress on First Amendment Rights.
Sec. 8549D. Technical assistance.
SEC. 106. DEFINITION OF SECONDARY CAREER AND TECHNICAL EDUCATION
SCHOOL.
Section 8101 the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801) is amended--
(1) by redesignating paragraphs (45) through (52) as
paragraphs (46) through (53), respectively; and
(2) by inserting after paragraph (44) the following new
paragraph:
``(45) Secondary career and technical education school.--
The term `secondary career and technical education school'
means a secondary school (including secondary career and
technical education schools) that is an area career and
technical education school described in subparagraph (A) or (B)
of paragraph (3) of section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2032(3)(A); (B)).''.
TITLE II--AMENDMENTS TO FERPA AND PPRA
SEC. 201. AMENDMENTS TO THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT
OF 1974.
(a) Enforcement.--Section 444(f) of the General Education
Provisions Act (20 U.S.C. 1232g) (also known as the ``Family
Educational Rights and Privacy Act of 1974'') (20 U.S.C. 1232g(f)) is
amended by adding at the end the following: ``The Secretary shall
comply with the reporting requirement under section 445(e)(2)(C)(ii)
with respect to the enforcement actions taken under this subsection to
ensure compliance with this section.''.
(b) Prohibition on Educational Agencies or Institutions Acting as
an Agent of a Parent.--Section 444 of the General Education Provisions
Act (20 U.S.C. 1232g) (also known as the ``Family Educational Rights
and Privacy Act of 1974'') is amended by adding at the end the
following:
``(k) Prohibition on Educational Agencies or Institutions Acting as
Agent of a Parent for Use of Technology.--An educational agency or
institution may not act as the agent of a parent of a student in
attendance at a school of such agency or at such institution for
purposes of providing verifiable parental consent for the use of
technology in the classroom for purposes of educating the student
without providing notice and an opportunity for the parent to object to
the use of such technology.
``(l) Prohibition on Educational Agencies or Institutions Acting as
Agent of a Parent for Vaccines.--An educational agency or institution
may not act as the agent of a parent of a student in attendance at a
school of such agency or at such institution for purposes of providing
verifiable parental consent for a vaccination.''.
(c) Prohibition on Sale of Information for Commercial Purposes.--
Section 444 of the General Education Provisions Act (20 U.S.C. 1232g)
(also known as the ``Family Educational Rights and Privacy Act of
1974''), as amended by this section, is further amended by adding at
the end the following:
``(m) Prohibition on Sale of Information for Commercial Purposes.--
``(1) In general.--Except as provided in paragraph (2), no
educational agency or institution or authorized representative
of such agency or institution may sell student information for
commercial or financial gain.
``(2) Exceptions.--The prohibition described in paragraph
(1) shall not apply to products sold to students by or on
behalf of the educational agency or institution, such as
yearbooks, prom tickets, and school pictures.''.
(d) Parental Consultation.--Section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) (also known as the ``Family
Educational Rights and Privacy Act of 1974''), as amended by this
section, is further amended by adding at the end the following:
``(n) Parental Consultation.--In developing a privacy policy or
procedure, an educational agency or institution shall engage
meaningfully with parents of students in attendance at the schools
served by such agency or institution.''.
(e) Disclosure of Information.--Section 444 of the General
Education Provisions Act (20 U.S.C. 1232g) (also known as the ``Family
Educational Rights and Privacy Act of 1974''), as amended by this
section, is further amended by adding at the end the following:
``(o) Disclosure of Information.--An educational agency or
institution or authorized representative of such agency or institution
shall, upon request from a parent of a student, disclose to such parent
the identity of any individual or entity with whom information is
shared from the education record of the student or any response of the
student to a survey.''.
SEC. 202. PROTECTION OF PUPIL RIGHTS.
(a) Availability for Inspection by Parents or Guardians.--Section
445(a) of the General Education Provisions Act (20 U.S.C. 1232h(a)) is
amended to read as follows:
``(a) Availability for Inspection by Parents or Guardians.--A local
educational agency (as such term is defined in subsection (c)(6)(C))
that receives funds under any applicable program shall ensure the
following:
``(1) Information available.--Each of the following shall
be available for inspection by the parents or guardians of the
children in attendance at the schools served by such agency,
and the availability of each of the following for inspection
shall not be conditioned on any requirement that such parents
or guardians sign a nondisclosure agreement:
``(A) All instructional materials, including
teacher's manuals, films, tapes, or other supplementary
material which will be used in such school or in
connection with any survey, analysis, or evaluation.
``(B) Any books or other reading materials made
available to students in such school or through the
school library of such school.
``(C) Any professional development materials.
``(2) Comment periods for parents.--
``(A) In general.--The agency shall provide comment
periods during which parents or guardians of the
children in attendance at the schools served by the
agency may inspect and provide feedback on any of the
materials referred to in paragraph (1) that--
``(i) are expected to be used to teach such
children during the three weeks following the
comment period; or
``(ii) were used to teach such children
during preceding portions of the school year.
``(B) Frequency and duration.--The comment periods
described in subparagraph (A) shall be held not less
frequently than once every three weeks during the
school year and each comment period shall be not less
than three school days in duration.''.
(b) Single Issue Notification.--Section 445(b) of the General
Education Provisions Act (20 U.S.C. 1232h) is amended--
(1) by striking ``prior consent of the student'' and
inserting ``prior written consent of the student''; and
(2) by inserting ``, which is provided specifically for
such survey, analysis, or evaluation'' before the period at the
end.
(c) Development and Adoption of Local Policies.--Section 445(c) of
the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended--
(1) in the subsection heading, by striking ``Physical'' and
inserting ``Medical'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``in consultation with parents'' and inserting
``in consultation with parents in accordance with
paragraph (2)(A)'';
(B) in subparagraph (C), by amending clause (i) to
read as follows:
``(i) The right of a parent of a student to
inspect, upon the request of the parent, any
instructional material used as part of the
educational curriculum for the student, and any
books or other reading materials made available
to the student in a school served by the agency
or through the school library; and'';
(C) by amending subparagraph (D) to read as
follows:
``(D) The administration of medical examinations or
screenings that the school or agency may administer to
a student, including--
``(i) prior notice to parents of such a
medical examination or screening, and receipt
of consent from parents before administering
such an examination or screening; and
``(ii) in the event of an emergency that
requires a medical examination or screening
without time for parental notification and
consent, the procedure for promptly notifying
parents of such examination or screening
subsequent to such examination or screening.'';
and
(D) by amending subparagraph (E) to read as
follows:
``(E) The prohibition on the collection,
disclosure, or use of personal information collected
from students for the purpose of marketing or for
selling that information (or otherwise providing that
information to others for that purpose), other than for
a legitimate educational purpose to improve the
education of students as described in paragraph (4),
and the arrangements to protect student privacy that
are provided by the agency in the event of such
collection, disclosure, or use for such a legitimate
educational purpose.''.
(d) Parental Notification.--Paragraph (2) of section 445(c) of the
General Education Provisions Act (20 U.S.C. 1232h(c)) is amended--
(1) in the paragraph heading, by inserting ``consultation
and'' before ``notification'';
(2) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D), respectively;
(3) in subparagraph (B) (as so redesignated)--
(A) in clause (i), by striking ``and'' at the end;
(B) by amending clause (ii) to read as follows:
``(ii) in the case of an activity described
in clause (i) or (iii) of subparagraph (D),
offer an opportunity and clear instructions for
the parent (or in the case of a student who is
an adult or emancipated minor, the student) to
opt the student out of participation in such
activity;''; and
(C) by adding at the end the following:
``(iii) in the case of an activity
described in subparagraph (D)(i), a description
of how such activity is for a legitimate
educational purpose to improve the education of
students as described in paragraph (4); and
``(iv) not require a student to submit to a
survey described in subparagraph (D)(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, which is provided
specifically for such survey.'';
(4) by inserting before subparagraph (B) (as so amended and
redesignated), the following:
``(A) Parental consultation.--The parental
consultation required for the purpose of developing and
adopting policies under paragraphs (1) and (3) by a
local educational agency shall ensure that such policy
is developed with meaningful engagement by parents of
students enrolled in schools served by that agency.'';
and
(5) in subparagraph (D) (as redesignated by paragraph
(2))--
(A) by amending clause (i) to read as follows:
``(i) Activities involving the collection,
disclosure, or use of personal information
collected from students for a legitimate
educational purpose to improve the education of
students as described in paragraph (4).''; and
(B) in clause (iii), by striking ``invasive
physical'' and inserting ``medical''.
(e) Updates to Existing Policies.--Paragraph (3) of section 445(c)
of the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended
to read as follows:
``(3) Updates to existing policies.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Parents Bill of Rights
Act, a local educational agency that receives funds
under any applicable program shall--
``(i) review policies covering the
requirements of paragraph (1) as in effect on
the day before such date of enactment; and
``(ii) develop and update such policies to
reflect the changes made to paragraph (1) by
the amendments made by the Parents Bill of
Rights Act.
``(B) Consultation and notification.--In developing
and updating the policies under subparagraph (A), the
agency shall comply with the consultation and
notification requirements under paragraph (2).''.
(f) Exceptions.--Paragraph (4)(A) of section 445(c) of the General
Education Provisions Act (20 U.S.C. 1232h(c)) is amended by amending
the matter preceding clause (i) to read as follows:
``(A) Educational products or services.--For
purposes of paragraph (1)(E), the collection,
disclosure, or use of personal information collected
from students for a legitimate educational purpose to
improve the education of students means the exclusive
purpose of developing, evaluating, or providing
educational products or services for, or to, students
or schools, such as the following:''.
(g) Definitions.--Paragraph (6) of section 445(c) of the General
Education Provisions Act (20 U.S.C. 1232h(c)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Medical examination or screening.--The term
`medical examination or screening' means any medical
examination or screening that involves the exposure of
private body parts, or any act during such examination
or screening that includes incision, insertion, or
injection into the body, or a mental health or
substance use disorder screening, except that such term
does not include a hearing, vision, or scoliosis
screening, or an observational screening carried out to
comply with child find obligations under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.).''; and
(2) in subparagraph (E)--
(A) in clause (iii), by striking ``or'';
(B) in clause (iv), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(v) an email address.''.
(h) Enforcement and Reporting.--Subsection (e) of section 445 of
the General Education Provisions Act (20 U.S.C. 1232h) is amended to
read as follows:
``(e) Enforcement and Reporting.--
``(1) Enforcement.--The Secretary shall take such action as
the Secretary determines appropriate to enforce this section,
except that action to terminate assistance provided under an
applicable program shall be taken only if the Secretary
determines that--
``(A) there has been a failure to comply with such
section; and
``(B) compliance with such section cannot be
secured by voluntary means.
``(2) Reporting.--
``(A) Local educational agencies.--On an annual
basis, each local educational agency (as such term is
defined in subsection (c)(6)(C)) that receives funds
under any applicable program shall--
``(i) without identifying any personal
information of a student or students, report to
the State educational agency any enforcement
actions or investigations carried out for the
preceding school year to ensure compliance with
this section; and
``(ii) publish such information on its
website or through other public means used for
parental notification if the agency does not
have a website.
``(B) States.--On an annual basis, each State
educational agency shall provide to the Secretary a
report, with respect to the preceding school year, that
includes all actions local educational agencies have
reported under subparagraph (A), and a description of
the enforcement actions the State educational agency
took to ensure parents' rights were protected.
``(C) Secretary.--Not later than 1 year after the
date of enactment of the Parents Bill of Rights Act,
and annually thereafter, the Secretary shall submit 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--
``(i) the reports received under
subparagraph (B); and
``(ii) a description of the enforcement
actions taken by the Secretary under this
subsection and section 444(f) to ensure full
compliance with this section and section 444,
respectively.''.
TITLE III--PROHIBITION ON FEDERAL INVOLVEMENT IN CURRICULUM
SEC. 301. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to authorize any department,
agency, officer, or employee of the United States to exercise any
direction, supervision, or control over the curriculum, program of
instruction, administration, or personnel of any educational
institution, school, or school system.
TITLE IV--GENDER MARKERS, PRONOUNS, AND PREFERRED NAMES ON SCHOOL FORMS
SEC. 401. REQUIREMENT RELATED TO GENDER MARKERS, PRONOUNS, AND
PREFERRED NAMES ON SCHOOL FORMS.
As a condition of receiving Federal funds from the Department of
Education, any elementary school (as such term is defined in section
8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) or school that consists of only middle grades (as such term is
defined in such section), that receives such Federal funds shall be
required to obtain parental consent before--
(1) changing a minor child's gender markers, pronouns, or
preferred name on any school form; or
(2) allowing a child to change the child's sex-based
accommodations, including locker rooms or bathrooms.
TITLE V--ACCESS TO SCHOOL BROADBAND
SEC. 501. SENSE OF CONGRESS.
It is the sense of Congress that all public elementary and public
secondary school (including public secondary career and technical
education school) students should have access to broadband.
TITLE VI--SENSE OF CONGRESS
SEC. 601. SENSE OF CONGRESS.
It is the sense of Congress that all public elementary school and
secondary school (including public secondary career and technical
education school) students should have opportunities to learn the
history of the Holocaust and anti-Semitism.
TITLE VII--GAO REPORT
SEC. 701. GAO REPORT.
Not later than one year after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Education and the Workforce and the Committee on
Appropriations of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate a report that evaluates and analyzes the
impact of this Act, and the amendments made by this Act, on--
(1) protecting parents' rights in the education of their
children; and
(2) costs to State educational agencies, local educational
agencies, elementary schools, and secondary schools (as such
terms are defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)).
TITLE VIII--RULE OF CONSTRUCTION ON STUDENT ACCESS TO BOOKS AND OTHER
READING MATERIALS
SEC. 801. RULE OF CONSTRUCTION ON STUDENT ACCESS TO BOOKS AND OTHER
READING MATERIALS.
Nothing in this Act, or the amendments made by this Act, shall be
construed as authorizing or granting parents the right or ability to
deny any student who is not their child from accessing any books or
other reading materials that are otherwise available in the library of
their child's school.
TITLE IX--INAPPLICABILITY TO NON-PUBLIC SCHOOLS
SEC. 901. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to impose any requirements on
non-public elementary or secondary schools.
SEC. 902. SENSE OF CONGRESS.
It is the sense of Congress that local educational agencies do not
have the authority to exercise any direction, supervision, or control
over the curriculum or program of instruction of non-public elementary
or secondary schools.
Passed the House of Representatives March 24, 2023.
Attest:
CHERYL L. JOHNSON,
Clerk.