Text of US HB 5 (2023)

I 118TH CONGRESS 1ST SESSION H. R. 5 To ensure the rights of parents are honored and protected in the Nation’s public schools. IN THE HOUSE OF REPRESENTATIVES MARCH 1, 2023 Ms. LETLOW (for herself, Mr. SCALISE, Mr. EMMER, Ms. STEFANIK, Mr. JOHNSON of Louisiana, Mr. HUDSON, Ms. FOXX, Mrs. MILLER of Illi- nois, Mr. FITZGERALD, Mr. WILSON of South Carolina, Mr. THOMPSON of Pennsylvania, Mr. GROTHMAN, Mr. ALLEN, Mr. BANKS, Mr. SMUCKER, Mr. OWENS, Mrs. STEEL, Mr. BEAN of Florida, Mr. WIL- LIAMS of New York, Mrs. HOUCHIN, Mr. RESCHENTHALER, Mr. MOOLENAAR, Mr. NEWHOUSE, Mrs. MILLER-MEEKS, Mr. BUCHANAN, Mr. HIGGINS of Louisiana, Mr. FINSTAD, Ms. TENNEY, Mr. DESJARLAIS, Mr. FALLON, Mr. KELLY of Pennsylvania, Mr. EDWARDS, Mr. TIFFANY, Mr. CARL, Mr. CALVERT, Mr. VALADAO, Mrs. HINSON, Mr. NORMAN, Mr. BOST, Mr. MEUSER, Mr. WALTZ, Mr. KUSTOFF, Mr. MIKE GARCIA of California, Mr. GUTHRIE, Ms. MACE, Mr. STEIL, Mr. WENSTRUP, Mr. RUTHERFORD, Mr. GRAVES of Louisiana, Mrs. ROD- GERS of Washington, Mr. DUNCAN, Mr. MILLER of Ohio, Mr. MCCLIN- TOCK, Mr. CRENSHAW, Mr. MOONEY, Mr. GOODEN of Texas, Mr. GIMENEZ, Mrs. HARSHBARGER, Mr. GUEST, Mr. TONY GONZALES of Texas, Mr. HUIZENGA, Mrs. LUNA, Mr. BALDERSON, Mr. WITTMAN, Mr. ROUZER, Mr. CRAWFORD, Mr. EZELL, Mr. CAREY, Mrs. CAMMACK, Mr. ZINKE, Mr. MCCAUL, Mr. JOYCE of Pennsylvania, and Mr. HERN) intro- duced the following bill; which was referred to the Committee on Edu- cation and the Workforce A BILL To ensure the rights of parents are honored and protected in the Nation’s public schools. VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 5 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Parents Bill of Rights 4 Act’’. 5 TITLE I—AMENDMENTS TO THE 6 ELEMENTARY AND SEC- 7 ONDARY EDUCATION ACT OF 8 1965 9 SEC. 101. STATE PLAN ASSURANCES. 10 Section 1111(g)(2) of the Elementary and Secondary 11 Education Act of 1965 (20 U.S.C. 6311(g)(2)) is amend- 12 ed— 13 (1) in subparagraph (M), by striking ‘‘and’’ at 14 the end; 15 (2) in subparagraph (N), by striking the period 16 at the end and inserting a semicolon; and 17 (3) by adding at the end the following: 18 ‘‘(O) the State will ensure that each local 19 educational agency in the State— 20 ‘‘(i) in a case in which the curriculum 21 for an elementary or secondary school 22 grade level is freely and publicly available 23 on the internet— 24 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 5 IH ‘‘(I) posts on a publicly accessible 1 website of the agency, such cur- 2 riculum; or 3 ‘‘(II) if such agency does not op- 4 erate a website, widely disseminates to 5 the public such curriculum; or 6 ‘‘(ii) in a case in which the curriculum 7 for an elementary or secondary school 8 grade level is not freely and publicly avail- 9 able on the internet— 10 ‘‘(I) posts on a publicly accessible 11 website of the agency— 12 ‘‘(aa) a description of such 13 curriculum; and 14 ‘‘(bb) information on how 15 parents can review such cur- 16 riculum as described in section 17 1112(e)(1)(A); or 18 ‘‘(II) if such agency does not op- 19 erate a website, widely disseminates to 20 the public the description and infor- 21 mation described in items (aa) and 22 (bb) of subclause (I); and 23 ‘‘(P) in the case of any revisions to the 24 State’s challenging State academic standards 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 5 IH (including any revisions to the levels of achieve- 1 ment within the State’s academic achievement 2 standards), the State educational agency will 3 post to the homepage of its website, and widely 4 disseminate to the public, notice of such revi- 5 sions and a copy of such revisions, except that 6 the State educational agency shall not be re- 7 quired to submit such notice or such revisions 8 to the Secretary.’’. 9 SEC. 102. ANNUAL LOCAL EDUCATIONAL AGENCY REPORT 10 CARDS. 11 Section 1111(h)(2) of the Elementary and Secondary 12 Education Act of 1965 (20 U.S.C. 6311(h)(2)) is amended 13 by inserting at the end the following new subparagraph: 14 ‘‘(E) BUDGET.—Each local educational 15 agency report card shall include the budget for 16 the school year for which such report card is 17 being prepared (including all revenues and ex- 18 penditures (including expenditures made to pri- 19 vate entities)) for the local educational agency 20 as a whole, and for each elementary school and 21 secondary school served by the local educational 22 agency.’’. 23 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 5 IH SEC. 103. LOCAL EDUCATIONAL AGENCY PLAN ASSUR- 1 ANCES. 2 Section 1112(c) of the Elementary and Secondary 3 Education Act of 1965 (20 U.S.C. 6312(c)) is amended— 4 (1) in paragraph (6), by striking ‘‘and’’ at the 5 end; 6 (2) in paragraph (7), by striking the period at 7 the end and inserting a semicolon; and 8 (3) by adding at the end the following: 9 ‘‘(8) meet the requirements described in section 10 1111(g)(2)(O); and 11 ‘‘(9) post on a publicly accessible website of the 12 local educational agency or, if the local educational 13 agency does not operate a website, widely dissemi- 14 nate to the public, the plan for carrying out the par- 15 ent and family engagement described in section 16 1116 and all policies and procedures that result 17 from such engagement.’’. 18 SEC. 104. PARENTS RIGHT-TO-KNOW. 19 Section 1112(e) of the Elementary and Secondary 20 Education Act of 1965 (20 U.S.C. 6312(e)) is amended— 21 (1) by redesignating paragraphs (1), (2), (3), 22 and (4) as paragraphs (2), (3), (4), and (6), respec- 23 tively; 24 (2) by inserting before paragraph (2) (as so re- 25 designated), the following: 26 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 5 IH ‘‘(1) NOTICE OF RIGHTS.—A local educational 1 agency receiving funds under this part shall ensure 2 that each elementary school and secondary school 3 served by such agency posts on a publicly accessible 4 website of the school or, if the school does not oper- 5 ate a website, widely disseminates to the public, a 6 summary notice of the right of parents to informa- 7 tion about their children’s education as required 8 under this Act, which shall be in an understandable 9 format for parents and include, at minimum— 10 ‘‘(A) the right to review the curriculum of 11 their child’s school; 12 ‘‘(B) the right to know if the State alters 13 the State’s challenging State academic stand- 14 ards; 15 ‘‘(C) the right to meet with each teacher of 16 their child not less than twice during each 17 school year in accordance with paragraph 18 (5)(A); 19 ‘‘(D) the right to review the budget, in- 20 cluding all revenues and expenditures, of their 21 child’s school; 22 ‘‘(E) the right to a list of the books and 23 other reading materials contained in the library 24 of their child’s school; 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 5 IH ‘‘(F) the right to address the school board 1 of the local educational agency; 2 ‘‘(G) the right to information about violent 3 activity in their child’s school; and 4 ‘‘(H) the right to information about any 5 plans to eliminate gifted and talented programs 6 in the child’s school.’’; 7 (3) in paragraph (2)(B) (as redesignated by 8 paragraph (1))— 9 (A) by redesignating clause (i) and clause 10 (ii) as subclause (I) and subclause (II), respec- 11 tively; 12 (B) by striking ‘‘(B) ADDITIONAL INFOR- 13 MATION.—’’ and inserting: 14 ‘‘(B) ADDITIONAL INFORMATION.— 15 ‘‘(i) IN GENERAL.—’’; and 16 (C) by adding at the end the following: 17 ‘‘(ii) SCHOOL LIBRARY.—A local edu- 18 cational agency receiving funds under this 19 part shall ensure that each elementary 20 school and secondary school served by such 21 agency provides, at the beginning of each 22 school year, the parents of a child who is 23 a student in such school a list of books and 24 other reading materials available to the 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 5 IH students of such school in the school li- 1 brary. 2 ‘‘(iii) VIOLENT ACTIVITY.—A local 3 educational agency receiving funds under 4 this part shall ensure that each elementary 5 school and secondary school served by such 6 agency provides the parents of a child who 7 is a student in such school timely notifica- 8 tion of any violent activity occurring on 9 school grounds or at school-sponsored ac- 10 tivities in which one or more individuals 11 suffer injuries, except that such notifica- 12 tion shall not contain names or the grade 13 level of any students involved in the activ- 14 ity. 15 ‘‘(iv) GIFTED AND TALENTED PRO- 16 GRAMS.—A local educational agency receiv- 17 ing funds under this part shall ensure that 18 each elementary school and secondary 19 school served by such agency provides the 20 parents of a child who is a student in such 21 school timely notification of any plan to 22 eliminate gifted and talented programs in 23 such school.’’; and 24 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 5 IH (4) by inserting after paragraph (4) (as redesig- 1 nated by paragraph (1)) the following: 2 ‘‘(5) TRANSPARENCY.—A local educational 3 agency receiving funds under this part shall provide 4 the parents of a child who is a student in an elemen- 5 tary school or secondary school served by such agen- 6 cy— 7 ‘‘(A)(i) the opportunity to meet in-person 8 with each teacher of such child not less than 9 twice during each school year; and 10 ‘‘(ii) a notification, at the beginning of 11 each school year, of the opportunity for such 12 meetings; and 13 ‘‘(B) the opportunity to address the school 14 board of such local educational agency on issues 15 impacting the education of children in such 16 agency.’’. 17 SEC. 105. SENSE OF CONGRESS ON FIRST AMENDMENT 18 RIGHTS. 19 Title VIII of the Elementary and Secondary Edu- 20 cation Act of 1965 (20 U.S.C. 7801 et seq.) is amended— 21 (1) by redesignating section 8549C as section 22 8549D; and 23 (2) by inserting after section 8549B the fol- 24 lowing new section: 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 5 IH ‘‘SEC. 8549C. SENSE OF CONGRESS ON FIRST AMENDMENT 1 RIGHTS. 2 ‘‘(a) FINDINGS.—Congress finds the following: 3 ‘‘(1) Parents have a First Amendment right to 4 express their opinions on decisions made by State 5 and local education leaders. 6 ‘‘(2) States and local educational agencies 7 should empower parents to communicate regularly 8 with Federal, State, and local policymakers and edu- 9 cators regarding the education and well-being of 10 their children. 11 ‘‘(3) Transparent and cooperative relationships 12 between parents and schools have significant and 13 long-lasting positive effects on the development of 14 children. 15 ‘‘(4) Parents’ concerns over content and peda- 16 gogy deserve to be heard and fully considered by 17 school professionals. 18 ‘‘(5) Parent and other community input about 19 schools that is presented in a lawful and appropriate 20 manner should always be encouraged. 21 ‘‘(6) Educators, policymakers, and other stake- 22 holders should never seek to criminalize the lawfully 23 expressed concerns of parents about their children’s 24 education. 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 5 IH ‘‘(b) SENSE OF CONGRESS.—It is the sense of Con- 1 gress that the First Amendment guarantees parents and 2 other stakeholders the right to assemble and express their 3 opinions on decisions affecting their children and commu- 4 nities, and that educators and policymakers should wel- 5 come and encourage that engagement and consider that 6 feedback when making decisions.’’. 7 TITLE II—AMENDMENTS TO 8 FERPA AND PPRA 9 SEC. 201. AMENDMENTS TO THE FAMILY EDUCATIONAL 10 RIGHTS AND PRIVACY ACT OF 1974. 11 (a) ENFORCEMENT.—Section 444(f) of the General 12 Education Provisions Act (20 U.S.C. 1232g) (also known 13 as the ‘‘Family Educational Rights and Privacy Act of 14 1974’’) (20 U.S.C. 1232g(f)) is amended by adding at the 15 end the following: ‘‘The Secretary shall comply with the 16 reporting requirement under section 445(e)(2)(C)(ii) with 17 respect to the enforcement actions taken under this sub- 18 section to ensure compliance with this section.’’. 19 (b) PROHIBITION ON EDUCATIONAL AGENCIES OR 20 INSTITUTIONS ACTING AS AN AGENT OF A PARENT.—Sec- 21 tion 444 of the General Education Provisions Act (20 22 U.S.C. 1232g) (also known as the ‘‘Family Educational 23 Rights and Privacy Act of 1974’’) is amended by adding 24 at the end the following: 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 5 IH ‘‘(k) PROHIBITION ON EDUCATIONAL AGENCIES OR 1 INSTITUTIONS ACTING AS AGENT OF A PARENT.—An 2 educational agency or institution may not act as the agent 3 of a parent of a student in attendance at a school of such 4 agency or at such institution for purposes of providing 5 verifiable parental consent for the use of technology in the 6 classroom for purposes of educating the student without 7 providing notice and an opportunity for the parent to ob- 8 ject to the use of such technology.’’. 9 (c) PROHIBITION ON SALE OF INFORMATION FOR 10 COMMERCIAL PURPOSES.—Section 444 of the General 11 Education Provisions Act (20 U.S.C. 1232g) (also known 12 as the ‘‘Family Educational Rights and Privacy Act of 13 1974’’), as amended by this section, is further amended 14 by adding at the end the following: 15 ‘‘(l) PROHIBITION ON SALE OF INFORMATION FOR 16 COMMERCIAL PURPOSES.— 17 ‘‘(1) IN GENERAL.—Except as provided in para- 18 graph (2), no educational agency or institution or 19 authorized representative of such agency or institu- 20 tion may sell student information for commercial or 21 financial gain. 22 ‘‘(2) EXCEPTIONS.—The prohibition described 23 in paragraph (1) shall not apply to products sold to 24 students by or on behalf of the educational agency 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 5 IH or institution, such as yearbooks, prom tickets, and 1 school pictures.’’. 2 (d) PARENTAL CONSULTATION.—Section 444 of the 3 General Education Provisions Act (20 U.S.C. 1232g) (also 4 known as the ‘‘Family Educational Rights and Privacy 5 Act of 1974’’), as amended by this section, is further 6 amended by adding at the end the following: 7 ‘‘(m) PARENTAL CONSULTATION.—In developing a 8 privacy policy or procedure, an educational agency or insti- 9 tution shall engage meaningfully with parents of students 10 in attendance at the schools served by such agency or in- 11 stitution.’’. 12 (e) DISCLOSURE OF INFORMATION.—Section 444 of 13 the General Education Provisions Act (20 U.S.C. 1232g) 14 (also known as the ‘‘Family Educational Rights and Pri- 15 vacy Act of 1974’’), as amended by this section, is further 16 amended by adding at the end the following: 17 ‘‘(n) DISCLOSURE OF INFORMATION.—An edu- 18 cational agency or institution or authorized representative 19 of such agency or institution shall, upon request from a 20 parent of a student, disclose to such parent the identity 21 of any individual or entity with whom information is 22 shared from the education record of the student or any 23 response of the student to a survey.’’. 24 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 14 •HR 5 IH SEC. 202. PROTECTION OF PUPIL RIGHTS. 1 (a) AVAILABILITY FOR INSPECTION BY PARENTS OR 2 GUARDIANS.—Section 445(a) of the General Education 3 Provisions Act (20 U.S.C. 1232h(a)) is amended to read 4 as follows: 5 ‘‘(a) AVAILABILITY FOR INSPECTION BY PARENTS OR 6 GUARDIANS.—A local educational agency (as such term 7 is defined in subsection (c)(6)(C)) that receives funds 8 under any applicable program shall ensure that each of 9 the following shall be available for inspection by the par- 10 ents or guardians of the children in attendance at the 11 schools served by such agency: 12 ‘‘(1) All instructional materials, including 13 teacher’s manuals, films, tapes, or other supple- 14 mentary material which will be used in such school 15 or in connection with any survey, analysis, or evalua- 16 tion. 17 ‘‘(2) Any books or other reading materials 18 made available to students in such school or through 19 the school library of such school.’’. 20 (b) SINGLE ISSUE NOTIFICATION.—Section 445(b) of 21 the General Education Provisions Act (20 U.S.C. 1232h) 22 is amended— 23 (1) by striking ‘‘prior consent of the student’’ 24 and inserting ‘‘prior written consent of the student’’; 25 and 26 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 15 •HR 5 IH (2) by inserting ‘‘, which is provided specifically 1 for such survey, analysis, or evaluation’’ before the 2 period at the end. 3 (c) DEVELOPMENT AND ADOPTION OF LOCAL POLI- 4 CIES.—Section 445(c) of the General Education Provi- 5 sions Act (20 U.S.C. 1232h(c)) is amended— 6 (1) in the subsection heading, by striking 7 ‘‘PHYSICAL’’ and inserting ‘‘MEDICAL’’; 8 (2) in paragraph (1)— 9 (A) in the matter preceding subparagraph 10 (A), by striking ‘‘in consultation with parents’’ 11 and inserting ‘‘in consultation with parents in 12 accordance with paragraph (2)(A)’’; 13 (B) by amending subparagraph (C)(i) to 14 read as follows: 15 ‘‘(C)(i) The right of a parent of a student 16 to inspect, upon the request of the parent, any 17 instructional material used as part of the edu- 18 cational curriculum for the student, and any 19 books or other reading materials made available 20 to the student in a school served by the agency 21 or through the school library; and’’; 22 (C) by amending subparagraph (D) to read 23 as follows: 24 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 16 •HR 5 IH ‘‘(D) The administration of medical exami- 1 nations or screenings that the school or agency 2 may administer to a student, including— 3 ‘‘(i) prior notice to parents of such a 4 medical examination or screening, and re- 5 ceipt of consent from parents before ad- 6 ministering such an examination or screen- 7 ing; and 8 ‘‘(ii) in the event of an emergency 9 that requires a medical examination or 10 screening without time for parental notifi- 11 cation and consent, the procedure for 12 promptly notifying parents of such exam- 13 ination or screening subsequent to such ex- 14 amination or screening.’’; and 15 (D) by amending subparagraph (E) to 16 read as follows: 17 ‘‘(E) The prohibition on the collection, dis- 18 closure, or use of personal information collected 19 from students for the purpose of marketing or 20 for selling that information (or otherwise pro- 21 viding that information to others for that pur- 22 pose), other than for a legitimate educational 23 purpose to improve the education of students as 24 described in paragraph (4), and the arrange- 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 17 •HR 5 IH ments to protect student privacy that are pro- 1 vided by the agency in the event of such collec- 2 tion, disclosure, or use for such a legitimate 3 educational purpose.’’. 4 (d) PARENTAL NOTIFICATION.—Paragraph (2) of 5 section 445(c) of the General Education Provisions Act 6 (20 U.S.C. 1232h(c)) is amended— 7 (1) in the paragraph heading, by inserting 8 ‘‘CONSULTATION AND’’ before ‘‘NOTIFICATION’’; 9 (2) by redesignating subparagraphs (A) through 10 (C) as subparagraphs (B) through (D), respectively; 11 (3) in subparagraph (B) (as so redesignated)— 12 (A) in clause (i), by striking ‘‘and’’ at the 13 end; 14 (B) by amending clause (ii) to read as fol- 15 lows: 16 ‘‘(ii) in the case of an activity de- 17 scribed in clause (i) or (iii) of subpara- 18 graph (D), offer an opportunity and clear 19 instructions for the parent (or in the case 20 of a student who is an adult or emanci- 21 pated minor, the student) to opt the stu- 22 dent out of participation in such activity;’’; 23 and 24 (C) by adding at the end the following: 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 18 •HR 5 IH ‘‘(iii) in the case of an activity de- 1 scribed in subparagraph (D)(i), a descrip- 2 tion of how such activity is for a legitimate 3 educational purpose to improve the edu- 4 cation of students as described in para- 5 graph (4); and 6 ‘‘(iv) not require a student to submit 7 to a survey described in subparagraph 8 (D)(ii) without the prior written consent of 9 the student (if the student is an adult or 10 emancipated minor), or in the case of an 11 unemancipated minor, without the prior 12 written consent of the parent, which is pro- 13 vided specifically for such survey.’’; 14 (4) by inserting before subparagraph (B) (as so 15 amended and redesignated), the following: 16 ‘‘(A) PARENTAL CONSULTATION.—The pa- 17 rental consultation required for the purpose of 18 developing and adopting policies under para- 19 graphs (1) and (3) by a local educational agen- 20 cy shall ensure that such policy is developed 21 with meaningful engagement by parents of stu- 22 dents enrolled in schools served by that agen- 23 cy.’’; and 24 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 19 •HR 5 IH (5) in subparagraph (D) (as designated by 1 paragraph (2))— 2 (A) by amending clause (i) to read as fol- 3 lows: 4 ‘‘(i) Activities involving the collection, 5 disclosure, or use of personal information 6 collected from students for a legitimate 7 educational purpose to improve the edu- 8 cation of students as described in para- 9 graph (4).’’; and 10 (B) in clause (iii), by striking ‘‘invasive 11 physical’’ and inserting ‘‘medical’’. 12 (e) UPDATES TO EXISTING POLICIES.—Paragraph 13 (3) of section 445(c) of the General Education Provisions 14 Act (20 U.S.C. 1232h(c)) is amended to read as follows: 15 ‘‘(3) UPDATES TO EXISTING POLICIES.— 16 ‘‘(A) IN GENERAL.—Not later than 180 17 days after the date of enactment of the Parents 18 Bill of Rights Act, a local educational agency 19 that receives funds under any applicable pro- 20 gram shall— 21 ‘‘(i) review policies covering the re- 22 quirements of paragraph (1) as in effect on 23 the day before such date of enactment; and 24 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 20 •HR 5 IH ‘‘(ii) develop and update such policies 1 to reflect the changes made to paragraph 2 (1) by the amendments made by the Par- 3 ents Bill of Rights Act. 4 ‘‘(B) CONSULTATION AND NOTIFICA- 5 TION.—In developing and updating the policies 6 under subparagraph (A), the agency shall com- 7 ply with the consultation and notification re- 8 quirements under paragraph (2).’’. 9 (f) EXCEPTIONS.—Paragraph (4)(A) of section 10 445(c) of the General Education Provisions Act (20 11 U.S.C. 1232h(c)) is amended by amending the matter pre- 12 ceding clause (i) to read as follows: 13 ‘‘(A) EDUCATIONAL PRODUCTS OR SERV- 14 ICES.—For purposes of paragraph (1)(E), the 15 collection, disclosure, or use of personal infor- 16 mation collected from students for a legitimate 17 educational purpose to improve the education of 18 students means the exclusive purpose of devel- 19 oping, evaluating, or providing educational 20 products or services for, or to, students or 21 schools, such as the following:’’. 22 (g) DEFINITIONS.—Paragraph (6) of section 445(c) 23 of the General Education Provisions Act (20 U.S.C. 24 1232h(c)) is amended— 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 21 •HR 5 IH (1) by amending subparagraph (B) to read as 1 follows: 2 ‘‘(B) MEDICAL EXAMINATION OR SCREEN- 3 ING.—The term ‘medical examination or screen- 4 ing’ means any medical examination or screen- 5 ing that involves the exposure of private body 6 parts, or any act during such examination or 7 screening that includes incision, insertion, or in- 8 jection into the body, or a mental health or sub- 9 stance use disorder screening, except that such 10 term does not include a hearing, vision, or scoli- 11 osis screening, or an observational screening 12 carried out to comply with child find obligations 13 under the Individuals with Disabilities Edu- 14 cation Act (20 U.S.C. 1400 et seq.).’’; and 15 (2) in subparagraph (E)— 16 (A) in clause (iii), by striking ‘‘or’’; 17 (B) in clause (iv), by striking the period at 18 the end and inserting ‘‘; or’’; and 19 (C) by adding at the end the following: 20 ‘‘(v) an email address.’’. 21 (h) ENFORCEMENT AND REPORTING.—Subsection 22 (e) of section 445 of the General Education Provisions Act 23 (20 U.S.C. 1232h) is amended to read as follows: 24 ‘‘(e) ENFORCEMENT AND REPORTING.— 25 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 22 •HR 5 IH ‘‘(1) ENFORCEMENT.—The Secretary shall take 1 such action as the Secretary determines appropriate 2 to enforce this section, except that action to termi- 3 nate assistance provided under an applicable pro- 4 gram shall be taken only if the Secretary determines 5 that— 6 ‘‘(A) there has been a failure to comply 7 with such section; and 8 ‘‘(B) compliance with such section cannot 9 be secured by voluntary means. 10 ‘‘(2) REPORTING.— 11 ‘‘(A) LOCAL EDUCATIONAL AGENCIES.— 12 On an annual basis, each local educational 13 agency (as such term is defined in subsection 14 (c)(6)(C)) that receives funds under any appli- 15 cable program shall— 16 ‘‘(i) without identifying any personal 17 information of a student or students, re- 18 port to the State educational agency any 19 enforcement actions or investigations car- 20 ried out for the preceding school year to 21 ensure compliance with this section; and 22 ‘‘(ii) publish such information on its 23 website or through other public means 24 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 23 •HR 5 IH used for parental notification if the agency 1 does not have a website. 2 ‘‘(B) STATES.—On an annual basis, each 3 State educational agency shall provide to the 4 Secretary a report, with respect to the pre- 5 ceding school year, that includes all actions 6 local educational agencies have reported under 7 subparagraph (A), and a description of the en- 8 forcement actions the State educational agency 9 took to ensure parents’ rights were protected. 10 ‘‘(C) SECRETARY.—Not later than 1 year 11 after the date of enactment of the Parents Bill 12 of Rights Act, and annually thereafter, the Sec- 13 retary shall submit to the Committee on Edu- 14 cation and the Workforce of the House of Rep- 15 resentatives and the Committee on Health, 16 Education, Labor, and Pensions of the Sen- 17 ate— 18 ‘‘(i) the reports received under sub- 19 paragraph (B); and 20 ‘‘(ii) a description of the enforcement 21 actions taken by the Secretary under this 22 subsection and section 444(f) to ensure full 23 VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB 24 •HR 5 IH compliance with this section and section 1 444, respectively.’’. 2 Æ VerDate Sep 11 2014 21:22 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6301 E:\BILLS\H5.IH H5 pbinns on DSKJLVW7X2PROD with $$_JOB