Federal

Parents Bill of Rights Act

Source: Congress.gov · 7,913 words in original text

What This Bill Does

This bill creates new requirements for public schools that receive federal money to share information with parents about their children's education. Schools must post curriculum details online, provide budget information, and notify parents about specific school activities and decisions. The bill also limits what schools can do without parental permission regarding a child's gender identity and medical information. ##

Who It Affects

- Parents of students in public elementary and secondary schools - Local school districts that receive federal education funds - State education agencies - Public schools (including career and technical education schools) - School employees and contractors - The U.S. Department of Education ##

Key Provisions

- Schools must post curriculum information on public websites or share it widely with families so parents can review what their children are learning (Sec. 101) - School districts must include detailed budget information (all money coming in and going out) in their annual report cards that parents can access (Sec. 102) - Schools must notify parents before any outside speaker visits a classroom or school event, including the speaker's name and organization (Sec. 103) - Elementary schools and middle schools must get parental permission before changing a student's gender markers, pronouns, or preferred name on school forms or allowing changes to bathrooms and locker room access (Sec. 401) - Schools must provide parents with a notice explaining their rights to review curriculum, school budgets, library books, information about violent incidents at school, and details about programs being cut (Sec. 104) - Schools cannot act as a parent's agent to approve classroom technology use or vaccines without first notifying the parent and giving them a chance to object (Sec. 201) - Schools cannot sell student information for profit, with limited exceptions for yearbooks and school pictures (Sec. 201) - Schools must let parents inspect all instructional materials, books, and professional development materials without signing non-disclosure agreements (nondisclosure agreements are contracts that prevent people from sharing information publicly) (Sec. 202) ##

What Changes

Schools that receive federal money will have to make curriculum and budget information publicly available online or distribute it to families. Schools must notify parents about outside speakers coming to their child's school. Elementary and middle schools must get written parental permission before changing how a student's name, gender, or sex-based facilities (bathrooms and locker rooms) appear in school records or are used. Schools must tell parents when school employees discuss cyberbullying, bullying, mental health, self-harm, suicide, drug use, eating disorders, or weapons with a student. Schools must let parents access and review all teaching materials and books in school libraries without signing agreements that prevent them from sharing what they find publicly. Schools cannot keep student information private from parents who request it and cannot sell student data to companies. School districts must hold parent-teacher meetings at least twice a year and allow parents to speak at school board meetings. ##

Important Definitions

- **Secondary career and technical education school:** A public high school that teaches job-specific skills (Sec. 106) - **Medical examination or screening:** Any exam involving exposure of private body parts, injections, insertions, or incisions, or mental health and substance abuse evaluations, but NOT hearing tests, vision tests, spine curvature checks, or screenings to identify students who may have disabilities (Sec. 202) - **Legitimate educational purpose:** Using student information only to develop, evaluate, or provide educational products or services to help students or schools (Sec. 202) ##

Effective Date

Not specified in bill text for most provisions. However, schools have 180 days after the bill becomes law to review and update their policies about what parents can inspect (Sec. 202).

IIB 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 2 HR 5 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Parents Bill of Rights 2 Act’’. 3 TITLE I—AMENDMENTS TO THE 4 ELEMENTARY AND SEC- 5 ONDARY EDUCATION ACT OF 6 1965 7 SEC. 101. STATE PLAN ASSURANCES. 8 Section 1111(g)(2) of the Elementary and Secondary 9 Education Act of 1965 (20 U.S.C. 6311(g)(2)) is amend- 10 ed— 11 (1) in subparagraph (M), by striking ‘‘and’’ at 12 the end; 13 (2) in subparagraph (N), by striking the period 14 at the end and inserting a semicolon; and 15 (3) by adding at the end the following: 16 ‘‘(O) the State will ensure that each local 17 educational agency in the State— 18 ‘‘(i) in a case in which the curriculum 19 for an elementary or secondary school (in- 20 cluding secondary career and technical 21 education schools) grade level is freely and 22 publicly available on the internet— 23 ‘‘(I) posts on a publicly accessible 24 website of the agency, such cur- 25 riculum; or 26 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 3 HR 5 RFS ‘‘(II) if such agency does not op- 1 erate a website, widely disseminates to 2 the public such curriculum; or 3 ‘‘(ii) in a case in which the curriculum 4 for an elementary or secondary school (in- 5 cluding secondary career and technical 6 education schools) grade level is not freely 7 and publicly available on the internet— 8 ‘‘(I) posts on a publicly accessible 9 website of the agency— 10 ‘‘(aa) a description of such 11 curriculum; and 12 ‘‘(bb) information on how 13 parents can review such cur- 14 riculum as described in section 15 1112(e)(1)(A); or 16 ‘‘(II) if such agency does not op- 17 erate a website, widely disseminates to 18 the public the description and infor- 19 mation described in items (aa) and 20 (bb) of subclause (I); and 21 ‘‘(P) in the case of any revisions to the 22 State’s challenging State academic standards 23 (including any revisions to the levels of achieve- 24 ment within the State’s academic achievement 25 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 4 HR 5 RFS standards), the State educational agency will 1 post to the homepage of its website, and widely 2 disseminate to the public, notice of such revi- 3 sions and a copy of such revisions, except that 4 the State educational agency shall not be re- 5 quired to submit such notice or such revisions 6 to the Secretary.’’. 7 SEC. 102. ANNUAL LOCAL EDUCATIONAL AGENCY REPORT 8 CARDS. 9 Section 1111(h)(2) of the Elementary and Secondary 10 Education Act of 1965 (20 U.S.C. 6311(h)(2)) is amended 11 by inserting at the end the following new subparagraph: 12 ‘‘(E) BUDGET.—Each local educational 13 agency report card shall include the budget for 14 the school year for which such report card is 15 being prepared (including all revenues and ex- 16 penditures (including expenditures made to pri- 17 vate entities)) for the local educational agency 18 as a whole, and for each elementary school and 19 secondary school (including secondary career 20 and technical education schools) served by the 21 local educational agency. In addition to the de- 22 tailed budget information required under the 23 preceding sentence, the agency shall include a 24 separate fact sheet that summarizes such infor- 25 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 5 HR 5 RFS mation in a clear and easily understandable for- 1 mat.’’. 2 SEC. 103. LOCAL EDUCATIONAL AGENCY PLAN ASSUR- 3 ANCES. 4 Section 1112(c) of the Elementary and Secondary 5 Education Act of 1965 (20 U.S.C. 6312(c)) is amended— 6 (1) in paragraph (6), by striking ‘‘and’’ at the 7 end; 8 (2) in paragraph (7), by striking the period at 9 the end and inserting a semicolon; and 10 (3) by adding at the end the following: 11 ‘‘(8) meet the requirements described in section 12 1111(g)(2)(O); 13 ‘‘(9) post on a publicly accessible website of the 14 local educational agency or, if the local educational 15 agency does not operate a website, widely dissemi- 16 nate to the public, the plan for carrying out the par- 17 ent and family engagement described in section 18 1116 and all policies and procedures that result 19 from such engagement; 20 ‘‘(10) ensure that each elementary school served 21 by the local educational agency notifies the parents 22 of any student enrolled at such school when the stu- 23 dent does not score as grade-level proficient in read- 24 ing or language arts at the end of the third grade 25 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 6 HR 5 RFS based on the reading or language arts assessments 1 administered under section 1111(b)(2)(B)(v)(I)(aa) 2 or another assessment administered to all third 3 grade students by such school; and 4 ‘‘(11) ensure that each elementary school and 5 secondary school (including secondary career and 6 technical education schools) served by the local edu- 7 cational agency provides to the parents of students 8 enrolled at such school, before a person speaks (in- 9 person or virtually) to such students in a class, 10 school assembly, or any other school-sponsored 11 event, notice that includes the name of the speaker 12 and the name of the organization or other entity 13 being represented by the speaker.’’. 14 SEC. 104. PARENTS RIGHT-TO-KNOW. 15 Section 1112(e) of the Elementary and Secondary 16 Education Act of 1965 (20 U.S.C. 6312(e)) is amended— 17 (1) by redesignating paragraphs (1), (2), (3), 18 and (4) as paragraphs (2), (3), (4), and (6), respec- 19 tively; 20 (2) by inserting before paragraph (2) (as so re- 21 designated), the following: 22 ‘‘(1) NOTICE OF RIGHTS.—A local educational 23 agency receiving funds under this part shall ensure 24 that each elementary school and secondary school 25 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 7 HR 5 RFS (including secondary career and technical education 1 schools) served by such agency posts on a publicly 2 accessible website of the school or, if the school does 3 not operate a website, widely disseminates to the 4 public, a summary notice of the right of parents to 5 information about their children’s education as re- 6 quired under this Act, which shall be in an under- 7 standable format for parents and include, at min- 8 imum— 9 ‘‘(A) the right (provided in accordance 10 with the requirements of section 445(a)(2) of 11 the General Education Provisions Act (20 12 U.S.C. 1232h(a)(2)) with respect to such local 13 educational agency) to review, and make copies 14 of, at no cost, the curriculum of their child’s 15 school; 16 ‘‘(B) the right to know if the State alters 17 the State’s challenging State academic stand- 18 ards; 19 ‘‘(C) the right to meet with each teacher of 20 their child not less than twice during each 21 school year in accordance with paragraph 22 (5)(A); 23 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 8 HR 5 RFS ‘‘(D) the right to review the budget, in- 1 cluding all revenues and expenditures, of their 2 child’s school; 3 ‘‘(E) the right to— 4 ‘‘(i) a list of the books and other read- 5 ing materials available in the library of 6 their child’s school; and 7 ‘‘(ii) inspect such books or other read- 8 ing materials; 9 ‘‘(F) the right to information about all 10 schools in which their child can enroll, including 11 options for enrolling in or transferring to— 12 ‘‘(i) other schools served by the local 13 educational agency; 14 ‘‘(ii) charter schools; and 15 ‘‘(iii) schools served by a different 16 local educational agency in the State; 17 ‘‘(G) the right to address the school board 18 of the local educational agency; 19 ‘‘(H) the right to information about violent 20 activity in their child’s school; 21 ‘‘(I) the right to information about any 22 plans to eliminate gifted and talented or college 23 credit programs in the child’s school, including 24 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 9 HR 5 RFS Advanced Placement and dual-enrollment class- 1 es; 2 ‘‘(J) the right to review any professional 3 development materials; 4 ‘‘(K) the right to know if their child is not 5 grade-level proficient in reading or language 6 arts at the end of the third grade as described 7 in subsection (c)(10); 8 ‘‘(L) the right to know if a school employee 9 or contractor acts to— 10 ‘‘(i) change a minor child’s gender 11 markers, pronouns, or preferred name; or 12 ‘‘(ii) allow a child to change the 13 child’s sex-based accommodations, includ- 14 ing locker rooms or bathrooms; 15 ‘‘(M) the right to know if— 16 ‘‘(i) a school employee or contractor 17 acts to— 18 ‘‘(I) treat, advise, or address the 19 cyberbullying of a student; 20 ‘‘(II) treat, advise, or address the 21 bullying or hazing of a student; 22 ‘‘(III) treat, advise, or address a 23 student’s mental health, suicidal idea- 24 tion, or instances of self-harm; 25 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 10 HR 5 RFS ‘‘(IV) treat, advise, or address a 1 specific threat to the safety of a stu- 2 dent; 3 ‘‘(V) treat, advise, or address the 4 possession or use of drugs and other 5 controlled substances; or 6 ‘‘(VI) treat, advise, or address an 7 eating disorder; or 8 ‘‘(ii) a child brings a weapon to 9 school; 10 ‘‘(N) the right to the notice described in 11 subsection (c)(11) before a person speaks (in- 12 person or virtually) to their child in a class, 13 school assembly, or any other school-sponsored 14 event; 15 ‘‘(O) the right to be informed of the total 16 number of school counselors in their child’s 17 school; 18 ‘‘(P) the right to know if their child’s 19 school operates, sponsors, or facilitates athletic 20 programs or activities that permit an individual 21 whose biological sex is male to participate in an 22 athletic program or activity that is designated 23 for individuals whose biological sex is female; 24 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 11 HR 5 RFS ‘‘(Q) the right to know if their child’s 1 school allows an individual whose biological sex 2 is male to use restrooms or changing rooms 3 designated for individuals whose biological sex 4 is female; and 5 ‘‘(R) the right to timely notice of any 6 major cyberattack against their child’s school 7 that may have compromised student or parent 8 information.’’; 9 (3) in paragraph (2)(B) (as redesignated by 10 paragraph (1))— 11 (A) by redesignating clause (i) and clause 12 (ii) as subclause (I) and subclause (II), respec- 13 tively; 14 (B) by striking ‘‘(B) ADDITIONAL INFOR- 15 MATION.—’’ and inserting: 16 ‘‘(B) ADDITIONAL INFORMATION.— 17 ‘‘(i) IN GENERAL.—’’; and 18 (C) by adding at the end the following: 19 ‘‘(ii) SCHOOL LIBRARY.—A local edu- 20 cational agency receiving funds under this 21 part shall ensure that each elementary 22 school and secondary school (including sec- 23 ondary career and technical education 24 schools) served by such agency provides 25 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 12 HR 5 RFS the parents of each child who is a student 1 in such school— 2 ‘‘(I) at the beginning of each 3 school year, a list of books and other 4 reading materials available in the li- 5 brary of such school; and 6 ‘‘(II) the opportunity to inspect 7 such books and other reading mate- 8 rials. 9 ‘‘(iii) VIOLENT ACTIVITY.—A local 10 educational agency receiving funds under 11 this part shall ensure that each elementary 12 school and secondary school (including sec- 13 ondary career and technical education 14 schools) served by such agency provides 15 the parents of each child who is a student 16 in such school timely notification of any 17 violent activity occurring on school grounds 18 or at school-sponsored activities in which 19 one or more individuals suffer injuries (in- 20 cluding whether such agency is aware of 21 videos or recordings of such violent activ- 22 ity), except that such notification shall not 23 contain names or the grade level of any 24 students involved in the activity. 25 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 13 HR 5 RFS ‘‘(iv) GIFTED AND TALENTED PRO- 1 GRAMS.—A local educational agency receiv- 2 ing funds under this part shall ensure that 3 each elementary school and secondary 4 school (including secondary career and 5 technical education schools) served by such 6 agency provides the parents of each child 7 who is a student in such school timely noti- 8 fication of any plan to eliminate gifted and 9 talented or college credit programs in such 10 school, including Advanced Placement and 11 dual-enrollment classes. 12 ‘‘(v) SCHOOL COUNSELORS.—A local 13 educational agency receiving funds under 14 this part shall ensure that each elementary 15 school and secondary school (including sec- 16 ondary career and technical education 17 schools) served by such agency provides 18 the parents of each child who is a student 19 in such school the information described in 20 paragraph (1)(O). 21 ‘‘(vi) ENROLLMENT OPTIONS.—A 22 local educational agency receiving funds 23 under this part shall ensure that each ele- 24 mentary school and secondary school (in- 25 VerDate Sep 11 2014 02:54 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5.RFS H5 kjohnson on DSK79L0C42PROD with BILLS 14 HR 5 RFS cluding secondary career and technical 1 education schools) served by such agency 2 provides the parents [Text truncated for display. Full text available on Congress.gov.]

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