Federal

Parents Opt-in Protection Act

Source: Congress.gov · 387 words in original text

What This Bill Does

This bill amends the General Education Provisions Act to require schools to get written permission before students take surveys, analyses, or evaluations that ask for personal information about the student or their family. The bill applies different consent rules depending on whether the student is an adult, an emancipated minor (a young person with legal independence), or an unemancipated minor (a young person whose parents have legal responsibility).

Who It Affects

Students in schools, parents of unemancipated minors, and schools or school districts that administer surveys, analyses, or evaluations.

Key Provisions

- Schools must get prior written consent from adult or emancipated minor students before they submit to surveys that reveal personal information about them or their families (Sec. 2) - Schools must get prior written consent from parents of unemancipated minors before those students submit to surveys that reveal personal information about them or their families (Sec. 2) - The consent must be specific to each individual survey, analysis, or evaluation (Sec. 2)

What Changes

The bill changes the requirement from "prior consent" to "prior written consent" and adds that consent must be obtained for each specific survey, analysis, or evaluation rather than being general or blanket approval.

Important Definitions

None defined in bill text.

I 118TH CONGRESS 1ST SESSION H. R. 1094 To amend the General Education Provisions Act to ensure that a student is not required to submit to a survey, analysis, or evaluation that reveals personal information about such student or their family without prior written consent. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 17, 2023 Mrs. MILLER of Illinois 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 ensure that a student is not required to submit to a survey, analysis, or evaluation that reveals personal information about such student or their family without prior written consent. 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 Opt-in Protec- 4 tion Act’’. 5 VerDate Sep 11 2014 19:50 Mar 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1094.IH H1094 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1094 IH SEC. 2. PROTECTION OF PUPILS’ RIGHTS. 1 Section 445 of the General Education Provisions Act 2 (20 U.S.C. 1232h) is amended— 3 (1) in subsection (b)— 4 (A) by striking ‘‘prior consent of the stu- 5 dent’’ and inserting ‘‘prior written consent of 6 the student’’; and 7 (B) by inserting before the period at the 8 end the following: ‘‘, for such specific survey, 9 analysis, or evaluation’’; and 10 (2) in subsection (c)(2)(A)— 11 (A) by striking ‘‘and’’ at the end of clause 12 (i); 13 (B) in clause (ii), by striking ‘‘subpara- 14 graph (C).’’ and inserting ‘‘clause (i) or (iii) of 15 subparagraph (C); and’’; and 16 (C) by adding at the end the following: 17 ‘‘(iii) not require a student to submit 18 to a survey described in subparagraph 19 (C)(ii) without the prior written consent of 20 the student (if the student is an adult or 21 emancipated minor), or in the case of an 22 unemancipated minor, without the prior 23 written consent of the parent, for such spe- 24 cific survey.’’. 25 Æ VerDate Sep 11 2014 19:50 Mar 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H1094.IH H1094 pbinns on DSKJLVW7X2PROD with $$_JOB

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.