H.R.5 - 2023 Parents Bill of Rights Act
Redline of PBOR Changes to ESEA, FERPA, and PPRA
Last updated March 16, 2023
All text that would be added by PBOR is in red. Text that would be deleted is crossed out.
See the official bill text here.
[skip down to PBOR's FERPA amendments]
[skip down to PBOR's PPRA amendments]
[skip down to PBOR's ESEA amendments]
§1232g. Family educational and privacy rights
(a) Conditions for availability of funds to educational agencies or institutions; inspection and review of education records; specific information to be made available; procedure for access to education records; reasonableness of time for such access; hearings; written explanations by parents; definitions
(1)(A) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.
(B) No funds under any applicable program shall be made available to any State educational agency (whether or not that agency is an educational agency or institution under this section) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section.
(C) The first sentence of subparagraph (A) shall not operate to make available to students in institutions of postsecondary education the following materials:
(i) financial records of the parents of the student or any information contained therein;
(ii) confidential letters and statements of recommendation, which were placed in the education records prior to January 1, 1975, if such letters or statements are not used for purposes other than those for which they were specifically intended;
(iii) if the student has signed a waiver of the student's right of access under this subsection in accordance with subparagraph (D), confidential recommendations-
(I) respecting admission to any educational agency or institution,
(II) respecting an application for employment, and
(III) respecting the receipt of an honor or honorary recognition.
(D) A student or a person applying for admission may waive his right of access to confidential statements described in clause (iii) of subparagraph (C), except that such waiver shall apply to recommendations only if (i) the student is, upon request, notified of the names of all persons making confidential recommendations and (ii) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.
(2) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such student's education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.
(3) For the purposes of this section the term "educational agency or institution" means any public or private agency or institution which is the recipient of funds under any applicable program.
(4)(A) For the purposes of this section, the term "education records" means, except as may be provided otherwise in subparagraph (B), those records, files, documents, and other materials which-
(i) contain information directly related to a student; and
(ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.
(B) The term "education records" does not include-
(i) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute;
(ii) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement;
(iii) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for use for any other purpose; or
(iv) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.
(5)(A) For the purposes of this section the term "directory information" relating to a student includes the following: the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.
(B) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parent's prior consent.
(6) For the purposes of this section, the term "student" includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.
(b) Release of education records; parental consent requirement; exceptions; compliance with judicial orders and subpoenas; audit and evaluation of federally-supported education programs; recordkeeping
(1) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information, as defined in paragraph (5) of subsection (a)) of students without the written consent of their parents to any individual, agency, or organization, other than to the following-
(A) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required;
(B) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the student's parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record;
(C)(i) authorized representatives of (I) the Comptroller General of the United States, (II) the Secretary, or (III) State educational authorities, under the conditions set forth in paragraph (3), or (ii) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph (3);
(D) in connection with a student's application for, or receipt of, financial aid;
(E) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted-
(i) before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such system's ability to effectively serve the student whose records are released, or
(ii) after November 19, 1974, if-
(I) the allowed reporting or disclosure concerns the juvenile justice system and such system's ability to effectively serve, prior to adjudication, the student whose records are released; and
(II) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student.1
(F) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted;
(G) accrediting organizations in order to carry out their accrediting functions;
(H) parents of a dependent student of such parents, as defined in section 152 of title 26;
(I) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons;
(J)(i) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution (and any officer, director, employee, agent, or attorney for such agency or institution) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena; and
(ii) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution (and any officer, director, employee, agent, or attorney for such agency or institution) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena;
(K) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that-
(i) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and
(ii) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and
(L) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization (as defined in section 5304 of title 25), who has the right to access a student's case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the student's education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a student's education records.
Nothing in subparagraph (E) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.
(2) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph (1) of this subsection, unless-
(A) there is written consent from the student's parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student's parents and the student if desired by the parents, or
(B) except as provided in paragraph (1)(J), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note)) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.
(3) Nothing contained in this section shall preclude authorized representatives of (A) the Comptroller General of the United States, (B) the Secretary, or (C) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs: Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.
(4)(A) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals (other than those specified in paragraph (1)(A) of this subsection), agencies, or organizations which have requested or obtained access to a student's education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses (A) and (C) of paragraph (1) as a means of auditing the operation of the system.
(B) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph (2)(A), or fails to destroy information in violation of paragraph (1)(F), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.
(5) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph (3).
(6)(A) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.
(B) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence (as that term is defined in section 16 of title 18), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institution's rules or policies with respect to such crime or offense.
(C) For the purpose of this paragraph, the final results of any disciplinary proceeding-
(i) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and
(ii) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.
(7)(A) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 2 of title 42 concerning registered sex offenders who are required to register under such section.
(B) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph (A) is permitted.
(c) Surveys or data-gathering activities; regulations
Not later than 240 days after October 20, 1994, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.
(d) Students' rather than parents' permission or consent
For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.
(e) Informing parents or students of rights under this section
No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.
(f) Enforcement; termination of assistance
The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance cannot be secured by voluntary means. 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.’
(g) Office and review board; creation; functions
The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.
(h) Disciplinary records; disclosure
Nothing in this section shall prohibit an educational agency or institution from-
(1) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community; or
(2) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student.
(i) Drug and alcohol violation disclosures
(1) In general
Nothing in this Act or the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's education records, if-
(A) the student is under the age of 21; and
(B) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.
(2) State law regarding disclosure
Nothing in paragraph (1) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection (a).
(j) Investigation and prosecution of terrorism
(1) In general
Notwithstanding subsections (a) through (i) or any provision of State law, the Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General (or his designee) to-
(A) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b(g)(5)(B) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title; and
(B) for official purposes related to the investigation or prosecution of an offense described in paragraph (1)(A), retain, disseminate, and use (including as evidence at trial or in other administrative or judicial proceedings) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.
(2) Application and approval
(A) In general.-An application under paragraph (1) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph (1)(A).
(B) The court shall issue an order described in paragraph (1) if the court finds that the application for the order includes the certification described in subparagraph (A).
(3) Protection of educational agency or institution
An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.
(4) Record-keeping
Subsection (b)(4) does not apply to education records subject to a court order under this subsection.
(k) Prohibition On Educational Agencies Acting As Agent Of A Parent.—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.
(m) Prohibition On Sale Of Information For Commercial Purposes.—
No educational agency or authorized representative of such agency may sell student information for commercial or financial gain.
(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.
(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.
(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.
§1232h. Protection of pupil rights
(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.”.
(a) Inspection of instructional materials by parents or guardians
All instructional materials, including teacher's manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children.
(b) Limits on survey, analysis, or evaluations
No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning-
(1) political affiliations or beliefs of the student or the student's parent;
(2) mental or psychological problems of the student or the student's family;
(3) sex behavior or attitudes;
(4) illegal, anti-social, self-incriminating, or demeaning behavior;
(5) critical appraisals of other individuals with whom respondents have close family relationships;
(6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
(7) religious practices, affiliations, or beliefs of the student or student's parent; or
(8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program),
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, analysis, or evaluation.
(c) Development of local policies concerning student privacy, parental access to information, and administration of certain physical medical examinations to minors
(1) Development and adoption of local policies
Except as provided in subsections (a) and (b), a local educational agency that receives funds under any applicable program shall develop and adopt policies, in consultation with parents in consultation with parents in accordance with paragraph (2)(A), regarding the following:
(A)(i) The right of a parent of a student to inspect, upon the request of the parent, a survey created by a third party before the survey is administered or distributed by a school to a student; and
(ii) any applicable procedures for granting a request by a parent for reasonable access to such survey within a reasonable period of time after the request is received.
(B) Arrangements to protect student privacy that are provided by the agency in the event of the administration or distribution of a survey to a student containing one or more of the following items (including the right of a parent of a student to inspect, upon the request of the parent, any survey containing one or more of such items):
(i) Political affiliations or beliefs of the student or the student's parent.
(ii) Mental or psychological problems of the student or the student's family.
(iii) Sex behavior or attitudes.
(iv) Illegal, anti-social, self-incriminating, or demeaning behavior.
(v) Critical appraisals of other individuals with whom respondents have close family relationships.
(vi) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
(vii) Religious practices, affiliations, or beliefs of the student or the student's parent.
(viii) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
(C)(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 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
(ii) any applicable procedures for granting a request by a parent for reasonable access to instructional material within a reasonable period of time after the request is received.
(D) The administration of physical examinations or screenings that the school or agency may administer to a student.
(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 or consent, the procedure for promptly notifying parents of such examination or screening subsequent to such examination or screening.
(E) 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), including arrangements to protect student privacy that are provided by the agency in the event of such collection, disclosure, or use.
(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.
(F)(i) The right of a parent of a student to inspect, upon the request of the parent, any instrument used in the collection of personal information under subparagraph (E) before the instrument is administered or distributed to a student; and
(ii) any applicable procedures for granting a request by a parent for reasonable access to such instrument within a reasonable period of time after the request is received.
(2) Parental consultation and notification
(A) PARENTAL CONSULTATION.—The parental consultation required for the purpose of developing and adopting policies under paragraph (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.
(AB) Notification of policies
The policies developed by a local educational agency under paragraph (1) shall provide for reasonable notice of the adoption or continued use of such policies directly to the parents of students enrolled in schools served by that agency. At a minimum, the agency shall-
(i) provide such notice at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in such policies;
(ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph (C)(i), in the case of a student of an appropriate age, the student) to opt the student out of participation in an activity described in subparagraph (C).
(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;
(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.
(BC) Notification of specific events
The local educational agency shall directly notify the parent of a student, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when activities described in subparagraph (C) are scheduled, or expected to be scheduled.
(CD) Activities requiring notification
The following activities require notification under this paragraph:
(i) Activities involving 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).
(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).
(ii) The administration of any survey containing one or more items described in clauses (i) through (viii) of paragraph (1)(B).
(iii) Any nonemergency, medical physical examination or screening that is-
(I) required as a condition of attendance;
(II) administered by the school and scheduled by the school in advance; and
(III) not necessary to protect the immediate health and safety of the student, or of other students.
(3) Existing policies
A local educational agency need not develop and adopt new policies if the State educational agency or local educational agency has in place, on January 8, 2002, policies covering the requirements of paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and guardians of students, in accordance with paragraph (2).
(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).
(4) Exceptions
(A) Educational products or services
Paragraph (1)(E) does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following:
(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:
(i) College or other postsecondary education recruitment, or military recruitment.
(ii) Book clubs, magazines, and programs providing access to low-cost literary products.
(iii) Curriculum and instructional materials used by elementary schools and secondary schools.
(iv) Tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments.
(v) The sale by students of products or services to raise funds for school-related or education-related activities.
(vi) Student recognition programs.
(B) State law exception
The provisions of this subsection-
(i) shall not be construed to preempt applicable provisions of State law that require parental notification; and
(ii) do not apply to any physical examination or screening that is permitted or required by an applicable State law, including physical examinations or screenings that are permitted without parental notification.
(5) General provisions
(A) Rules of construction
(i) This section does not supersede section 1232g of this title.
(ii) Paragraph (1)(D) does not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(B) Student rights
The rights provided to parents under this section transfer to the student when the student turns 18 years old, or is an emancipated minor (under an applicable State law) at any age.
(C) Information activities
The Secretary shall annually inform each State educational agency and each local educational agency of the educational agency's obligations under this section and section 1232g of this title.
(D) Funding
A State educational agency or local educational agency may use funds provided under part A of title IV of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7101 et seq.] to enhance parental involvement in areas affecting the in-school privacy of students.
(6) Definitions
As used in this subsection:
(A) Instructional material
The term "instructional material" means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.
(B) Invasive physical examination
The term "invasive physical examination" means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.
(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.).
(C) Local educational agency
The term "local educational agency" means an elementary school, secondary school, school district, or local board of education that is the recipient of funds under an applicable program, but does not include a postsecondary institution.
(D) Parent
The term "parent" includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child).
(E) Personal information
The term "personal information" means individually identifiable information including-
(i) a student or parent's first and last name;
(ii) a home or other physical address (including street name and the name of the city or town);
(iii) a telephone number; or
(iv) a Social Security identification number.; or
(v) an email address.
(F) Student
The term "student" means any elementary school or secondary school student.
(G) Survey
The term "survey" includes an evaluation.
(d) Notice
Educational agencies and institutions shall give parents and students effective notice of their rights under this section.
(e) 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-
(1) there has been a failure to comply with such section; and
(2) compliance with such section cannot be secured by voluntary means.
(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.
(f) Office and review board
The Secretary shall establish or designate an office and review board within the Department of Education to investigate, process, review, and adjudicate violations of the rights established under this section.
Amendments Adopted 3/8/2023 (not yet assigned to specific section of bill)
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, 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 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 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 students should have opportunities to learn the history of the Holocaust and anti-Semitism
Amendments to ESEA:
20 U.S.C. 6311(g)(2))
(2)Assurances
Each State plan shall contain assurances that—
(A)the State will make public any methods or criteria the State is using to measure teacher, principal, or other school leader effectiveness for the purpose of meeting the requirements described in paragraph (1)(B);
(B)the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, and State accountability system, developed under this section;
(C)the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part;
(D)the State will participate in the biennial State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)) if the Secretary pays the costs of administering such assessments;
(E)the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources to improve educational opportunities and reduce unnecessary fiscal and accounting requirements;
(F)the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under section 6318 of this title;
(G)the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part;
(H)the State educational agency will ensure that local educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations (such as educational service agencies), or individuals, that have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools;
(I)the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process;
(J)the State educational agency will ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification;
(K)the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate;
(L)the State educational agency has involved the committee of practitioners established under section 6573(b) of this title in developing the plan and monitoring its implementation;
(M)the State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before December 10, 2015; and
(N)the State educational agency will provide the information described in clauses (ii), (iii), and (vii) of subsection (h)(1)(C) to the public in an easily accessible and user-friendly manner that can be cross-tabulated by, at a minimum, each major racial and ethnic group, gender, English proficiency status, and children with or without disabilities, which—
(i)may be accomplished by including such information on the annual State report card described subsection (h)(1)(C); and
(ii)shall be presented in a manner that—
(I)is first anonymized and does not reveal personally identifiable information about an individual student;
(II)does not include a number of students in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and
(III)is consistent with the requirements of section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”); and
(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 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 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.
(h) Reports
(1) Annual State report card
(A) In general
A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card for the State as a whole that meets the requirements of this paragraph.
…
(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 served by the local educational agency.
20 U.S.C. 6312(c)) is amended—
(c) Assurances
Each local educational agency plan shall provide assurances that the local educational agency will—
(1)ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part;
(2)provide services to eligible children attending private elementary schools and secondary schools in accordance with section 6320 of this title, and timely and meaningful consultation with private school officials regarding such services;
(3)participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under section 9622(b)(3) of this title;
(4)coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children and youths, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program;
(5)collaborate with the State or local child welfare agency to—
(A)designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency; and
(B)by not later than 1 year after December 10, 2015, develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall—
(i)ensure that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 675(4)(A) of title 42; and
(ii)ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if—
(I)the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation;
(II)the local educational agency agrees to pay for the cost of such transportation; or
(III)the local educational agency and the local child welfare agency agree to share the cost of such transportation; and
(6) ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; and
(7) in the case of a local educational agency that chooses to use funds under this part to provide early childhood education services to low-income children below the age of compulsory school attendance, ensure that such services comply with the performance standards established under section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)).
(8) meet the requirements described in section 1111(g)(2)(O); and
(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 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.
(e) Parents right-to-know
(1) NOTICE OF RIGHTS.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school 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 to review 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 programs in the child’s school;
“(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; and
“(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.”
(2) Information for parents
(A) In general
At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following:
(i)Whether the student’s teacher—
(I)has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction;
(II)is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived; and
(III)is teaching in the field of discipline of the certification of the teacher.
(ii)Whether the child is provided services by paraprofessionals and, if so, their qualifications.
(B) Additional information
(i) IN GENERAL —In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student—
(I) information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and
(II)timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.
(ii) SCHOOL LIBRARY.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school 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 served by such agency provides the parents of a 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, 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 served by such agency provides the parents of a child who is a student in such school timely notification of any plan to eliminate gifted and talented programs in such school.’’
(3)Testing transparency
(A)In general
At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the local educational agency will provide the parents on request (and in a timely manner), information regarding any State or local educational agency policy regarding student participation in any assessments mandated by section 6311(b)(2) of this title and by the State or local educational agency, which shall include a policy, procedure, or parental right to opt the child out of such assessment, where applicable
(B)Additional information
Subject to subparagraph (C), each local educational agency that receives funds under this part shall make widely available through public means (including by posting in a clear and easily accessible manner on the local educational agency’s website and, where practicable, on the website of each school served by the local educational agency) for each grade served by the local educational agency, information on each assessment required by the State to comply with section 6311 of this title, other assessments required by the State, and where such information is available and feasible to report, assessments required districtwide by the local educational agency, including—
(i)the subject matter assessed;
(ii)the purpose for which the assessment is designed and used;
(iii)the source of the requirement for the assessment; and
(iv)where such information is available—
(I)the amount of time students will spend taking the assessment, and the schedule for the assessment; and
(II)the time and format for disseminating results.
(C)Local educational agency that does not operate a website
In the case of a local educational agency that does not operate a website, such local educational agency shall determine how to make the information described in subparagraph (A) widely available, such as through distribution of that information to the media, through public agencies, or directly to parents.
(4)Language instruction
(A)Notice
Each local educational agency using funds under this part or subchapter III to provide a language instruction educational program as determined under subchapter III shall, not later than 30 days after the beginning of the school year, inform parents of an English learner identified for participation or participating in such a program, of—
(i)the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program;
(ii)the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement;
(iii)the methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;
(iv)how the program in which their child is, or will be, participating will meet the educational strengths and needs of their child;
(v)how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;
(vi)the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school (including four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools;
(vii)in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)); and
(viii)information pertaining to parental rights that includes written guidance—
(I)detailing the right that parents have to have their child immediately removed from such program upon their request;
(II)detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and
(III)assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity.
(B)Special rule applicable during the school year
For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A).
(C)Parental participation
(i)In general
Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English learners to inform the parents regarding how the parents can—
(I)be involved in the education of their children; and
(II)be active participants in assisting their children to—
(aa)attain English proficiency;
(bb)achieve at high levels within a well-rounded education; and
(cc)meet the challenging State academic standards expected of all students.
(ii)Regular meetings
Implementing an effective means of outreach to parents under clause (i) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part or subchapter III.
(D)Basis for admission or exclusion
A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.
‘‘(5) TRANSPARENCY.—A local educational agency receiving funds under this part shall provide the parents of a child who is a student in an elementary school or secondary school served by such agency—
‘‘(A)(i) the opportunity to meet in-person 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.’’.
(6)Notice and format
The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.
SEC. 105. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.
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) Parents have a First Amendment right to express their opinions on decisions made by State and local education leaders.
‘‘(2) 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.
‘‘(3) Transparent and cooperative relationships between parents and schools have significant and long-lasting positive effects on the development of children.
‘‘(4) Parents’ concerns over content and pedagogy deserve to be heard and fully considered by school professionals.
‘‘(5) Parent and other community input about schools that is presented in a lawful and appropriate manner should always be encouraged.
‘‘(6) (6) 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 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.’’.