Sec. 202. Protection of pupil rights
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Section 445(a) of the General Education Provisions Act ( 20 U.S.C. 1232h(a) ) is amended to read as follows: 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: 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:
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. Any books or other reading materials made available to students in such school or through the school library of such school. Any professional development materials. 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— are expected to be used to teach such children during the three weeks following the comment period; or were used to teach such children during preceding portions of the school year. 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. . Section 445(b) of the General Education Provisions Act ( 20 U.S.C. 1232h ) is amended— by striking prior consent of the student and inserting prior written consent of the student ; and by inserting , which is provided specifically for such survey, analysis, or evaluation before the period at the end. Section 445(c) of the General Education Provisions Act ( 20 U.S.C. 1232h(c) ) is amended— in the subsection heading, by striking and inserting physical ; medical in paragraph (1)— in the matter preceding subparagraph (A), by striking in consultation with parents and inserting in consultation with parents in accordance with paragraph (2)(A) ; in subparagraph (C), by amending clause
(i)to read as follows: The right of a parent of a student to inspect, upon the request of the parent, any instructional material used as part of the educational curriculum for the student, and any books or other reading materials made available to the student in a school served by the agency or through the school library; and ; by amending subparagraph
(D)to read as follows: The administration of medical examinations or screenings that the school or agency may administer to a student, including— 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 in the event of an emergency that requires a medical examination or screening without time for parental notification and consent, the procedure for promptly notifying parents of such examination or screening subsequent to such examination or screening. ; and by amending subparagraph
(E)to read as follows: 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. . Paragraph
(2)of section 445(c) of the General Education Provisions Act ( 20 U.S.C. 1232h(c) ) is amended— in the paragraph heading, by inserting before consultation and ; notification by redesignating subparagraphs
(A)through
(C)as subparagraphs
(B)through (D), respectively; in subparagraph
(B)(as so redesignated)— in clause (i), by striking and at the end; by amending clause
(ii)to read as follows: in the case of an activity described in clause
(i)or
(iii)of subparagraph (D), offer an opportunity and clear instructions for the parent (or in the case of a student who is an adult or emancipated minor, the student) to opt the student out of participation in such activity; ; and by adding at the end the following: 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 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. ; by inserting before subparagraph
(B)(as so amended and redesignated), the following: The parental consultation required for the purpose of developing and adopting policies under paragraphs
(1)and
(3)by a local educational agency shall ensure that such policy is developed with meaningful engagement by parents of students enrolled in schools served by that agency. ; and in subparagraph
(D)(as redesignated by paragraph (2))— by amending clause
(i)to read as follows: Activities involving the collection, disclosure, or use of personal information collected from students for a legitimate educational purpose to improve the education of students as described in paragraph (4). ; and in clause (iii), by striking invasive physical and inserting medical . Paragraph
(3)of section 445(c) of the General Education Provisions Act ( 20 U.S.C. 1232h(c) ) is amended to read as follows: 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— review policies covering the requirements of paragraph
(1)as in effect on the day before such date of enactment; and develop and update such policies to reflect the changes made to paragraph
(1)by the amendments made by the Parents Bill of Rights Act. In developing and updating the policies under subparagraph (A), the agency shall comply with the consultation and notification requirements under paragraph (2). . Paragraph (4)(A) of section 445(c) of the General Education Provisions Act ( 20 U.S.C. 1232h(c) ) is amended by amending the matter preceding clause
(i)to read as follows: 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: . Paragraph
(6)of section 445(c) of the General Education Provisions Act ( 20 U.S.C. 1232h(c) ) is amended— by amending subparagraph
(B)to read as follows: The term ‘medical examination or screening’ means any medical examination or screening that involves the exposure of private body parts, or any act during such examination or screening that includes incision, insertion, or injection into the body, or a mental health or substance use disorder screening, except that such term does not include a hearing, vision, or scoliosis screening, or an observational screening carried out to comply with child find obligations under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). ; and in subparagraph (E)— in clause (iii), by striking or ; in clause (iv), by striking the period at the end and inserting ; or ; and by adding at the end the following: an email address. . Subsection
(e)of section 445 of the General Education Provisions Act ( 20 U.S.C. 1232h ) is amended to read as follows: 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— there has been a failure to comply with such section; and compliance with such section cannot be secured by voluntary means. 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— 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 publish such information on its website or through other public means used for parental notification if the agency does not have a website. 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. 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— the reports received under subparagraph (B); and 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. .
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