H.R. 5 — what changed

Section 1111(g)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(2)) is amended—

“(O) the State will ensure that each local educational agency in the State—

changed “(i) in a case in which the curriculum for an elementary or secondary school (including secondary career and technical education schools) 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

changed “(ii) in a case in which the curriculum for an elementary or secondary school (including secondary career and technical education schools) 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.”

Section 1111(h)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(2)) is amended by inserting at the end the following new subparagraph:

changed “(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 (including secondary career and technical education schools) served by the local educational agency. In addition to the detailed budget information required under the preceding sentence, the agency shall include a separate fact sheet that summarizes such information in a clear and easily understandable format.”

Section 1112(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(c)) is amended—

“(8) meet the requirements described in section 1111(g)(2)(O);

“(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

changed “(11) ensure that each elementary school and secondary school (including secondary career and technical education schools) 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.”

Section 1112(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(e)) is amended—

changed “(1) Notice of rights—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) 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—

changed “(A) the right (provided in accordance with the requirements of section 445(a)(2) of the General Education Provisions Act (20 U.S.C. 1232h(a)(2)) with respect to such local educational agency) to review, and make copies of, at no cost, 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;

changed “(I) the right to information about any plans to eliminate gifted and talented or college credit programs in the child’s school;school, including Advanced Placement and dual-enrollment classes;

“(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

changed “(ii) a child brings a weapon to school; andschool;

changed “(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.”event;

added “(O) the right to be informed of the total number of school counselors in their child’s school;

added “(P) the right to know if their child’s school operates, sponsors, or facilitates athletic programs or activities that permit an individual whose biological sex is male to participate in an athletic program or activity that is designated for individuals whose biological sex is female;

added “(Q) the right to know if their child’s school allows an individual whose biological sex is male to use restrooms or changing rooms designated for individuals whose biological sex is female; and

added “(R) the right to timely notice of any major cyberattack against their child’s school that may have compromised student or parent information.”

“(B) Additional information

“(i) In general”

changed “(ii) School library—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) 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.

changed “(iii) Violent activity—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each 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, injuries (including whether such agency is aware of videos or recordings of such violent activity), except that such notification shall not contain names or the grade level of any students involved in the activity.

changed “(iv) Gifted and talented programs—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school timely notification of any plan to eliminate gifted and talented or college credit programs in such school.”school, including Advanced Placement and dual-enrollment classes.

added “(v) School counselors—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school the information described in paragraph (1)(O).

added “(vi) Enrollment options—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school the information described in paragraph (1)(F), including the enrollment and transfer options described in such paragraph.

added “(vii) School employee or contractor actions—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency notifies the parents of any child who is a student in such school if a school employee or contractor takes, with respect to such child, any action described in clause (i) or (ii) of paragraph (1)(L).

added “(viii) School and Student Safety—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency notifies—

added “(I) the parents of any child who is a student in such school if a school employee or contractor takes, with respect to such child, any action described in clause (i) of paragraph (1)(M); and

added “(II) the parents of each child who is a student in such school if any child takes the action described in clause (ii) of paragraph (1)(M).

added “(ix) Professional Development Materials—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school the opportunity to review professional development materials to ensure the parental right described in paragraph (1)(J).

added “(x) Athletic programs or activities—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school the information described in paragraph (1)(O).

added “(xi) Accommodations—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school the information described in paragraph (1)(O).

added “(xii) Cyberattacks—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school notifications described in paragraph (1)(O).”

changed “(5) Transparency—A local educational agency receiving funds under this part shall provide the parents of each child who is a student in an elementary school or secondary school (including secondary career and technical education schools) served by such agency—

“(A)

“(i) the opportunity to meet in-person or virtually via videoconference 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

changed “(B) the opportunity to address the school board of such local educational agency on issues impacting the education of children in such agency.”agency and on any violations of the rights specified in paragraph (1).”

removed Title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended—

“8549C. Sense of congress on first amendment rights

“(a) Findings—Congress finds the following:

added “(1) The right of parents to educate their children is a pre-political natural right that the U.S. Supreme Court has recognized as “beyond debate” and rooted in the “history and culture of Western civilization”.

added “(2) Parents have a First Amendment right to express their opinions on decisions made by State and local education leaders.

added “(3) 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.

added “(4) Transparent and cooperative relationships between parents and schools have significant and long-lasting positive effects on the development of children.

added “(5) Parents’ concerns over content and pedagogy deserve to be heard and fully considered by school professionals.

added “(6) Parent and other community input about schools that is presented in a lawful and appropriate manner should always be encouraged.

added “(7) 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.

added “(b) Sense of Congress—It is the sense of Congress that—

added “(1) 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; and

added “(2) parents have a fundamental right, protected by the U.S. Constitution, to direct the education of their children, and the strict scrutiny test used by courts to evaluate cases concerning fundamental rights is the correct standard of review for government actions that interfere with the right of parents to educate their children.”

removed “(1) Parents have a First Amendment right to express their opinions on decisions made by State and local education leaders.

removed “(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.

removed “(3) Transparent and cooperative relationships between parents and schools have significant and long-lasting positive effects on the development of children.

removed “(4) Parents’ concerns over content and pedagogy deserve to be heard and fully considered by school professionals.

removed “(5) Parent and other community input about schools that is presented in a lawful and appropriate manner should always be encouraged.

removed “(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.

removed “(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.”

changed As a condition of receiving Federal funds, funds from the Department of Education, 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 such Federal funds shall be required to obtain parental consent before—

changed It is the sense of Congress that all public elementary and public secondary school (including public secondary career and technical education school) students should have access to broadband.

changed It is the sense of Congress that all public elementary school and secondary school (including public secondary career and technical education school) students should have opportunities to learn the history of the Holocaust and anti-Semitism.