{"format":1,"id":"118-hr-5","congress":118,"number":"H.R. 5","kind":"bill","group":"bills","title":"Parents Bill of Rights Act","title_source":"Short Title(s) as Passed House","official_title":"To ensure the rights of parents are honored and protected in the Nation's public schools.","titles":[{"type":"Official Title as Introduced","title":"To ensure the rights of parents are honored and protected in the Nation's public schools."},{"type":"Display Title","title":"Parents Bill of Rights Act"},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"Parents Bill of Rights Act"},{"type":"Short Title(s) as Introduced","title":"Parents Bill of Rights Act"},{"type":"Short Title(s) as Reported to House","title":"Parents Bill of Rights Act"},{"type":"Short Title(s) as Passed House","title":"Parents Bill of Rights Act"}],"outcome":"passed_house","law_number":null,"introduced":"2023-03-01","chambers":{"house":{"status":"roll_call","date":"2023-03-24","vote":{"id":"118-2023-h161","question":"On Passage","title":"Parents Bill of Rights Act","result":"Passed","yea":213,"nay":208,"present":0,"not_voting":14,"source":"https://clerk.house.gov/evs/2023/roll161.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.","date":"2023-03-27"},"nominees":null,"amendments":[{"number":"H.Amdt. 115","sponsor":"Rep. Bonamici, Suzanne [D-OR-1]","purpose":"Amendment sought to make tangible investments in parental involvement regarding public education and rights that parents have access to in public schools. The amendment includes titles creating a parent coordinator position in public schools, increasing the authorization level for Full-Service Community Schools, increasing the authorization level for Statewide Family Engagement Centers, and to establish rules of construction prohibiting the banning of books or certain curricular materials.","result":"Failed","date":"2023-03-23","yea":203,"nay":223,"present":0,"not_voting":14,"source":"https://clerk.house.gov/evs/2023/roll150.xml"},{"number":"H.Amdt. 116","sponsor":"Rep. Crane, Elijah [R-AZ-2]","purpose":"Amendment sought to add a private right of action for parents to hold schools accountable for not honoring the rights set forth in Title I and Title II.","result":"Failed","date":"2023-03-23","yea":61,"nay":365,"present":0,"not_voting":14,"source":"https://clerk.house.gov/evs/2023/roll151.xml"},{"number":"H.Amdt. 117","sponsor":"Rep. Davidson, Warren [R-OH-8]","purpose":"Amendment sought to prohibit federal funds under Title I and Title II from going to a local educational agency unless they hold an open enrollment period.","result":"Failed","date":"2023-03-23","yea":89,"nay":338,"present":0,"not_voting":13,"source":"https://clerk.house.gov/evs/2023/roll152.xml"},{"number":"H.Amdt. 118","sponsor":"Rep. Fitzpatrick, Brian K. [R-PA-1]","purpose":"Amendment requires GAO to submit a report to Congress on the cost of the requirements of H.R. 5 to SEAs, LEAs, and elementary and secondary schools and requires the GAO report to analyze and evaluate the impact of H.R. 5 on protecting parents' rights in the education of the children.","result":"Agreed to","date":"2023-03-23","yea":386,"nay":39,"present":0,"not_voting":15,"source":"https://clerk.house.gov/evs/2023/roll153.xml"},{"number":"H.Amdt. 120","sponsor":"Rep. Green, Mark E. [R-TN-7]","purpose":"Amendment revises the bill to include the right to timely notice of any major cyberattack against their child's school that may have compromised student or parent information.","result":"Agreed to","date":"2023-03-24","yea":420,"nay":5,"present":0,"not_voting":15,"source":"https://clerk.house.gov/evs/2023/roll154.xml"},{"number":"H.Amdt. 122","sponsor":"Rep. Jacobs, Sara [D-CA-51]","purpose":"Amendment sought to strike provisions permitting parents and guardians to review professional development materials for educators.","result":"Failed","date":"2023-03-24","yea":203,"nay":217,"present":0,"not_voting":21,"source":"https://clerk.house.gov/evs/2023/roll155.xml"},{"number":"H.Amdt. 124","sponsor":"Rep. Massie, Thomas [R-KY-4]","purpose":"Amendment sought to add a sense of Congress that the authority of the Department of Education and the Secretary of Education to operate or administer any office or program related to elementary or secondary education should be terminated on or before December 31, 2023.","result":"Failed","date":"2023-03-24","yea":161,"nay":265,"present":0,"not_voting":15,"source":"https://clerk.house.gov/evs/2023/roll156.xml"},{"number":"H.Amdt. 126","sponsor":"Rep. McCormick, Richard [R-GA-6]","purpose":"Amendment sought to establish parents' right to be informed of non-curriculum-based initiatives and events, and allow parents to opt-in their children to such initiatives and events.","result":"Failed","date":"2023-03-24","yea":107,"nay":317,"present":0,"not_voting":16,"source":"https://clerk.house.gov/evs/2023/roll157.xml"},{"number":"H.Amdt. 128","sponsor":"Rep. Roy, Chip [R-TX-21]","purpose":"Amendment sought to allow Title I funds to follow the students to the school they attend (i.e. public, private, or home school). These funds would be used for educational and instructional materials, tutoring, tuition for private school, and extracurricular activities.","result":"Failed","date":"2023-03-24","yea":113,"nay":311,"present":0,"not_voting":16,"source":"https://clerk.house.gov/evs/2023/roll158.xml"},{"number":"H.Amdt. 129","sponsor":"Rep. Roy, Chip [R-TX-21]","purpose":"Amendment sought to ensure all funds made available under the Elementary and Secondary Education Act 1965 after the date of the enactment shall be consolidated and awarded to each State.","result":"Failed","date":"2023-03-24","yea":83,"nay":331,"present":0,"not_voting":26,"source":"https://clerk.house.gov/evs/2023/roll159.xml"}],"other_votes":[{"chamber":"house","date":"2023-03-23","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":203,"nay":223,"present":0,"not_voting":14,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll150.xml"},{"chamber":"house","date":"2023-03-23","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":61,"nay":365,"present":0,"not_voting":14,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll151.xml"},{"chamber":"house","date":"2023-03-23","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":89,"nay":338,"present":0,"not_voting":13,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll152.xml"},{"chamber":"house","date":"2023-03-23","question":"On Agreeing to the Amendment","title":"","result":"Agreed to","yea":386,"nay":39,"present":0,"not_voting":15,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll153.xml"},{"chamber":"house","date":"2023-03-24","question":"On Agreeing to the Amendment","title":"","result":"Agreed to","yea":420,"nay":5,"present":0,"not_voting":15,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll154.xml"},{"chamber":"house","date":"2023-03-24","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":203,"nay":217,"present":0,"not_voting":21,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll155.xml"},{"chamber":"house","date":"2023-03-24","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":161,"nay":265,"present":0,"not_voting":15,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll156.xml"},{"chamber":"house","date":"2023-03-24","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":107,"nay":317,"present":0,"not_voting":16,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll157.xml"},{"chamber":"house","date":"2023-03-24","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":113,"nay":311,"present":0,"not_voting":16,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll158.xml"},{"chamber":"house","date":"2023-03-24","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":83,"nay":331,"present":0,"not_voting":26,"kind":"amendment","source":"https://clerk.house.gov/evs/2023/roll159.xml"},{"chamber":"house","date":"2023-03-24","question":"On Motion to Recommit","title":"Parents Bill of Rights Act","result":"Failed","yea":203,"nay":218,"present":0,"not_voting":13,"kind":"procedural","source":"https://clerk.house.gov/evs/2023/roll160.xml"}],"crs_summary":{"date":"2023-03-24","stage":"Passed House","blocks":[{"k":"h","t":"Parents Bill of Rights Act"},{"k":"p","t":"This bill establishes various rights of parents and guardians regarding the public elementary or secondary school education (including secondary career and technical education) of their children. Local educational agencies (LEAs) and schools must comply with the requirements of the bill in order to receive federal education funds."},{"k":"p","t":"Specifically, the bill requires schools to notify parents and guardians of their rights regarding the education of their children. These rights include the right to"},{"k":"li","t":"review (and make copies of at no cost) the curriculum of their child's school;","d":1},{"k":"li","t":"know if the state alters its challenging academic standards;","d":1},{"k":"li","t":"meet with each teacher of their child at least twice each school year;","d":1},{"k":"li","t":"review the budget, including all revenues and expenditures, of their child's school;","d":1},{"k":"li","t":"inspect the books and other reading materials in the library of their child's school;","d":1},{"k":"li","t":"address the school board of the LEA;","d":1},{"k":"li","t":"receive information about violent activity in their child's school; and","d":1},{"k":"li","t":"know if their child is not grade-level proficient in reading or language arts at the end of 3rd grade.","d":1},{"k":"p","t":"Additional rights include the right to"},{"k":"li","t":"receive information about any plans to eliminate gifted and talented programs or college credit programs in their child's school;","d":1},{"k":"li","t":"know the total number of school counselors in their child's school;","d":1},{"k":"li","t":"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 designed for individuals whose biological sex is female;","d":1},{"k":"li","t":"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","d":1},{"k":"li","t":"receive timely information about any major cyberattack against their child's school.","d":1},{"k":"p","t":"Each LEA must (1) post on a publicly accessible website (or otherwise widely disseminate to the public) the curriculum for each grade level, and (2) include detailed budget information in its annual report card."},{"k":"p","t":"The bill provides for additional family educational and privacy rights, including by (1) prohibiting schools from acting as an agent of a parent for purposes of providing verifiable parental consent for a vaccination, (2) prohibiting schools from selling student information for commercial or financial gain, and (3) requiring schools to engage meaningfully with parents in developing privacy policies or procedures."},{"k":"p","t":"An elementary school or a school consisting of only grades 5-8 must obtain parental consent before (1) changing a minor child's gender markers, pronouns, or preferred name on school forms; or (2) allowing a child to change the child's sex-based accommodations."},{"k":"p","t":"The bill requires the Government Accountability Office to evaluate and analyze the impact of the bill on protecting parents' rights in the education of their children and the costs to educational agencies and schools."}],"words":459},"summary":{"main_subject":{"text":"Amends the Elementary and Secondary Education Act of 1965 and the General Education Provisions Act to set out parents' rights to information, to inspect school materials, and to give consent, in public elementary and secondary schools.","cites":[{"label":"Sec. 104","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#H3E1DFF3287154297A80C20D6ABB31F88"},{"label":"Sec. 201","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#HA783110F64E440F9812760B573DD1733"},{"label":"Sec. 202","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#HCDDF93ADB5B44ED2B55EFDE4ACB13D08"}]},"core_areas":["Parent notice and right-to-know requirements in public elementary and secondary schools","Public posting of curriculum, school budgets and academic standards revisions","Parent inspection of instructional materials, library books and professional development materials","Student privacy, data sales and consent under FERPA and the Protection of Pupil Rights Amendment","Parental consent for gender markers, pronouns, preferred names and sex-based accommodations on school forms"],"what_it_does":[{"text":"Adds state plan assurances that each local educational agency posts or widely disseminates its grade-level curriculum, or a description of it and how parents can review it, and that the State posts notice and a copy of any revisions to its academic standards.","cite":{"label":"Sec. 101","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#H0E3B28D0FD3B42E5A15C7057426B9707"}},{"text":"Requires each local educational agency report card to include the school year's budget, with all revenues and expenditures, for the agency and for each school it serves, along with a separate summary fact sheet.","cite":{"label":"Sec. 102","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#H4F2C332DFFD64C04A0F091745D6A4A65"}},{"text":"Requires schools to post a summary notice of parents' rights, and requires the local educational agency to give parents the opportunity to meet each of their child's teachers at least twice each school year and to address the school board.","cite":{"label":"Sec. 104","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#H3E1DFF3287154297A80C20D6ABB31F88"}},{"text":"Requires local educational agencies to make instructional materials, library books and professional development materials available for parent inspection without a nondisclosure agreement, with comment periods at least once every three weeks, each at least three school days long.","cite":{"label":"Sec. 202","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#HCDDF93ADB5B44ED2B55EFDE4ACB13D08"}},{"text":"Prohibits educational agencies and institutions from acting as a parent's agent in giving verifiable parental consent for a vaccination, and from selling student information for commercial or financial gain, except for products such as yearbooks, prom tickets and school pictures.","cite":{"label":"Sec. 201","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#HA783110F64E440F9812760B573DD1733"}},{"text":"Requires elementary schools and middle-grades-only schools that receive Department of Education funds to get parental consent before changing a minor child's gender markers, pronouns or preferred name on a school form, or before allowing a change in the child's sex-based accommodations.","cite":{"label":"Sec. 401","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#HC6D0E3DAFDD245EEBEA3140FDD5A6EF6"}}],"unexpected":[{"category":"off_subject","items":[{"cite":{"label":"Sec. 105","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#H18228F1798FB413B9AAD6A5F6130E510"},"heading":"Sense of Congress on First amendment rights","effect":"Adds a new section to Title VIII of the Elementary and Secondary Education Act with congressional findings and a sense of Congress on parents' First Amendment rights and the standard of review courts use for parental-rights cases.","amount":null,"quote":"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."},{"cite":{"label":"Sec. 501","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#HBC45C0B22D2443629401178183E117AF"},"heading":"Sense of Congress","effect":"States the sense of Congress that public elementary and secondary school students should have access to broadband.","amount":null,"quote":"all public elementary and public secondary school (including public secondary career and technical education school) students should have access to broadband."},{"cite":{"label":"Sec. 601","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#HDBB05E71F65442249EB31946B93AF8EB"},"heading":"Sense of Congress","effect":"States the sense of Congress that public elementary and secondary school students should have opportunities to learn the history of the Holocaust and anti-Semitism.","amount":null,"quote":"students should have opportunities to learn the history of the Holocaust and anti-Semitism."},{"cite":{"label":"Sec. 902","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#HE8FE4DEE1E22480E815603306E89193F"},"heading":"Sense of Congress","effect":"States the sense of Congress that local educational agencies lack authority to direct, supervise or control the curriculum or program of instruction of non-public elementary or secondary schools.","amount":null,"quote":"local educational agencies do not have the authority to exercise any direction, supervision, or control over the curriculum or program of instruction of non-public elementary or secondary schools."}]},{"category":"selective_carve_out","items":[{"cite":{"label":"Sec. 401","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#HC6D0E3DAFDD245EEBEA3140FDD5A6EF6"},"heading":"Requirement related to gender markers, pronouns, and preferred names on school forms","effect":"Requires parental consent before gender markers, pronouns, preferred names or sex-based accommodations are changed, as a condition of Department of Education funds, for elementary schools and schools with only middle grades.","amount":null,"quote":"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"},{"cite":{"label":"Sec. 201","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh#HA783110F64E440F9812760B573DD1733"},"heading":"Amendments to the Family Educational Rights and Privacy Act of 1974","effect":"Adds a ban on educational agencies or institutions selling student information for commercial or financial gain, but exempts products sold to students by or on behalf of the agency or institution, such as yearbooks, prom tickets, and school pictures.","amount":null,"quote":"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."}]}],"version":{"type":"Engrossed in House","date":"2023-03-24","rule":"passed","href":"https://www.congress.gov/bill/118th-congress/house-bill/5/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-02","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/118th-congress/house-bill/5","text":"https://www.congress.gov/bill/118th-congress/house-bill/5/text"},"card":{"image":"card/item/118-hr-5.png","v":"de64fcc54bae","alt":"Votes on Record. H.R. 5, 118th Congress: Parents Bill of Rights Act. House: 213 Yea, 208 Nay. Outcome: Passed House, 24 Mar 2023."}}