HR 5 United States House · 118th Congress

Parents Bill of Rights Act

HR 5, the Parents Bill of Rights Act, would require public schools receiving federal funding to provide parents with greater access to educational information. The bill mandates that schools post curricula online or widely distribute it to parents, include school budgets in report cards, and provide specific information about school activities including violent incidents and plans to eliminate gifted programs. It also guarantees parents the right to meet with teachers twice a year, review library materials, and address school boards. These requirements would apply to all local educational agencies and schools covered by the Elementary and Secondary Education Act. The bill amends existing education laws to strengthen parental transparency and involvement in their children's education.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2023
Committee Review
Mar 2023
House Passage
Mar 2023
Senate Passage
President
Introduced Mar 1, 2023 Last action Mar 27, 2023
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What changed between versions

Introduced in House Engrossed in House · 15 edits · Mar 24, 2023
MAJOR
The Engrossed version of HR 5 (Parents Bill of Rights Act) substantially expands the bill's scope by adding seven new titles, broadening parental rights to include gender-related notifications, safety disclosures, cyberattack notices, and enrollment options, extending all requirements to career and technical education schools, and adding a federalism rule of construction. The most significant policy additions are a requirement for parental consent before schools change a minor's gender markers or sex-based accommodations (Title IV), new notification rights about school employee actions on sensitive topics, and a GAO impact report requirement.
Scope change
The bill's scope expanded significantly: (1) all requirements now apply to secondary career and technical education schools in addition to regular elementary and secondary schools; (2) new Title IV creates a federal funding condition tied to parental consent for gender-related changes at the elementary/middle school level; (3) new Title III adds an explicit federalism limit on federal control over curriculum; (4) new Title IX explicitly exempts non-public schools from all requirements; and (5) new sense-of-Congress titles address broadband access and Holocaust education.
SCOPE

All references to 'elementary school and secondary school' throughout the bill are expanded to include 'secondary career and technical education schools,' broadening which institutions must comply with every parental right provision.

New Title IX clarifies that nothing in the Act imposes requirements on non-public elementary or secondary schools, and expresses the sense of Congress that local educational agencies have no authority over non-public school curriculum.

New Title V expresses the sense of Congress that all public elementary and secondary students should have access to broadband. New Title VI expresses the sense of Congress that all public elementary and secondary students should have opportunities to learn about the Holocaust and anti-Semitism.

DEFINITION

New Section 106 adds a definition of 'secondary career and technical education school' to the Elementary and Secondary Education Act, tying it to the Carl D. Perkins Career and Technical Education Act.

The 'Sense of Congress on First Amendment rights' section adds a finding that parents' right to educate is a 'pre-political natural right' recognized by the Supreme Court, and expands the sense of Congress to state that strict scrutiny is the correct standard of review for government actions interfering with parental education rights.

REQUIREMENT

New Title IV requires parental consent before an elementary or middle school changes a minor child's gender markers, pronouns, or preferred name on any school form, or allows a child to change sex-based accommodations including locker rooms or bathrooms. This is a condition of receiving federal funds from the Department of Education.

New Section 103(c)(11) requires schools to notify parents before any person speaks (in-person or virtually) to students in a class, assembly, or school-sponsored event, including the speaker's name and the organization they represent.

New Section 103(c)(10) requires elementary schools to notify parents when their child does not score as grade-level proficient in reading or language arts at the end of third grade.

Teacher meeting requirement expanded from 'in-person' only to 'in-person or virtually via videoconference,' and the right to address the school board is expanded to include raising violations of the parental rights listed in the bill.

New FERPA provision (Section 201(b)(l)) prohibits educational agencies from acting as an agent of a parent for purposes of providing verifiable parental consent for a vaccination.

PPRA inspection rights expanded to include professional development materials, and inspection may not be conditioned on signing a nondisclosure agreement. New comment periods required at least once every three weeks (minimum three school days each) for parents to inspect and provide feedback on instructional materials.

ELIGIBILITY

The parental right-to-know section (104) is dramatically expanded from 8 rights to 18, adding: right to make copies of curriculum at no cost; right to inspect library books; right to information about all enrollment options including charter schools and schools in other districts; right to review professional development materials; right to know about third-grade reading proficiency; right to know if employees act to change gender markers or sex-based accommodations; right to know about employee actions on cyberbullying, mental health, threats, drugs, eating disorders, or weapons; right to notice before guest speakers; right to know total number of school counselors; right to know about males in female-designated athletic programs; right to know about males using female restrooms/changing rooms; and right to timely notice of major cyberattacks.

ENFORCEMENT

New Title III adds a rule of construction stating that nothing in the Act authorizes any federal department, agency, officer, or employee to exercise direction, supervision, or control over curriculum, program of instruction, administration, or personnel of any educational institution.

TIMELINE

New Title VII requires the GAO to submit a report within one year of enactment evaluating the Act's impact on protecting parents' rights and the costs imposed on state educational agencies, local educational agencies, and schools.

TECHNICAL

New Title VIII adds a rule of construction clarifying that nothing in the Act grants parents the right to deny other students access to books or reading materials available in their child's school library.

Floor votes · House Mar 24, 2023

How they voted

213208
Passed · 14 other
Total votes 435
Mar 24, 2023
D Democratic213
203 Nay 10
95% Nay
I Independent1
1 Yea
100% Yea
R Republican221
212 Yea 5 Nay 4
95% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
64
Key actions
41
Committee
40
Amendments
13
Mar 27, 2023
Committee
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
upper
Mar 24, 2023
Lower · Passed
On passage Passed by recorded vote: 213 - 208 (Roll no. 161).
lower
Mar 24, 2023
Lower · Passed
Passed/agreed to in House: On passage Passed by recorded vote: 213 - 208 (Roll no. 161).
lower
Mar 24, 2023
Lower · Passed
Mrs. Hayes moved to recommit to the Committee on Education and the Workforce. (text: CR H1424)
lower
Mar 24, 2023
Lower · Passed
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
lower
Mar 24, 2023
Lower · Passed
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5.
lower
Mar 24, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H. Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Tenney amendment No. 22.
lower
Mar 24, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H. Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (NJ) amendment No. 21.
lower
Mar 24, 2023
Introduced
POSTPONED PROCEEDINGS - At the conclusion of debate on the Roy amendment No. 20, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Roy demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
lower
Mar 24, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H. Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 20.
lower
Mar 24, 2023
Introduced
POSTPONED PROCEEDINGS - At the conclusion of debate on the Roy amendment No. 19, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Roy demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
lower
Mar 24, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H. Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 19.
lower
Mar 24, 2023
Lower · Passed
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
lower
Mar 23, 2023
Lower · Passed
Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
lower
Mar 23, 2023
Lower · Passed
On motion that the committee rise Agreed to by voice vote.
lower
Mar 23, 2023
Lower · Passed
Ms. Foxx moved that the committee rise.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Miller (OH) amendment No. 18.
lower
Mar 23, 2023
Introduced
POSTPONED PROCEEDINGS - At the conclusion of debate on the McCormick amendment No. 17, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Foxx demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the McCormick amendment No. 17.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the McCormick amendment No. 16.
lower
Mar 23, 2023
Introduced
POSTPONED PROCEEDINGS - At the conclusion of debate on the Massie amendment No. 15, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Lawler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Massie amendment No. 15.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Lawler amendment No. 14.
lower
Mar 23, 2023
Introduced
POSTPONED PROCEEDINGS - At the conclusion of debate on the Jacobs amendment No. 13, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mrs. Jacobs demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Jacobs amendment No. 13.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Jacobs amendment No. 12.
lower
Mar 23, 2023
Introduced
POSTPONED PROCEEDINGS - At the conclusion of debate on the Green (TN) amendment No. 10, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Scott (VA) demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Green (TN) amendment No. 10.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Garbarino amendment No. 9.
lower
Mar 23, 2023
Lower · Passed
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
lower
Mar 23, 2023
Lower · Passed
On motion that the Committee rise Agreed to by voice vote.
lower
Mar 23, 2023
Lower · Passed
Ms. Foxx moved that the Committee rise.
lower
Mar 23, 2023
Introduced
POSTPONED PROCEEDINGS - At the conclusion of debate on the Fitzpatrick Amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Fitzpatrick demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H. Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Fitzpatrick Amendment No. 8.
lower
Mar 23, 2023
Introduced
POSTPONED PROCEEDINGS - At the conclusion of debate on the Davidson Amendment No. 7, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Foxx demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Davidson (OH) amendment No. 7.
lower
Mar 23, 2023
Introduced
POSTPONED PROCEEDINGS - At the conclusion of debate on the Crane amendment No. 6, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Foxx demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Crane amendment No. 6.
lower
Mar 23, 2023
Introduced
POSTPONED PROCEEDINGS - At the conclusion of debate on the Bonamici amendment No. 5, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Bonamici demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Bonamici amendment No. 5.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 4.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 3.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Foxx amendment No. 2.
lower
Mar 23, 2023
Lower · Passed
DEBATE - Pursuant to the provisions of H.Res. 241, the Committee of the Whole proceeded with 10 minutes of debate on the Bacon amendment No. 1.
lower
Mar 23, 2023
Lower · Passed
GENERAL DEBATE - The Committee of the Whole proceeded with two hours of general debate on H.R. 5.
lower
Mar 23, 2023
Lower · Passed
The Speaker designated the Honorable Mike Flood to act as Chairman of the Committee.
lower
Mar 23, 2023
Lower · Passed
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 241 and Rule XVIII.
lower
Mar 23, 2023
Introduced
Rule provides for consideration of H.R. 5 with 2 hours of general debate. Motion to recommit allowed. Measure will be considered read. Specified amendments are in order.
lower
Mar 23, 2023
Introduced
Considered under the provisions of rule H. Res. 241. (consideration: CR H1348-1383; text of amendment in the nature of a substitute: CR H1372-1374)
lower
Mar 23, 2023
Lower · Passed
Rule H. Res. 241 passed House.
lower
Mar 22, 2023
Lower · Passed
Rules Committee Resolution H. Res. 241 Reported to House. Rule provides for consideration of H.R. 5 with 2 hours of general debate. Motion to recommit allowed. Measure will be considered read. Specified amendments are in order.
lower
Mar 14, 2023
Lower · Passed
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-9.
lower
Mar 9, 2023
Introduced
Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 17.
lower
Mar 9, 2023
Lower · Passed
Committee Consideration and Mark-up Session Held.
lower
Mar 8, 2023
Lower · Passed
Committee Consideration and Mark-up Session Held.
lower
Mar 1, 2023
Committee
Referred to the House Committee on Education and the Workforce.
lower
Mar 1, 2023
Introduced
Introduced in House
lower
1 primary · 122 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Julia Letlow
Julia Letlow
RRepublican
LA
5
Co
Photo of A. Drew Ferguson IV
A. Drew Ferguson IV
RRepublican
GA
3
Co
Photo of Aaron Bean
Aaron Bean
RRepublican
FL
4
Co
Photo of Alexander X. Mooney
Alexander X. Mooney
RRepublican
WV
2
Co
Photo of Andrew Ogles
Andrew Ogles
RRepublican
TN
5
Co
Photo of Anna Paulina Luna
Anna Paulina Luna
RRepublican
FL
13
Co
Photo of Anthony D’Esposito
Anthony D’Esposito
RRepublican
NY
4
Co
Photo of Ashley Hinson
Ashley Hinson
RRepublican
IA
2
Co
Photo of Ben Cline
Ben Cline
RRepublican
VA
6
Co
Photo of Bill Huizenga
Bill Huizenga
RRepublican
MI
4
Co
Photo of Bill Posey
Bill Posey
RRepublican
FL
8