107th Congress

No Child Left Behind Act of 2001
Parental Freedom of Information Amendment (Tiahrt Amendment)
H.R. 1

Background

H.R. 1, the No Child Left Behind Act of 2001, was introduced on March 22, 2001, by Representative John A. Boehner (R-OH). H.R. 1 would amend the Elementary and Secondary Education Act of 1965 (ESEA) to address issues such as yearly testing and assessments of student performance, standards, and reporting to parents and the public on school performance and teacher quality. In passing H.R. 1, the House adopted the Parental Freedom of Information Amendment (Tiahrt Amendment) offered by Representative Todd Tiahrt (R-KS).

Provisions of the Legislation/Impact on NIH

The Tiahrt Amendment would require prior, informed, written parental consent for survey research conducted in elementary or secondary schools that collects "sensitive" information in seven broad categories: political affiliations or beliefs of the student or the student's parent; mental or psychological problems potentially embarrassing to the student or the student's family; sex behavior or attitudes; illegal, antisocial, or self-incriminating behavior; appraisals of other individuals with whom the minor has a familial relationship; relationships that are legally recognized as privileged, including those with lawyers, physicians, and members of the clergy; and religious practices, affiliations, or beliefs. Currently, all child assent and parental permission procedures used by National Institutes of Health-supported researchers must be approved by local institutional review boards (IRBs) in accORDance with the requirements of 45 CFR 46. As stated in Subpart D of 45 CFR 46.404: "DHHS will conduct or fund research in which the IRB finds that no greater than minimal risk to children is present, only if the IRB finds that adequate provisions are made for soliciting the assent of the children and the permission of their parents or guardians." In addition, a waiver of the requirement for parental or guardian permission is appropriate in certain unusual circumstances, and such waiver is permitted by 45 CFR 46.408 (c).

Status and Outlook

H.R. 1 was introduced on March 22, 2001, and was referred to the House Committee on Education and the Workforce. On May 14, 2001, the bill was reported by the Committee and sequentially referred to the House Committee on the Judiciary, where it was discharged and placed on the Union Calendar. H.R. 1 passed the House on May 23, 2001, and was sent to the Senate for consideration. The Senate passed a similar bill (S. 1) without a companion provision to the Tiahrt amendment. H.R. 1 and S. 1 are in conference to reconcile differences between the two bills.