HR 1854 IH

To amend the General Education Act to allow parents access to certain information about their children.

May 15, 2001

Mr. TIAHRT (for himself, Mr. PITTS, Mr. BURTON of Indiana, Mr. SMITH of New Jersey, Mr. STEARNS, Mr. GUTKNECHT, Mr. RYUN of Kansas, Mr. BARR of Georgia, Mr. ENGLISH, Mr. HOEKSTRA, Mr. JONES of North Carolina, Mr. WELDON of Florida, Mr. TANCREDO, Mr. GRAHAM, and Mr. LEWIS of Kentucky) introduced the following bill; which was referred to the Committee on Education and the Workforce

To amend the General Education Act to allow parents access to certain information about their children.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Parental Freedom of Information Act'.

SEC. 2. INFORMATION ACCESS AND CONSENT.

(a) IN GENERAL- Section 444 of the General Education Provisions Act (20 U.S.C. 1232g) is amended by adding at the end the following:

`(j) INSTRUCTIONAL AND TESTING MATERIALS-

`(1) IN GENERAL- No funds shall be made available under any applicable program to any educational agency or institution that has a policy of denying, or that effectively prevents, the parent of an elementary school or secondary school student served by such agency or at such institution, as the case may be, the right to inspect and review any instructional material used with respect to the educational curriculum of, or testing material that has been administered to, the student. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the instructional material or testing material. The granting of each such request shall be made in a reasonable period of time, but shall not exceed 30 days, after the date of the request.

`(2) GRIEVANCE PROCESS-

`(A) IN GENERAL- Any educational agency or institution that receives funding under any applicable program shall establish and maintain procedures in accordance with this paragraph for resolving a dispute under this subsection through mediation or through use of arbitration if the dispute is not resolved through mediation.

`(B) MEDIATION-

`(i) GOALS OF MEDIATION- The goals of mediation are a prompt resolution of the dispute in a written agreement between the parties.

`(ii) MEDIATION PROCESS- The mediation process, at a minimum, shall meet the following requirements:

`(I) Be conducted not later than 60 days after a parent's request for access and review of educational and testing materials is denied.

`(II) Not be used to deny or delay a parent's rights afforded under this subsection.

`(III) Be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and is chosen by mutual consent of the involved parties.

`(IV) Be scheduled in a timely manner and be held in a location that is convenient to the parties to the dispute.

`(iii) COSTS OF MEDIATION- The costs of mediation shall be paid for by the educational agency or institution, as the case may be.

`(C) ARBITRATION-

`(i) GOAL OF ARBITRATION- The goal of arbitration is a prompt resolution of the dispute in the event the parties are unable to reach a written agreement through the mediation process.

`(ii) ARBITRATION PROCESS- The arbitration process, at a minimum, shall meet the following requirements:

`(I) Be conducted not later than 60 days after failure to resolve the dispute through mediation.

`(II) Be conducted by an independent arbitrator chosen by mutual consent of all parties to the dispute.

`(III) Require the arbitrator to take testimony and order such equitable or declaratory relief as appropriate.

`(IV) Be scheduled in a timely manner and be held in a location that is convenient to the parties to the dispute.

`(V) Be considered final and binding upon all parties to the dispute.

`(iii) COSTS OF ARBITRATION- The costs of arbitration shall be shared equally between all parties to the dispute.

`(3) DEFINITIONS- In this subsection:

`(A) INSTRUCTIONAL MATERIAL- The term `instructional material' means a textbook, audio/visual material, informational material accessible through Internet sites, material in digital or electronic formats, instructional manual, or journal, or any other material supplementary to the educational curriculum of a student.

`(B) TESTING MATERIAL- The term `testing material' means any test (without responses) after the test is administered to a student during the current school year, and if available, any statistical comparison data regarding the test results with respect to the student's age or grade level. The term does not include a test subject to a copyright or licensing agreement.

`(k) PARENTAL CONSENT-

`(1) IN GENERAL- Except as provided in paragraph (2), no funds shall be made available under any applicable program to an educational agency or institution that, without the prior, written, informed consent of the parent of a student requires the student to undergo medical, psychological, or psychiatric examination, testing, treatment, or immunization (except in the case of a medical emergency).

`(2) EXCEPTION- Paragraph (1) shall not apply to directory information as defined in subsection (a)(5)(A) or to medical, psychological, or psychiatric examinations, testing, treatment, or immunizations of students expressly permitted by State law without written parental consent.

`(3) RULE OF CONSTRUCTION- Nothing in paragraph (1) shall be construed as superseding or otherwise affecting informed parental consent requirements under the Individuals with Disabilities Act (20 U.S.C. 1400 et seq.).

`(4) RESTRICTION ON SEEKING INFORMATION FROM MINORS- Notwithstanding any other provision of Federal law, in conducting a program or activity funded in whole or in part by the Federal Government a person may not, without the consent of at least 1 parent or guardian of a minor or, in the case of an emancipated minor, the prior consent of the minor, require or otherwise seek the response of the minor to a survey or questionnaire whether written or oral which elicits information concerning any of the following:

`(i) Parental political affiliations or beliefs.

`(ii) Mental or psychological problems.

`(iii) Sexual behavior or attitudes.

`(iv) Illegal, antisocial, or self-incriminating behavior.

`(v) Appraisals of other individuals with whom the minor has a familial relationship.

`(vi) Relationships that are legally recognized as privileged, including those with lawyers, physicians, and members of the clergy.

`(vii) Religious affiliations or beliefs.'.

(b) RIGHT OF ACCESS- The third sentence of section 444(a)(1)(A) of the General Education Provisions Act (20 U.S.C. 1232g(a)(1)(A)) is amended by striking `forty-five' and inserting `30'.

END