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Second, if a child is being surveyed about their personal family life, about whether they use drugs, or mental health issues, that we want parents to know what is going on and get parental consent there when a survey is being done because we believe it is important for parents to know what is being asked of their children.
[Page: H2588] GPO's PDF
Third, we want to make sure that in emergency situations, guidance-counseling situations in its normal fashion, that there is no impediment there. But we do believe that when it comes time to perform medical exams or part of a treatment regime that a school counseling team may come up with, that parents are informed about what is going to happen to their child medically and any mental health counseling that is a result of the normal counseling process.
Knowledge is power. We believe this will give parents more knowledge about what goes on in their school. It will create a better relationship between administrators and parents, and we are going to make sure that we do not do anything to impede the right to protect children who are being abused at home.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield back the balance of my time.
Mr. TIAHRT . Mr. Chairman, I yield such time as she may consume to the gentlewoman from New Jersey (Mrs. ROUKEMA) for the purposes of a colloquy.
Mrs. ROUKEMA. Mr. Chairman, I thank the gentleman from Kansas (Mr. TIAHRT ) for yielding me this time.
Mr. Chairman, I want to have this colloquy with the gentleman from Kansas (Mr. TIAHRT ) and the other author, but first let me make a point clear. I speak on this subject about parental consent with a little bit of experience that my husband is a psychiatrist not only in private practice but also as a psychiatric consultant to a number of school systems over the years on these issues.
With that as background, I want to say that I agree with the gentleman's amendment ; but I want to be sure that we are not having unintended consequences here. So I want to make clear what the language does.
Specifically with the section on restrictions on medical testing and treatment of minors, these initial contacts are vital. As a primary proponent of school-based mental health services, as the author of that provision that is in the bill, I want to be very sure that we are talking about the same things here.
My understanding here is that under the gentleman's amendment a child in trouble would be first referred to a school guidance counselor, as is presently the case, under all State law; no signed permission for this initial contact is needed. Is that correct?
Mr. TIAHRT . That is also my understanding, yes.
Mrs. ROUKEMA. Then the child's case is referred to a child study committee, and the social worker that is a member of that child's study committee then is required to have parental consent or make the contact with the parent before that evaluation. Is that correct?
Mr. TIAHRT . That is also my understanding.
Mrs. ROUKEMA. Then, of course, we get to the question of the mental health counselors that are provided for in this bill. It is again my understanding, and there is no ambiguity about this, that mental health counselors would then assess the treatment needs but would again require parental consent with specificity?
Mr. TIAHRT . That is also my understanding.
Mrs. ROUKEMA. That is also the understanding of the gentleman.
I want to thank the gentleman because this is a very important portion of this bill. I want to make the particular point for all of our colleagues that we need this clarification to ensure that the children and families are able to receive the best possible treatment but not eroding the rights of the parents in these cases.
Mr. Chairman, I thank the gentleman from Kansas (Mr. TIAHRT ) for his amendment .
Mr. TIAHRT . Mr. Chairman, I yield 2 minutes to the gentleman from Colorado (Mr. SCHAFFER).
Mr. SCHAFFER. Mr. Chairman, I thank the gentleman from Kansas (Mr. TIAHRT ) for yielding me this time and would urge the adoption of the amendment offered by the gentleman from Kansas (Mr. TIAHRT ).
Mr. Chairman, this is a good amendment because at its core it empowers parents, and that really should be what we are all about here in Congress, is finding ways to empower parents to the greatest extent possible. This empowers them through information and putting parents in the driver's seat when it comes to administering various psychological and psychiatric examinations, nonemergency medical examinations and tests that might be required at school.
Giving parents the authority to make these decisions is just one strategy to do two things: one, to make parents a more integral part of the academic and learning experience of their children; but, secondly, to allow parents to be in a position where they have a better opportunity to protect their children from different examinations, procedures, different experiments that take place in America's government-owned schools that are somehow different than the academic mission that most parents assume these institutions are all about.
That is, in fact, what these institutions should be about, and that should be our goal here in the House, is to focus to the greatest extent possible the mission of our public schools on the mission of teaching, on education. Pure and simple. It is important to empower them through the Tiahrt amendment because the options to empower parents further have really not become a part of this bill nor have those amendments been permitted to even be discussed.
The President, in his plan to leave no child behind, had suggested that parents should have the full authority to move their children out of government-owned institutions and into private schools at some point if those public schools have failed to deliver an academic product that was in the best interest of their children. That core provision of the President's bill has been left behind, ironically, and is not part of H.R. 1; but this amendment here is critical and I think addresses that deficiency in the overall legislation to some degree because it does significantly empower parents in a very important area of their child's academic experience and makes sure that their focus is on education and academics and not on experimentation and psychological testing.
Mr. TIAHRT . Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I first took up the fight to guarantee parental rights when I encountered resistance in trying to obtain information about my own children's curriculum. Since then, I have learned that 11-year-olds have been given surveys asking about explicit sexual practices. School counselors have conducted counseling sessions for treatments that they were not qualified to give, and other abuses have been occurring across the United States.
In closing, let me once again state that my intent with this amendment is to simply clear up the confusion that already exists in Federal law. Any teacher will say parental involvement is imperative to the success of a child during their educational career.
[Time: 12:00]
This amendment states unequivocally, parents have the right to be involved in a child's education. It is pro-family, it is pro-education, and I urge its adoption.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the gentleman from Kansas (Mr. TIAHRT ).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 15 printed in House Report 107-69.
AMENDMENT NO. 15 OFFERED BY MR. ARMEY
Mr. ARMEY. Mr. Chairman, I offer an amendment .
The CHAIRMAN. The Clerk will designate the amendment .
The text of the amendment is as follows:
Amendment No. 15 offered by Mr. ARMEY:
In section 104 of the bill, in paragraph (13) of section 1112(b) of the Elementary and Secondary Education Act of 1965 (as proposed to be amended by such section 104), strike ``public''.
In section 106 of the bill, in clause (ii) of section 1116(b)(7)(A) of the Elementary and Secondary Education Act of 1965 (as proposed to be amended by such section 106), strike subclause (II) and insert the following:
``(II) make funds available--
``(aa) to the economically disadvantaged child's parents to place the child in a private school in accordance with subsection (d)(2); or
``(bb) make funds available for supplementary educational services, in accordance with subsection (d)(1); and
In section 106 of the bill, in paragraph (8) of section 1116(b) of the Elementary and Secondary Education Act of 1965 (as proposed to be amended by such section 106), after ``paragraph (6)(D)(i)'' insert ``, (7)(A)(ii)(II)(aa),''.
In section 106 of the bill, in subparagraph (A) of section 1116(b)(8) of the Elementary and Secondary Education Act of 1965 (as proposed to be amended by such section 106), strike ``public''.
In section 106 of the bill, in subsection (d) of section 1116 of the Elementary and Secondary Education Act of 1965 (as proposed to be amended by such section 106)--
(1) in paragraph (1) strike ``(1) In'' and insert the following:
``(1) SUPPLEMENTAL INSTRUCTIONAL SERVICES.--''
``(A) In
(2) strike ``this paragraph'' each place it appears and insert ``this subparagraph'';
(3) in paragraph (2) strike ``paragraph (1)'' and insert ``subparagraph (A)'';
(3) in paragraph (3)--
(A) strike ``paragraph (2)'' and insert ``subparagraph (B)''; and
(B) redesignate subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively (and indent accordingly);
(4) in paragraph (5)--
(A) in subparagraph (B), strike ``paragraph (6)'' and insert ``subparagraph (F)''; and
(B) redesignate subparagraphs (A) through (E) as clauses (i) through (v), respectively, (and indent accordingly);
(5) in paragraph (6)--
(A) strike ``paragraph (5)(c)'' insert ``subparagraph (E)(iii)''; and
(B) redesignate subparagraphs (A) through (D) as clauses (i) through (iv), respectively (and indent accordingly);
(6) in paragraph (7)--
(A) in subparagraph (B), strike ``subparagraph (A)'' and insert ``clause (i)''; and
(B) redesignate subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively (and indent accordingly);
(7) in paragraph (10)--
(A) in subparagraphs (C) and (D), redesignate clauses (i) and (ii) as subclauses (I) and (II), respectively (and indent accordingly);
(B) redesignate subparagraphs (A) through (D) as clauses (i) through (iv), respectively (and indent accordingly);
(8) redesignate paragraphs (2) through (11) as subparagraphs (B) through (K), respectively (and indent accordingly);
(9) at the end, insert the following:
``(2) PARENTAL CHOICE.--
``(A) IN GENERAL.--In any case described in section 1116(b)(7)(A)(ii)(II)(aa) the local educational agency shall permit the parents of each eligible child defined in paragraph (7)(A) to--
``(i) receive, from the agency, the child's share of funds allocated to the school under this part, calculated under subparagraph (B); and
``(ii) Notwithstanding any other provision of this Act, use those funds to pay the costs of attending a private school that agrees to--
``(I) assess the student in mathematics and reading and language arts each year during grades 3 through 8 and at least once during grades 10 through 12, using academic assessments that are comparable in what they measure to the academic assessments used by the State; and
``(II) provide the results of those assessments to the student's parents.
``(B) PER-CHILD AMOUNT.--The amount of a school's allocation under this part that it shall make available to the parents of an eligible child under subparagraph (A)(ii) is equal to the amount of the school's allocation under subpart 2 of this part divided by the number of eligible children enrolled in the school.
``(C) LIMITATION.--The amount of funds provided to the parents of a child under this paragraph shall not exceed the actual costs of the parents for sending the child to a private school and providing transportation to such school.
``(D) DURATION.--The local educational agency shall continue to provide funds to parents of a child attending a private school under this section until the child completes the grade corresponding to the highest grade offered at the public school the child previously attended.
``(E) NONDISCRIMINATION.--
``(i) IN GENERAL.--A private school participating in the choice program under this paragraph shall not discriminate on the basis of race, color, national origin, or sex in carrying out the provisions of this paragraph.
``(ii) APPLICABILITY AND CONSTRUCTION WITH RESPECT TO DISCRIMINATION ON THE BASIS OF SEX.--
``(I) APPLICABILITY.--With respect to discrimination on the basis of sex, clause (i) shall not apply to a private school that is controlled by a religious organization if the application of clause (i) is inconsistent with the religious tenets of the private school.
``(II) SINGLE-SEX SCHOOLS, CLASSES, OR ACTIVITIES.--With respect to discrimination on the basis of sex, nothing in clause (i) shall be construed to prevent a parent from choosing, or a private school from offering, a single-sex school, class, or activity.
``(III) CONSTRUCTION.--With respect to discrimination on the basis of sex, nothing in clause (i) shall be construed to require any person, or public or private entity to provide or pay, or to prohibit any such person or entity from providing or paying, for any benefit or service, including the use of facilities, related to an abortion. Nothing in the preceding sentence shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.
``(iii) CHILDREN WITH DISABILITIES.--Nothing in this subsection shall be construed to alter or modify the provisions of the Individuals with Disabilities Education Act or the Rehabilitation Act of 1973.
``(iv) RULE OF CONSTRUCTION.--
``(I) IN GENERAL.--Nothing in this paragraph shall be construed to prevent any private school which is operated by, supervised by, controlled by, or connected to, a religious organization from employing, admitting, or giving preference to, persons of the same religion to the extent determined by such institution to promote the religious purpose for which the private school is established or maintained.
``(II) SECTARIAN PURPOSES.--Nothing in this paragraph shall be construed to prohibit the use of funds made available under this subsection for sectarian educational purposes, or to require a private school to remove religious art, icons, scripture, or other symbols.
``(F) DEFINITIONS.--As used in this paragraph, the term `eligible child' means a child from a low-income family, as determined by the local educational agency for purposes of allocating funds to schools under section 1113(c)(1).''.
In section 401 of the bill, in section 4131(b) of the Elementary and Secondary Education Act of 1965 (as proposed to be amended by such section 401)--
(1) strike ``and'' at the end of paragraph (14);
(2) strike the period at the end of paragraph (15) and insert ``; and''; and
(3) insert the following:
``(16) activities to promote, implement, or expand private school choice for disadvantaged children in failing public schools.
In section 501 of the bill, in subparagraph (P) of section 5115(b)(2) of the Elementary and Secondary Education Act of 1965 (as proposed to be amended by such section 501), after ``including a public charter school,'' insert ``or a private school if no safe public school or public charter school can accommodate the student,''.
In section 801 of the bill, in section 8507 of the Elementary and Secondary Education Act of 1965 (as proposed to be amended by such section 801)--
(1) insert ``(a) IN GENERAL.--'' before ``Nothing''; and
(2) add at the end the following:
``(b) INAPPLICABILITY.--Subsection (a) shall not be construed to prohibit the use of funds made available to parents of eligible children for sectarian educational purposes under private school choice provisions of this Act, or to require an eligible private institution to remove religious art, icons, scripture, or other symbols.
The CHAIRMAN. Pursuant to House Resolution 143, the gentleman from Texas (Mr. ARMEY) and the gentleman from Michigan (Mr. KILDEE) each will control 20 minutes.
The Chair recognizes the gentleman from Texas (Mr. ARMEY).
Mr. ARMEY. Mr. Chairman, I yield myself such time as I may consume.
I rise in support of this amendment , which is offered by myself, the gentleman from Ohio (Mr. BOEHNER), and the gentleman from Texas (Mr. DELAY). With the consent of the gentleman from Michigan (Mr. KILDEE), I will just make a few comments and then yield to the gentleman from Ohio (Mr. BOEHNER) for his comments.
Mr. Chairman, this amendment represents the language that was first introduced in the President's bill as he sent it up to the House and represents that very important component of his education package and education philosophy, which is parental involvement in school choice. It is, in my estimation, just the most minimal introduction of the right to choose a school on the part of a parent that is concerned about the performance of the school relative to the child's life, and it is certainly something that this Congress should take under consideration and, in my estimation, we should pass without hesitation.
Mr. Speaker, I yield 3 1/2 minutes to the gentleman from Ohio (Mr. BOEHNER).
Mr. BOEHNER. Mr. Chairman, this amendment that we have before us reinstates the private school choice provisions into the bill, and I think will help rescue children who are trapped in chronically failing schools. I would like to thank the gentleman from Texas (Mr. ARMEY) and the gentleman from Texas (Mr. DELAY) for sponsoring this amendment with me.
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