Congressional Digest

    Pros and Cons of the Parents Bill of Rights

June 01, 2023
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Building on growing debate in schools and libraries, the U.S. House recently passed legislation that sponsors say would guarantee parents and guardians certain rights over their children’s elementary and secondary school education.

The Parents Bill of Rights (H.R. 5) passed in March by a 213-208 vote, with most Republicans in favor of the legislation and all Democrats opposing it. Among its requirements, the bill would mandate that schools publish curricula and allow parents to meet with teachers at least twice every school year, review the school’s budget and inspect reading materials in the school library. It would also require that schools publicly release information about violent activity that occurs on school grounds.

“As a mom of two and a former educator, I believe for a child to succeed, they need families and schools to work together as partners throughout the learning process,” Rep. Julia Letlow (R-La.), the bill’s lead sponsor, said in a statement. During the floor debate, she added that the bill is not an attempt by Congress to “dictate” school curricula or choose the books allowed in libraries. “Instead,” she said, “this bill aims to bring more transparency and accountability to education, allowing parents to be informed, and when they have questions and concerns to lawfully bring them to their local school boards.”

House Speaker Kevin McCarthy (R-Calif.) called it “an important step towards protecting children and dramatically strengthening the rights of parents.” McCarthy made the bill an early priority for the Republican House, especially after many members campaigned on giving parents more rights over education.

Republican Rep. Erin Houchin of Indiana, who supported the bill, added that it “gives power back to parents” as “sending a child to public school does not terminate parental rights at the door.” Not all Republicans were in favor of the bill, however. A handful of members — including Reps. Andy Biggs (R-Ariz.), Ken Buck (R-Colo.), Matt Gaetz (R-Fla.), Mike Lawler (R-N.Y.) and Matt Rosendale (R-Mont.) — joined Democrats in voting against the legislation. Opponents said the bill was more about advancing a conservative agenda rather than helping students or parents.

“This bill does not give parents any more rights than they already have,” Rep. Mary Gay Scanlon (D-Pa.) said during the floor debate. She added that it does, however, provide a “one-size-fits-all approach across the country, assuming the size that fits is a right-wing straitjacket.”

Others said the bill could pose a threat to LGBT students since it would require schools to notify parents or caregivers if a student wanted to change their pronouns or switch their bathroom and changing room preferences. Rep. Lauren Boebert (R-Colo.) submitted an amendment that would notify parents if a transgender female participated in sports relegated to women and girls.

That amendment passed and was included in the final bill. “I think what we’re seeing here today is the … Republican Party’s attempt to take some of the most heinous legislation that we are seeing passed on the state level to attack our trans and LGBT [individuals’] —as well as people from marginalized communities — right to exist in schools,” said Rep. Alexandria Ocasio-Cortez (D-N.Y.) during the floor debate on the bill.

In defense of the legislation, Letlow argued that it should not be “partisan or polarizing” or seen as an attack on teachers or a move toward greater censorship in schools.

The legislation is not expected to pass the Democratcontrolled Senate, where some liberal lawmakers have branded it the “Politics Over Parents Act.” The Biden administration has also voiced opposition to the bill.

“The administration strongly supports actions that empower parents to engage with their children’s teachers and schools, like enabling parents to take time off to attend school meetings,” the White House Office of Management and Budget said in a statement. “Legislation should not politicize our children’s education. It should deliver the resources that schools and families actually need.” However, the same issues are playing out on the state level.

Several Republican-controlled states — including Texas, Ohio, Georgia and Florida — have considered legislation that would impose similar requirements as H.R. 5. Florida, for example, has a controversial law limiting discussion of LGBT issues in schools and giving parents more power to challenge what books are available to students.

For more background, see the “Pros and Cons of Banning Books” in the April 2023 issue of Congressional Digest.

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