New legislation in Congress to prioritize parents鈥� rights to know what books their children are reading in school and the identity of guest presenters in classrooms underscores how such culturally divisive issues could stay in the political spotlight as conservative politicians champion what they see as a winning issue in 2022.
Sen. Josh Hawley, R-Mo., said his 鈥淧arents鈥� Bill of Rights Act"鈥攊ntroduced Tuesday, according to his office鈥攚ould prohibit nondisclosure agreements concerning curriculum; let parents make copies of classroom material; require schools to have parents opt their children into field trips, assemblies, and other extracurricular activities; and in general require more transparency from school boards and educators concerning things like student records and safety.
His legislation would also institute cuts in federal funding for districts that repeatedly flout such requirements, and would allow parents to sue and get injunctive relief.
As a practical matter, school board meetings and financial contracts between districts and external groups are already generally subject to laws governing open meetings and public records. Other provisions of Hawley鈥檚 bill鈥攍ike a requirement to have parents opt their students into activities outside classrooms, and parents鈥� power to review curriculum materials and activities at a detailed level鈥攃ould in theory create major headaches for schools. And it鈥檚 unclear how federal funding cuts like the kind Hawley proposes would work in practice.
Hawley鈥檚 bill is unlikely to get much traction in Congress. But as a political matter, his legislation highlights and underscores intensifying disagreements and ill-feeling about what schools are teaching, and to what extent the concept of parental rights represent a new national movement or an attempt to undermine public schools.
Supporters say people are rightfully objecting to opaque and damaging policies from often-unaccountable teachers and school officials. Critics charge that such efforts, cheered on and aided by cynical politicians, are really meant to intimidate educators and also hurt students鈥� learning opportunities in the process.
Fights over critical race theory are some of the most prominent disagreements over what schools teach, although disputes about objectionable sexual content in books have also started making national headlines recently.
Following the Nov. 2 victory of Republican Glenn Youngkin in the Virginia governor鈥檚 race that featured extensive rhetoric about parents鈥� rights and controversial policies in local districts, Republicans have pledged to put education issues鈥攕pecifically, what parents can rightfully demand from schools鈥�front and center as the 2022 midterm elections. House Minority Leader Kevin McCarthy, R-Calif., said immediately after Youngkin鈥檚 win that his party would introduce a 鈥減arents鈥� bill of rights鈥� in Congress in the near future.
On Wednesday, House Republicans introduced .
Among other broad provisions, it would affirm parents鈥� First Amendment right to express opinions about education issues, require schools to provide parents a list of books available to students in their libraries, and establish the right for parents to meet with each teacher their child has at least twice a year. It also specifies that parents would have the right to review curriculum and instructional materials, and be notified of 鈥渧iolent activity鈥� at their child鈥檚 school.
鈥淲e are proud that we have an opportunity to stand with families and demonstrate through our policies and actions that the Republican Party is the Party of Parents and Education,鈥� lawmakers behind the legislation . Rep. Virginia Foxx, R-N.C., the ranking member of the House education committee, along with McCarthy and other GOP lawmakers, introduced the House bill.
Taking a 鈥榖ack seat to radical politics鈥�
Hawley had a stark assessment of public schools and education officials in a statement about his new bill that reflects recent rhetoric, particularly from conservative leaders.
鈥淓ducation has taken a back seat to radical politics in many schools and parents are taking notice,鈥� he said, citing critical race theory as well as a push from a national school boards group for the Biden administration to intervene and protect educators from threats and violence. 鈥淚t鈥檚 time to give control back to parents, not woke bureaucrats, and empower them to start a new era of openness in education.鈥�
In early October, the Biden administration鈥檚 decision to use the FBI and other measures to protect school board members against threats and illegal activities, saying that it amounted to attack on parents merely speaking out about their schools.
Recent polling has indicated that the public鈥檚 trust in Democrats and Republicans to handle education , which would represent a decline for Democrats who are already concerned about holding onto their congressional majorities in 2022, and Democratic governors seeking reelection next year.
Florida Gov. Ron DeSantis signed into law earlier this year, and it鈥檚 possible Hawley鈥檚 bill is at least partially inspired by that and other laws. Florida鈥檚 law states that parents鈥� fundamental rights to make decisions about their children鈥檚 health care, education, and other matters can鈥檛 be infringed by the state or public schools. But opponents of the law said that it could end up outing gay and transgender students in their schools against their will.
Like Hawley鈥檚 bill, the Florida law requires schools to obtain permission from parents before collecting a student鈥檚 鈥渂iometric data.鈥�
DeSantis has put parents鈥� power to make individual decisions about their children at the center of his ongoing battle to prevent Florida districts from adopting universal, no-exceptions mask mandates during the COVID-19 pandemic.
Such laws, along with Hawley鈥檚 bill, could inspire new interest among state lawmakers interested in addressing and capitalizing on such issues.
New burdens for schools, but for parents, too?
Hawley鈥檚 office provided a summary of the Parents鈥� Bill of Rights, but did not make the full bill text available in response to a request Tuesday from Education Week.
Hawley鈥檚 bill includes parents鈥� 鈥渞ight to know what their minor child is being taught in school, including, but not limited to, curricula, books, and other instructional materials.鈥�
鈥淪chool and school districts shall be prohibited from requiring nondisclosure agreements or similar forms for parental review of curricula, and shall instead allow parents to make copies of curriculum documents,鈥� the summary states.
It also says parents would have 鈥渢he right to information on who is teaching their minor child, including guest lecturers and outside presenters.鈥� And it would require schools to promptly notify parents 鈥渙f all reported incidents pertaining to student safety, including all crimes or misdemeanors committed by teachers or other school employees.
Alhough there are significant parts of Hawley鈥檚 bill that appear to be already covered by existing law, some sections could pose new complications for schools.
For example, its language conferring on parents the 鈥渞ight to visit the school and check in on their minor child during school hours鈥� (according to the summary) would create potential issues for schools鈥� security policies, as well as complications for any COVID-19 rules they might have in effect, said Julia Martin, the legislative director for Brustein and Manasevit, an education-focused law firm.
Martin said that while supporters of Hawley鈥檚 legislation might dismiss concerns about any administrative burden it would theoretically put on schools, the burdens would likely extend to parents as well. For instance, parents might end up signing a boatload of permission slips for students to attend things like pep rallies, and students might easily miss out on enriching activities and programs.
Such things can suck away important time and money, Martin said. 鈥淭here鈥檚 a lot of practical headaches for everybody,鈥� she added.
Hawley鈥檚 bill joins several moves by Republicans in Congress to highlight cultural and political divisions involving parents and schools.
An Oct. 21 House resolution from Rep. Pete Stauber, R-Minn., stated that 鈥渢hat the First Amendment rights of parents at school board meetings shall not be infringed鈥� and the Biden Justice Department鈥檚 moves to protect school officials from illegal threats. Rep. Darrell Issa, R-Calif., introduced in October.
A bill from Sen. Tom Cotton, R-Ark., introduced last month would that receive federal funds 鈥渢o obtain parental consent before facilitating a child鈥檚 gender transition in any form, and for other purposes.鈥� Disputes in local districts about and have made headlines recently, and reflect ongoing partisan divisions in Washington over the U.S. Department of Education鈥檚 approach to transgender students.
