H.R. 106 — Introduced in House

I 114th CONGRESS 1st Session H. R. 106 IN THE HOUSE OF REPRESENTATIVES January 6, 2015 Mr. Culberson introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to restore State sovereignty over public education and parental rights over the education of their children. 1. Short title This Act may be cited as the Restoration of Parental Rights and State Sovereignty Act of 2015. 2. Restoration of State sovereignty over public education and parental rights over the education of their children Part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881 et seq.) is amended by adding at the end the following: 3 Restoration of State sovereignty over public education and parental rights over the education of their children 9541. States to retain rights and authorities they do not expressly waive (a) Retention of rights and authorities No officer, employee, or other authority of the Secretary shall enforce against an authority of a State, nor shall any authority of a State have any obligation to obey, any requirement imposed as a condition of receiving assistance under a grant program established under this Act, nor shall such program operate within a State, unless the legislature of that State shall have by law expressly approved that program and, in doing so, have waived the State’s rights and authorities to act inconsistently with any requirement that might be imposed by the Secretary as a condition of receiving that assistance. (b) Amendment of terms of receipt of Federal financial assistance An officer, employee, or other authority of the Secretary may release assistance under a grant program established under this Act to a State only after the legislature of the State has by law expressly approved the program (as described in subsection (a)). This approval may be accomplished by a vote to affirm a State budget that includes the use of such Federal funds and any such State budget must expressly include any requirement imposed as a condition of receiving assistance under a grant program established under this Act so that by approving the budget, the State legislature is expressly approving the grant program and, in doing so, waiving the State’s rights and authorities to act inconsistently with any requirement that might be imposed by the Secretary as a condition of receiving that assistance. (c) Special rule for States with biennial legislatures In the case of a State with a biennial legislature— (1) during a year in which the State legislature does not meet, subsections (a) and (b) shall not apply; and (2) during a year in which the State legislature meets, subsections (a) and (b) shall apply, and, with respect to any grant program established under this Act during the most recent year in which the State legislature did not meet, the State may by law expressly disapprove the grant program, and, if such disapproval occurs, an officer, employee, or other authority of the Secretary may not release any additional assistance to the State under that grant program. (d) Definition of state authority As used in this section, the term authority of a State includes any administering agency of the State, any officer or employee of the State, and any local government authority of the State. (e) Effective date This section applies in each State beginning on the 90th day after the end of the first regular session of the legislature of that State that begins 5 years after the date of the enactment of the Restoration of Parental Rights and State Sovereignty Act of 2015 and shall continue to apply in subsequent years until otherwise provided by law. 9542. Dedication of savings to deficit reduction Notwithstanding any formula reallocations stipulated under this Act, any funds under this Act not allocated to a State because a State did not affirmatively agree to the receipt of such funds shall not be reallocated among the States. 9543. Definition of State with biennial legislature In this Act, the term State with a biennial legislature means a State the legislature of which meets every other year. 9544. Intent of Congress It is the intent of Congress that other than the terms and conditions expressly approved by State law under the terms of this subpart, control over public education and parental rights to control the education of their children are vested exclusively within the autonomous zone of independent authority reserved to the States and individual Americans by the United States Constitution, other than the Federal Government’s undiminishable obligation to enforce minimum Federal standards of equal protection and due process. . 3. Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to subpart 2 of part E of title IX the following: Subpart 3—Restoration of State Sovereignty over Public Education and Parental Rights over the Education of their Children 9541. States to retain rights and authorities they do not expressly waive. 9542. Dedication of savings to deficit reduction. 9543. Definition of State with biennial legislature. 9544. Intent of Congress. .