February 15, 2024
School Law Update, Part 2

New Proposed Federal Legislation

School Law Update 2023 Education Lawyer Kirk Strang

This past July, Kirk Strang presented his School Law Update at the WASDA Summer Legal Seminar.

If you were unable to attend the presentation, or are looking for a refresher on the content, you’ve come to the right place. We’ve been rolling out the information Kirk presented here on our blog, covering all six of the following topics …

  1. New Wisconsin Laws Enacted & Proposed
  2. New Federal Laws Proposed
  3. Developments in Federal Constitutional Law
  4. Open Meetings & Public Records Laws
  5. Wisconsin Decisions
  6. Artificial Intelligence (AI) in Schools

In Part 1 we covered new Wisconsin laws enacted & proposed. Part 2 dives into new federal laws proposed.

Let’s get started …

PROPOSED FEDERAL LEGISLATION

  1. H.R. 3872. 
    This proposed bill would require the Secretary of Education, in conjunction with the National Academies of Sciences, Engineering, and Medicine, to conduct a study on the mental health effects resulting from a lockdown drill or active shooter drill in elementary and secondary schools.
  2. H.R. 3521. 
    This proposed bill would require the Secretary of Education to develop and disseminate an evidence-based curriculum for kindergarten through grade 12 on the dangers of vaping and misusing opioids, synthetic drugs, and related substances.
  3. H.R. 2425. 
    This proposed bill would require the Secretary of Education to institute a grant program, which would provide grants to states to carry out full-day kindergarten programs. States that receive these grants must distribute no less than 98 percent of the allotment to local educational agencies.
  4. H.R. 1741. 
    This proposed bill would reduce the frequency of standardized testing in mathematics, reading or language arts, and science. Standardized testing would be administered not more than once annually in grades 3 through 8 and at least once in grades 9 through 12.
  5. H.R. 1585. 
    This proposed bill would require a state to implement a policy that prohibits a school employee from conducting gender transition interventions. These interventions include undertaking the following actions without the consent of a custodial parent or legal guardian:
    • Using pronouns inconsistent with a minor student’s biological sex for the purpose of recognizing or promoting a transgender identity.
    • Providing, promoting, referring to, or assisting in the use of devices that promote changes in a minor student’s appearance to align with the opposite biological sex.
    • Carrying out any other action to assist a minor student in adopting a transgender identity.

      This bill would apply to any state receiving federal funds pursuant to title II of the Elementary and Secondary Education Act of 1965.
  6. H.R. 1415. 
    This proposed bill would instruct the Secretary of Education to award grants to high-need local educational agencies to assist schools in retaining school social workers already employed, and to hire additional school social workers.
  7. H.R. 736. 
    This proposed bill would require elementary and middle schools receiving federal funds to obtain parental consent before:
    • Changing a minor child's gender markers, pronouns, or preferred name on any school form; or
    • Allowing a child to change the child's sex-based accommodations, including locker rooms or bathrooms.
  8. H.R. 766. 
    This proposed bill would require states receiving federal assistance to ensure that teachers are paid a minimum annual salary of $60,000 for the fiscal years 2024 through 2028.

In Part 3 of our series, we’ll shift our school law update to Developments in Federal Constitutional Law.