Raise the Age Act of 2025

— 329 — Department of Education CHART 3 Long-Term Trends for Nine– and 13–Year-Olds READING, AVERAGE SCORES 300 280 13–YEAR-OLDS 260 263 260 240 NINE–YEAR-OLDS 220 221 220 200 1971 1975 1980 1984 ’88 ’90 ’92 ’94 ’96 1999 2004 2008 2012 2020 MATH, AVERAGE SCORES 300 13–YEAR-OLDS 280 285 280 260 NINE–YEAR-OLDS 240 244 241 220 200 1978 1982 1986 ’90 ’92 ’94 ’96 1999 2004 2008 2012 2020 SOURCE: The Nation’s Report Card, “NAEP Data Explorer,” https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx? n=PET&s=WCSSTUS1&f=W (accessed March 17, 2023). A heritage.org — 330 — Mandate for Leadership: The Conservative Promise with the advice and consent of the Senate; (2) funded with annual appropriations from Congress; and (3) operated by professional managers. Federal loans would be assigned directly to the Treasury Department, which would manage collections and defaults. The new federal student loan authority would manage the loan port- folio, handle borrower relations, administer loan applications and disbursements, monitor institutional participation and accountability issues, and issue regulations. Office for Civil Rights (OCR) l OCR should move to the Department of Justice. The federal government has an essential responsibility to enforce civil rights protections, but Washington should do so through the Department of Justice and federal courts. The OCR at DOJ should be able to enforce only through litigation. Additional Bureaus and Offices For those attorneys, accountants, experts, and specialists in the department's remaining offices subject to closure whose positions might nevertheless be a key component of serving the mission—positions that might include the Office of the Secretary/Deputy Secretary, Office of the Undersecretary, Office of the General Counsel, Office of the Inspector General, Office of Finance and Operations, Office of the Chief Information Officer, Office of Communications and Outreach, and Office of Legislative and Congressional Affairs—the opportunity to join other agencies based on their expertise and the needs of other agencies should be made available. For example, OGC higher education lawyers would join the newly independent Federal Student Aid Office or the Department of Labor, and OGC civil rights attor- neys would join DOJ. These positions must first be determined to serve a continued mission need prior to being transferred. l Attorneys, accountants, experts, and specialists in the department’s remaining offices subject to closure, and whose positions are indispensable to serving the mission, should have the opportunity to join other agencies. Current Laws Relating to the Department of Education That Require Repeal In order to fully wind down the Department of Education, Congress must pass and the President must sign into law a Department of Education Reorganization Act (or Liquidating Authority Act) to direct the executive branch on how to devolve the agency as a stand-alone Cabinet-level department. l Congress should pass and the next President should sign a Department of Education Reorganization Act.

— 345 — Department of Education financial assistance. Investigations can take months if not years. The department has never suspended or terminated the funding for an educational institution or agency for violating FERPA or PPRA. In essence, Congress has granted parents and students important statutory rights without an effective remedy to assert those rights. l The next Administration should work with Congress to amend FERPA and PPRA to provide parents and students over the age of 18 years with a private right of action to seek injunctive and declaratory relief, together with attorneys’ fees and costs if a prevailing party, against educational institutions and agencies that violate rights enshrined in these statutes. This will empower parents and students, level the playing field between families and education bureaucracies, and encourage institutional compliance with these statutory requirements. Protect Parental Rights in Policy In addition to strengthening legal protections for parents, the next Adminis- tration should: l Prioritize legislation advancing such rights. Promising ideas have appeared in bills introduced in the 117th Congress such as H.R.8767, the Empowering Parents Act,15 sponsored by Representative Bob Good (R-VA); H.R. 6056, the Parents’ Bill of Rights Act,16 sponsored by Representative Julia Letlow (R-LA); and H.J.Res. 99,17 proposing an amendment to the Constitution relating to parental rights, sponsored by Representative Debbie Lesko (R-AZ). l These congressional actions should be carefully reviewed to make sure they complement state Parents' Bills of Rights, such as those passed in Georgia (2022), Florida (2021), Montana (2021), Wyoming (2017), Idaho (2015), Oklahoma (2014), Virginia (2013), and Arizona (2010). As documented by writers such as Abigail Shrier and others, the American Society of Plastic Surgeons documented a four-fold increase in the number of biological girls seeking gender surgery between 2016 and 2017. Larger increases were found in the U.K. from 2009 to 2019 and 2017 to 2018. These statistics and others point to a social contagion in which minor children, especially girls, are attempting to make life-altering decisions using puberty blockers and other hor- mone treatments and even surgeries to remove or alter vital body parts. Heritage Foundation research finds that providing easier access to such treatments and — 346 — Mandate for Leadership: The Conservative Promise surgeries without parental involvement does not reduce the suicidality of these young people and may even increase suicide rates. l The next Administration should take particular note of how radical gender ideology is having a devastating effect on school-aged children today—especially young girls. School officials in some states are requiring teachers and other school employ- ees to accept a minor child’s decision to assume a different “gender” while at school—without notifying parents. In California, New Jersey, and certain districts in Kansas and elsewhere, educators are prohibited from informing parents about children’s confusion over their sex if the children do not want their parents to know. Such policies allow schools to drive a wedge between parents and children. The next Administration should work with Congress to provide an example to state lawmakers by requiring K–12 districts under federal jurisdiction, including Wash- ington, D.C., public schools, Bureau of Indian Education schools, and Department of Defense schools, with legislation stating that: l No public education employee or contractor shall use a name to address a student other than the name listed on a student’s birth certificate, without the written permission of a student’s parents or guardians. l No public education employee or contractor shall use a pronoun in addressing a student that is different from that student’s biological sex without the written permission of a student’s parents or guardians. l No public institution may require an education employee or contractor to use a pronoun that does not match a person’s biological sex if contrary to the employee’s or contractor’s religious or moral convictions. State lawmakers should use this model and adopt similar provisions for public schools within their borders. Federal lawmakers should not allow public school employees to keep secrets about a child from that child’s parents. Advance School Choice Policies The D.C. Opportunity Scholarship Program, a voucher program providing scholarships to children from low-income families living in the nation’s capital to attend a private school of choice, is capped at $20 million annually and limited to

— 344 — Mandate for Leadership: The Conservative Promise pronouns). The federal government could demand that schools include curriculum or lessons regarding critical race or gender theory in a way that violates parental rights, especially if it requires minors to disclose information about their religious beliefs, or beliefs about race or gender in violation of the Protection of Pupil Rights Amendment (20 USC Sec. 1232h). To remedy the lack of clear and robust protection for parental rights, the next Administration should: l Work to pass a federal Parents’ Bill of Rights that restores parental rights to a “top-tier” right. Such legislation would give families a fair hearing in court when the federal government enforces any policy against parents in a way that undermines their right and responsibility to raise, educate, and care for their children. The law would require the government to satisfy “strict scrutiny”—the highest standard of judicial review—when the government infringes parental rights. l Further ensure that any regulations that could impact parental rights contain similar protections and require federal agencies to demonstrate that their action meets strict scrutiny before a final rule is promulgated. At the same time, Congress should also consider equipping parents with a private right of action. Two federal laws provide certain privacy protections for students attending educational institutions or programs funded by the department. The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records and allows parents and students over the age of 18 to inspect and review the student’s education records maintained by the school and to request corrections to those records. FERPA also authorizes a number of excep- tions to this records privacy protection that allow schools to disclose the student’s education records without the consent or knowledge of the parent or student. The Protection of Pupil Rights Amendment (PPRA) requires schools to obtain paren- tal consent before asking questions, including surveys, about political affiliations or beliefs; mental or psychological issues; sexual behaviors or attitudes; critical appraisals of family members; illegal or self-incriminating behavior; religious prac- tices or beliefs; privileged relationships, as with doctors and clergy; and family income, unless for program eligibility. The difficulty for parents is that FERPA and PPRA do not authorize a private right of action. If a school refuses to comply with either statute, the only remedy is for the parent or student (if over the age of 18) to file an administrative complaint with the U.S. Department of Education, which must then work with the school to obtain compliance before taking any action to suspend or terminate federal — 345 — Department of Education financial assistance. Investigations can take months if not years. The department has never suspended or terminated the funding for an educational institution or agency for violating FERPA or PPRA. In essence, Congress has granted parents and students important statutory rights without an effective remedy to assert those rights. l The next Administration should work with Congress to amend FERPA and PPRA to provide parents and students over the age of 18 years with a private right of action to seek injunctive and declaratory relief, together with attorneys’ fees and costs if a prevailing party, against educational institutions and agencies that violate rights enshrined in these statutes. This will empower parents and students, level the playing field between families and education bureaucracies, and encourage institutional compliance with these statutory requirements. Protect Parental Rights in Policy In addition to strengthening legal protections for parents, the next Adminis- tration should: l Prioritize legislation advancing such rights. Promising ideas have appeared in bills introduced in the 117th Congress such as H.R.8767, the Empowering Parents Act,15 sponsored by Representative Bob Good (R-VA); H.R. 6056, the Parents’ Bill of Rights Act,16 sponsored by Representative Julia Letlow (R-LA); and H.J.Res. 99,17 proposing an amendment to the Constitution relating to parental rights, sponsored by Representative Debbie Lesko (R-AZ). l These congressional actions should be carefully reviewed to make sure they complement state Parents' Bills of Rights, such as those passed in Georgia (2022), Florida (2021), Montana (2021), Wyoming (2017), Idaho (2015), Oklahoma (2014), Virginia (2013), and Arizona (2010). As documented by writers such as Abigail Shrier and others, the American Society of Plastic Surgeons documented a four-fold increase in the number of biological girls seeking gender surgery between 2016 and 2017. Larger increases were found in the U.K. from 2009 to 2019 and 2017 to 2018. These statistics and others point to a social contagion in which minor children, especially girls, are attempting to make life-altering decisions using puberty blockers and other hor- mone treatments and even surgeries to remove or alter vital body parts. Heritage Foundation research finds that providing easier access to such treatments and