118 S5261 IS: Fight Book Bans Act U.S. Senate 2024-09-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 5261IN THE SENATE OF THE UNITED STATESSeptember 25, 2024Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo authorize the Secretary of Education to provide grants to local educational agencies to cover the costs of challenges to determinations not to discontinue the use of specific instructional materials, or the availability of specific school library materials, in public elementary and secondary schools, and for other purposes.

1.

Short title

This Act may be cited as the Fight Book Bans Act.

2.

Grants to reimburse certain costs of challenges to continued use of instructional and library materials

(a)

Definitions

For purposes of this section:(1)

ESEA terms

The terms elementary school, parent, secondary school, and Secretary have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2)

Applicable program

The term applicable program means any program for which the Secretary has administrative responsibility as provided by law or by delegation of authority pursuant to law.(3)

Covered local educational agency

The term covered local educational agency means a local educational agency that has the duty and responsibility under law—(A)to select and provide instructional materials and school library materials for students attending public elementary schools or public secondary schools under the jurisdiction of the agency;(B)to provide, or participate in, a process—(i)to provide for resolution of an objection by a parent or other person to—(I)the use of a specific instructional material; or(II)the availability of a specific school library material; and(ii)to discontinue the use of the instructional material, or the availability of the school library material, for any grade level or age group if the local educational agency determines that the material is inappropriate or unsuitable; and(C)to provide, or participate in, a process (including any administrative proceeding or court case) under which a parent or other person who disagrees with a determination made by the covered local educational agency pursuant to subparagraph (B)(ii) to discontinue or not to discontinue the use of an instructional material, or the availability of a school library material, may appeal, or otherwise request reconsideration of, the determination.(4)

Instructional material

The term instructional material means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the internet). The term does not include academic tests or academic assessments.(5)

Local educational agency

The term local educational agency means a public elementary school, public secondary school, local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), or local board of education, that is the recipient of funds under an applicable program.(6)

School library material

The term school library material means any material available to a student via the student’s school library, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the internet).(7)

Student

The term student means any public elementary school or public secondary school student.(b)

Grants

(1)

In general

The Secretary is authorized to make grants to covered local educational agencies to reimburse such agencies for the costs (including costs such as attorneys’ fees and court costs) incurred in connection with a process described in subsection (a)(2)(C), if—(A)such costs are not reimbursed by the State or any other person; and(B)such process was initiated due to a determination by the covered local educational agency not to discontinue the use of an instructional material or the availability of a school library material.(2)

Application

A covered local educational agency desiring to receive an award under paragraph (1) shall submit an application to the Secretary at such time and in such manner as the Secretary shall require.(3)

Maximum amount

The maximum amount that a covered local educational agency is eligible to receive under this subsection is $100,000 for each determination described in paragraph (1)(B).(4)

Award process

In awarding grants under this subsection, the Secretary shall ensure that the award process is based on content-neutral and viewpoint-neutral criteria and does not take into account the content of the instructional material or school library material concerned.(c)

Authorization of appropriations

To carry out this section, there are authorized to be appropriated a total of $15,000,000 for fiscal years 2025 through 2029.