[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5261 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5261
To 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fight Book Bans Act''.
SEC. 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.
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