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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5261 Introduced in Senate (IS)]

<DOC>

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.
                                 <all>
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