Protecting constitutional rights in school libraries

Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: 8549D. Protecting constitutional rights in school libraries The Secretary shall require an assurance from each State educational agency and local educational agency receiving funds under this Act that such agency— (1) will protect the First Amendment rights of students in school libraries and will affirmatively further the right to receive information by— (A) providing access to a variety of reading materials; (B) recognizing that public schools prepare individuals for participation as citizens; (C) recognizing that school boards have important and discretionary functions; (D) acknowledging that among a school board’s functions is a role to play in determining the holdings of a school library; (E) understanding the importance of First Amendment protections in school libraries as centers for voluntary inquiry and the dissemination of information and ideas; (F) understanding that school boards must exercise their discretionary authority in a manner that comports with First Amendment protections and imperatives; and (G) understanding that the exercise of a school board’s role in determining the holdings of a school library may not be done in a manner that is partisan, political, or otherwise aimed at prescribing particular schools of thought or opinion; and (2) will provide equal protection in the conduct of school libraries in compliance with the requirements of the Fourteenth Amendment and nondiscrimination laws..