in this section shall be construed to restrict the speech of a student, teacher, or any other individual outside of a school setting. (2) Access to materials for the purpose of research or independent study Nothing in this section shall be construed to prevent an individual from accessing materials that advocate theories described in subsection (c) for the purpose of research or independent study. (3) Contextual education Nothing in this section shall be construed to prevent a covered school from stating theories described in subsection (c) or assigning materials that advocate such theories for educational purposes in contexts that make it clear the school does not sponsor, approve, or endorse such theories or materials. (e) Definitions In this section: (1) Covered school The term covered school means an elementary school, a secondary school, or an institution of higher education. (2) ESEA Terms The terms elementary school , local educational agency , secondary school , and State have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Institution of higher education The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) Promote The term promote , when used with respect to a race-based theory described in subsection (c), means— (A) to include such theories or materials that advocate such theories in curricula, reading lists, seminars, workshops, trainings, or other educational or professional settings in a manner that could reasonably give rise to the appearance of official sponsorship, approval, or endorsement