a) School libraries and public libraries, as centers for voluntary inquiry, play a unique role in promoting intellectual freedom, providing equitable access to learning resources, and promoting democracy by providing service to all.

a) POLICY ON CURATION OF LIBRARY MATERIALS IN SCHOOL LIBRARIES

i) To assist boards of education in developing a policy on the curation of library material within a school library, the [DEPARTMENT OF EDUCATION] shall develop a model policy. In developing the model policy, the DEPARTMENT shall consult with the [STATE School Boards Association, STATE Association of School Librarians, Department of Early Childhood, Other Relevant Departments]. The model policy may be updated as the [DEPARTMENT OF EDUCATION] deems necessary. The [DEPARTMENT OF EDUCATION] shall have control over the content of the policy, except that the policy shall, at a minimum:

1) Recognize that school libraries serve as centers for voluntary inquiry and the dissemination of information and ideas, and that school library media specialists are professionally trained to curate and develop school library collections that provide students with access to the widest array of library material available to the library; 

2) Recognize that library material should be provided for the interest, information, and enlightenment of all people, and require that all students be provided access to library material that offer diverse points of view in the collection as a whole; 

3) Promote the free expression and free access to ideas by students by prohibiting the censorship of library material;

4) Require student access to age-, grade-, and development-appropriate library material, including material that is relevant to the research, independent reading interests, and educational needs of students; 

5) Acknowledge that a school library media specialist is professionally trained to curate and develop library collections that provide residents with the widest array of material available to the library, and provides students with the widest array of age- and grade-appropriate library material available to schools; and, 

6) Establish a procedure for a school library media specialist to review library material within a library on an ongoing basis, which shall include, but not be limited to: the library material’s relevance; the condition of the library material; the availability of duplicates; the continued demand for the library material, and, the availability of more recent age- or grade-appropriate material.

ii) All boards of education shall adopt a policy on the curation of library material within its school libraries within one year from enactment.  When developing the policy, the board shall review the model policy established by the [DEPARTMENT OF EDUCATION] pursuant to subsection b) i) of this section. The board shall have control over the content of the policy, except that the policy shall, at minimum,  include the requirements set forth by subsection b) i) 1)-6) of this section. If a board has a policy that complies with the requirements of subsection b of this section as of the effective date of this act, the board shall not be required to take further action.

c) POLICY ON CURATION OF LIBRARY MATERIALS IN PUBLIC LIBRARIES

i) To assist public libraries in developing a policy on the curation of library material within a public library, the [GOVERNING BODY OF STATE PUBLIC LIBRARIES] shall develop a model policy within one year from enactment. The model policy shall be updated as the [GOVERNING BODY OF STATE PUBLIC LIBRARIES] deems necessary. The [GOVERNING BODY OF STATE PUBLIC LIBRARIES] shall have control over the content of the policy, except that the policy shall, at a minimum:

1) Recognize that libraries serve as centers for voluntary inquiry and the dissemination of information and ideas, and that librarians are professionally trained to curate and develop library collections that provide residents with access to the widest array of library material available to the library; 

2) Recognize that library material should be provided for the interest, information, and enlightenment of all people, and require that all residents be provided access to library material that offer diverse points of view in the collection as a whole; 

3) Promote the free expression and free access to ideas by residents by prohibiting the censorship of library material;

4) Acknowledge that a librarian is professionally trained to curate and develop library collections that provide residents with the widest array of material available to the library; and

5) Establish a procedure for a librarian to review library material within a library on an ongoing basis, which shall include, but not be limited to: the library material’s relevance; the condition of the library material; the availability of duplicates; and the continued demand for the library material.

ii) The governing body of a public library shall adopt a policy on the curation of library material within a public library within a year of enactment. Each public library shall have control over the content of the policy, except that the policy shall, at a minimum, include the requirements set forth by subsection c) i) 1)-5) of this section. If a public library has a policy that complies with the requirements of subsection c of this section as of the effective date of this act, the library shall not be required to take further action.

d) SCHOOL LIBRARY BOOK REMOVAL POLICY: A board of education shall adopt a policy establishing a procedure regarding a request for removal of library material within a school library within a year of enactment. The board shall have control over the policy, except the policy at a minimum, shall require:

i)The creation of a request for removal form that may be submitted only by an individual with a vested interest to the principal of the school in which the library material is challenged to initiate a review of the material. An individual with a vested interest shall include any school staff member employed by the board of education, any parent or guardian of a student enrolled in the school district at the time the form is filed, and any student enrolled in the district at the time the form is filed; 

ii) The principal or the principal’s designee to appoint a review committee within 10 business days of receiving a request for removal form, consisting of the following members:

1) the principal or the principal’s designee;

2) the school library media specialist or a teaching staff member similarly trained; 

3) a representative selected by the board of education;

4) at least one grade-appropriate teacher familiar with the library material, provided the teacher selected is not the individual who submitted the form;

5) a parent or guardian of a student enrolled in the school district, provided the parent or guardian selected is not the individual who submitted the form;

6) if the individual who submitted the form is enrolled in grades nine through 12, a student enrolled in the district, provided the student selected is not the individual who submitted the form; and

7) The principal, at their discretion, may choose to include any additional members the principal deems necessary

iii) That a challenged library material remain within the school library and available for a student to reserve, check out, or access until there is a final decision reached by the board of education pursuant to paragraph v) of this subsection;

iv) The review committee shall evaluate the request for removal form, review the challenged library material, and report its recommendations on whether to remove the library material to the board of education within 30 school days from the date of receiving the form.  A copy of the committee’s report shall also be provided to the individual with a vested interest who filed the form and the principal; and

v) The board of education shall review the committee’s report and make a final determination on whether the library material is to be removed from the school library.  The board shall provide and make public a written statement of reasons for:

1) the removal or non-removal of a library material; and

2) any final determination that is contrary to the recommendations of the review committee.

e) PUBLIC LIBRARY BOOK REMOVAL POLICY: The governing body of a public library shall adopt a policy establishing a procedure regarding a request for removal of library material within a public library within a year of enactment. The policy at a minimum, shall require:

i) The creation of a request for removal form that may be submitted only by an individual with a vested interest to the governing body of the public library in which the library material is challenged to initiate a review of the material. An individual with a vested interest shall include any resident who is served by the public library;

ii) The appointment of a review committee by the governing body within 10 business days of receiving a request for removal form, consisting of:

1) at least one member of the governing body;

2) a librarian employed by the public library;

3) a staff member, who is not a librarian, of the public library that is familiar with the library material;

4) a resident serviced by the public library, provided the resident selected is not the individual who submitted the form; and,

5) The governing body of a public library may, at their discretion, include any additional members the governing body deems necessary;

iii) Challenged library material must remain within the public library and available for a resident to reserve, check out, or access until there is a final decision by the review committee;

iv) The review committee shall evaluate the request for removal form, review the challenged library material, and report its recommendations to the governing body on whether to remove the library material within 30 business days from the date of receiving the form.  A copy of the committee’s report shall also be provided to the individual with a vested interest who filed the form; and

v) The governing body shall review the committee’s report and make a final determination on whether the library material is to be removed from the public library.  The board shall provide, and make public,  a written statement of reasons for:

1) the removal or non-removal of a library material; and

2) any final determination that is contrary to the recommendations of the review committee.

f) DEFINITIONS

i) “Censorship” means to block, suppress, or remove material based on disagreement with a viewpoint, idea, or concept, or solely because an individual finds certain content offensive, but does not mean limiting or restricting access to any material deemed developmentally inappropriate for certain age groups.

g) LIBRARY AND TEACHING STAFF PROTECTIONS

i) A school library media specialist, any other teaching staff member, or a librarian in a public library that engages in activities as required by this chapter shall be immune from criminal and civil liability arising from good faith actions performed pursuant to the provisions of those sections.

ii) A school library media specialist, any other teaching staff member, or a librarian in a public library that engages in activities as required by this chapter shall have a civil cause of action for emotional distress, defamation, libel, slander, damage to reputation, or any other relevant tort, against any person who harasses the school library media specialist, any other teaching staff member, or a librarian in a public library for complying with the provisions of those sections.

iii) If the school library media specialist,  any other teaching staff member, or a librarian in a public library,  that engages in activities as required by this chapter is the prevailing party in the civil cause of action, the school library media specialist, teaching staff member, or a librarian in a public library shall be entitled to an award of any reasonable attorney’s fees and costs of suit incurred, and any injunctive relief as the court may deem necessary to avoid the defendant’s continued violation.

h) EVIDENCE-BASED LITERARY SUPPORTS

i) There is created the STATE Evidence-Based Literacy Support Program to provide grants to libraries and local education providers to implement cost-effective, evidence-based literacy support programs to support literacy gains in pre-k through grade 8 within the [DEPARTMENT OF EDUCATION]. THE DEPARTMENT is authorized to promulgate regulations for such program, including that:

1) A library, local education provider, or group of providers may apply for a grant, and once awarded a grant, shall use the grant money to implement an evidence-based literacy support program that is substantially consistent with the library or local education provider’s program plan submitted to the DEPARTMENT. To receive a grant under this program, a program plan must, at a minimum, use evidence-based or scientifically based instructional programming in reading that:

a) Has been proven to accelerate student progress in attaining reading competency;

b) Provides explicit and systematic skill development in the areas of phonemic awareness; phonics; vocabulary development; reading fluency, including oral skills; and reading comprehension;

c) Includes evidence-based or scientifically-based and reliable assessments; and

d) Provides initial and ongoing analysis of the student’s progress in attaining reading competency.

2) DEPARTMENT shall determine allowable uses for grant money, which uses may include but need not be limited to: hiring or contracting for tutors or providing stipends or other incentives to teachers, paraprofessionals, librarians, library media specialists, retired teachers, AmeriCorps members, and community organizations to ensure program capacity; developing curriculum and related supplies; providing professional development learning modules for teachers, librarians, and library media specialists; covering costs associated with renting or purchasing physical space for evidence-based literacy support programs; and covering administrative expenses. A library or local education provider may make a request to the DEPARTMENT to use grant money for purposes other than those specified by the DEPARTMENT if the proposed use of the grant money increases the effectiveness of the evidence-based literacy support program.

ii) REPORTING REQUIREMENTS: On or before reporting deadlines established by the DEPARTMENT, in each year in which a library or local education provider or group of providers receives a grant pursuant to the program, the provider or providers shall submit a report to the DEPARTMENT that includes the information required by the DEPARTMENT. At a minimum, the report must include the following information:

1) The number of students who are participated in the evidence-based literacy support program and non-identifying information, including demographic information, relating to those students;

2) Any adjustments made to the library or local education provider’s program plan and the reason adjustments were made;

3) How the library or local education provider maintained consistent access for participating students to core and non-core-academic instruction;

4) How program grants were used by the library or local education provider and a summary of other resources used, if any, to provide evidence-based literacy support beyond the resources provided through the program;

5) The academic achievement results or other criteria used to place students in the evidence-based literacy support program;

6) The impact or student outcomes associated with the library or local education provider’s evidence-based literacy support program; and

7) Whether the library or local education provider’s evidence-based literacy support program will continue in the following fiscal year and, if not, the reason the program will not continue

iii) Within two years of enactment of this section, and every two years thereafter, the DEPARTMENT shall  submit a report to the Governor and Legislature that report on progress made under the grant program and assessment of additional ways STATE can expand access to evidence-based literacy supports.

iv) The report shall:

1) Highlight high-performing programs, including those that have improved literacy using evidence-based literacy supports;

2) Provide descriptions and analysis of practices that contributed to the improvements described in (a) above;

3) Detail plans for expansion of existing evidence-based literacy supports, alongside proposed applications for federal, state, local, and foundation grant funding; and

4) Highlight any other programs the Department identifies that would result in an efficient expansion of evidence-based literacy supports. The plan shall target expansion of programs by at least 20% per year.

i) Definitions: “evidence-based literacy supports” as defined in this section means reading, writing, and spelling instruction that is supported by high-quality research that meets rigorous standards and is proven to translate effectively to classroom practices.