HB4056 - Relating to school district policies regarding the selection, removal, and replacement of library materials.

  89R5970 PRL-D     By: Schatzline H.B. No. 4056       A BILL TO BE ENTITLED   AN ACT   relating to school district policies regarding the selection,   removal, and replacement of library materials.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 33, Education Code, is   amended by adding Section 33.020 to read as follows:           Sec. 33.020.  DEFINITIONS. In this subchapter:                 (1)     "Harmful material" has the meaning assigned by   Section 43.24, Penal Code.                 (2)     "Library material" means any electronic, print, or   nonprint resource, excluding a textbook, for independent use by a   student or faculty member outside of a school district's core   educational program.          SECTION 2.  Section 33.021(d), Education Code, is amended to   read as follows:          (d)  The standards adopted under Subsection (c) must:                (1)  be reviewed and updated at least once every five   years; and                (2)  include a collection development policy that:                      (A)  prohibits the possession, acquisition, and   purchase of:                            (i)  harmful material[ , as defined by   Section 43.24, Penal Code ];                            (ii)  library material rated sexually   explicit material by the selling library material vendor; or                            (iii)  library material that is pervasively   vulgar or educationally unsuitable as referenced in Board of   Education v.  Pico [ v. Board of Education ], 457 U.S. 853 (1982);                      (B)  recognizes that obscene content is not   protected by the First Amendment to the United States Constitution;                      (C)  is required for all library materials   available for use or display, including material contained in   school libraries, classroom libraries, and online catalogs;                      (D)  recognizes that parents are the primary   decision makers regarding a student's access to library material;                      (E)  encourages schools to provide library   catalog transparency;                      (F)  recommends schools communicate effectively   with parents regarding collection development; [ and ]                      (G)  prohibits the removal of material based   solely on the:                            (i)  ideas contained in the material; or                            (ii)  personal background of:                                  (a)  the author of the material; or                                  (b)  characters in the material ; and                       (H)     demonstrates a commitment to compliance with   the Children's Internet Protection Act (Pub. L. No.   106-554),   including through the use of technology protection measures, as   defined by that Act .          SECTION 3.  Subchapter B, Chapter 33, Education Code, is   amended by adding Sections 33.023, 33.024, 33.025, and 33.026 to   read as follows:           Sec.   33.023.     SELECTION CRITERIA. (a) A district-level   library supervisor or designated administrator shall work   cooperatively with the school district's library staff, faculty,   and administration to interpret and guide the district's   application of the standards adopted under Section 33.021(c) in   selecting a library material.           (b)     To ensure parental engagement, a school district shall   make the selection process of a library material readily available   for parental review by:                 (1)     posting a list of each library material on the   district's Internet website; and                 (2)     making the content of each library material   available for direct review during reasonable hours specified for   that purpose.           (c)  A library material selected by a school district must:                 (1)     support and enrich the curriculum or students'   personal interests and learning;                 (2)  meet high standards in:                       (A)  literary, artistic, and aesthetic quality;                       (B)  technical aspects; and                       (C)  physical format;                 (3)     be appropriate for the subject area and for the   age, intellectual development, and ability level of the students   for whom the material is selected;                 (4)     for a nonfiction resource, incorporate accurate   and authentic factual content from authoritative sources;                 (5)     earn favorable reviews in standard reviewing   sources or favorable recommendations based on preview and   examination of materials by professionals; and                 (6)  balance cost with need.           (d)     In addition to the criteria described in Subsection (c),   a school district must determine that fiction, narrative   nonfiction, and graphic novels:                 (1)     are integral to the district's instructional   program;                 (2)     reflect the interests and needs of students and   faculty;                 (3)     are appropriate for the reading levels and   understanding of students;                 (4)     should be included because of their literary or   artistic value and merit; and                 (5)     if narrative nonfiction, present information with   the greatest degree of accuracy and clarity.           (e)     A district-level library supervisor or designated   administrator must read, review, and recommend for inclusion in the   school district's collection any library material before that   material may be selected for inclusion in the district's   collection. If the district requires more support or resources for   a review of a library material under this subsection, the   district's board of trustees may approve the engagement of a   cooperative of other school districts in this state and rely on the   cooperative's recommendations.           Sec.   33.024.     CHALLENGE PROCEDURES. (a) Subject to   Subsection (k), a parent of a student enrolled in a school district   or any person who resides within the district may challenge a   library material used in the district's educational program on the   basis of appropriateness.           (b)     A school district receiving a complaint regarding the   appropriateness of a library material shall attempt to resolve the   matter informally through a telephone conference or meeting between   the complainant and the school librarian, designated   administrator, or district-level library supervisor. The   conference may include other staff members whom district-level   library personnel consider necessary.           (c)     If a complainant wishes to request that the school   district reconsider the selection of a library material by the   district, the district-level library supervisor or appropriate   administrator shall provide the complainant with an appropriate   form. The complainant shall:                 (1)     include all applicable concerns regarding the   library material on the form; and                 (2)     submit the completed and signed form to a   district-level library supervisor or designated administrator.           (d)     Not later than the 10th business day after the date of   receipt of a form requesting reconsideration submitted under   Subsection (c), a district-level library supervisor or designated   administrator shall appoint a reconsideration committee to review   whether the challenged library material conforms to the standards   adopted under Section 33.021(c).           (e)     The reconsideration committee appointed under   Subsection (d) must include district- and campus-level   professional staff, including at least one member who has   experience using the challenged material with students or who is   familiar with the challenged material's content, and two parents of   students. The school district superintendent or the   superintendent's designee shall chair the committee. The total   voting committee membership may not be an even number. The   complainant is ineligible for membership on the reconsideration   committee, but the committee shall thoughtfully consider the   concerns expressed by the complainant on the reconsideration form.           (f)     Before a meeting of a reconsideration committee   appointed under Subsection (d), each member of the committee shall:                 (1)  read a copy of the challenged library material;                 (2)     review the written submission made by the   complainant; and                 (3)     review all items on any checklist for   reconsideration of a library material that the school district has   adopted.           (g)     After working through the checklist for consideration   of a library material and any deliberations the reconsideration   committee considers necessary, the committee members shall vote to   adopt a determination on the disposition of the challenged library   material. The major criterion for the determination is the   appropriateness of the resource for the material's intended   educational use. A determination of appropriateness must include a   review of and compliance with:                 (1)  47 U.S.C. Section 254(h)(5); and                 (2)  Section 43.24, Penal Code.           (h)     A determination made by the r [Text truncated for display. Full text available on Congress.gov.]