Schatzline’s bill rewriting how schools pick and pull library books

The text as introduced · 1,684 words

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 reconsideration committee

under Subsection (g) must be written and dated. The appropriate

district-level administrator shall:

(1) provide the complainant with a copy of the

determination not later than the 10th business day after the date of

the determination; and

(2) notify all other appropriate staff members of the

determination.

(i) A challenged library material that the reconsideration

committee determines is appropriate may not be reconsidered before

the first anniversary of the date of a determination under

Subsection (g), and any library material removed is ineligible for

consideration to be added to the school district's collection

before the 10th anniversary of the date of the material's removal.

The school district shall verify any previous determination before

convening a reconsideration committee.

(j) A complainant may appeal the determination of a

reconsideration committee by filing the appropriate school

district grievance form.

(k) Challenges to a library material provided through the

TexQuest program must follow the Texas State Library and Archives

Commission's TexQuest content review process.

Sec. 33.025. OPPORTUNITY FOR PARENT REVIEW. (a) In

recognizing that parents hold an essential role in the education of

their children and have the right to guide what their children read,

each library in a school district shall maintain onsite and on the

library's Internet website a printed list of each library material

selected for inclusion in the district's collection and each

library material slated for acquisition.

(b) The school district superintendent or a designated

district-level administrator shall offer a preview to parents of

students in the district at least 10 days before the date on which

books are to be placed on the shelves, once in the fall and once in

the spring. On request of a parent of a student, audiovisual

materials must be made available to the parent for in-person review

on the same basis as printed materials.

Sec. 33.026. OTHER PARENTAL CONSIDERATIONS. (a) In a

school district library, students are afforded the opportunity to

self-select texts as part of literacy development. While

librarians are trained in selecting materials in accordance with

board policy and the outlined selection criteria and may provide

guidance to students in selecting texts, the ultimate determination

of appropriateness lies with the student and parent.

(b) School librarians or designated administrators shall

encourage parents to share any considerations regarding their

children's book selections. Parents may contact the campus

librarian directly or complete an online form for library book

opt-out decisions. School librarians shall accommodate individual

requests by parents, within reason, which may include restricting

specific titles or books.

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 6. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.