Text of CO SB 49 (2024)

Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0250.01 Jed Franklin x5484 SENATE BILL 24-049 Senate Committees House Committees Education A BILL FOR AN ACT CONCERNING THE CONTENT OF MATERIAL AVAILABLE IN LIBRARIES, 101 AND, IN CONNECTION THEREWITH, REQUIRING NOTICE OF 102 CHALLENGED MATERIAL TO BE PUBLISHED ON THE INTERNET, 103 ESTABLISHING A PROCESS FOR RECONSIDERATION OF 104 CHALLENGED MATERIAL, AND PREVENTING DISCRIMINATION IN 105 A LIBRARY'S DISPLAYS, ACQUISITION STANDARDS, PUBLIC 106 MEETING SPACES, AND RETENTION POLICIES. 107 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill establishes a process by which a student, parent, or SENATE SPONSORSHIP Cutter and Kolker, Hinrichsen, Michaelson Jenet, Priola HOUSE SPONSORSHIP Joseph and Hamrick, Garcia, Kipp, Lieder, Titone, Vigil Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. member of the community may object to a library resource in a school or public library. Each library resource that is reconsidered pursuant to the process must be evaluated based on standards applied by a committee for school libraries and a director of a public library. Members of the committee for school libraries are appointed by the superintendent of the school district, and the committee covers reconsideration requests in all schools in the district. For public libraries, the director is selected by the library's board of trustees and covers the library or libraries in the library district. A library resource may not be removed while a request for reconsideration is pending. A principal, librarian, media specialist, other employee, contractor, or volunteer may refuse a directive to remove a library resource if such an individual has a good faith belief that the directive conflicts with law or policy established pursuant to the bill, and such an individual may not be subjected to retaliation. The bill prevents the state board of education from waiving the requirements of the bill as they are applied to public schools, district charter schools, and institute charter schools. The bill specifies that it is a discriminatory practice and unlawful for anyone to discriminate against anyone in the selection, retention, reconsideration, or display of a library resource. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. Legislative declaration. (1) The general assembly 2 hereby finds and declares that: 3 (a) Parents should be actively involved in their child's education 4 at school; 5 (b) Parents and members of the community have challenged the 6 inclusion of library resources in libraries, including public and school 7 libraries, and have demanded removal of library resources; 8 (c) Librarians have removed library resources based on parents' 9 objections or objections from members of the community; 10 (d) Removal of a library resource prevents others from examining, 11 enjoying, and learning from the removed library resource; and 12 (e) A library should not compromise the learning opportunities of 13 SB24-049 -2- others by precluding them from using a library resource unless pursuant 1 to a reconsideration process. 2 (2) Therefore, it is in the best interest of Coloradans to provide 3 library resource removal standards and establish a process for a person to 4 object to a library resource in a library. 5 SECTION 2. In Colorado Revised Statutes, add 22-1-144 as 6 follows: 7 22-1-144. School library - content - reconsideration - 8 committee - definitions. (1) (a) AS USED IN THIS SECTION, UNLESS THE 9 CONTEXT OTHERWISE REQUIRES: 10 (I) "COMMITTEE" MEANS A GROUP OF INDIVIDUALS APPOINTED 11 PURSUANT TO THIS SECTION BY A SUPERINTENDENT OF A SCHOOL DISTRICT 12 TO EVALUATE A REQUEST FOR RECONSIDERATION OF A LIBRARY RESOURCE 13 BY A STUDENT OR A PARENT OF A STUDENT AT ANY PUBLIC SCHOOL 14 LOCATED WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE SCHOOL 15 DISTRICT. 16 (II) "LIBRARY RESOURCE" MEANS MATERIAL, BOTH PRINT AND 17 NON-PRINT, FOUND IN A LIBRARY THAT SUPPORTS CURRICULAR AND 18 PERSONAL INFORMATION NEEDS. PRINT ITEMS INCLUDE BOOKS, 19 MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR MICROFILM. 20 NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS, SLIDES, 21 PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND COMPUTER 22 SOFTWARE. 23 (III) "PARENT" MEANS A BIOLOGICAL OR ADOPTIVE MOTHER OR 24 FATHER OR STEPMOTHER OR STEPFATHER OF A CHILD OR ANY OTHER 25 INDIVIDUAL HAVING LEGAL OR PHYSICAL CUSTODY OF A CHILD. 26 (b) ON OR BEFORE JANUARY 1, 2025, A SUPERINTENDENT SHALL 27 SB24-049 -3- APPOINT THE FOLLOWING MEMBERS TO THE COMMITTEE: 1 (I) ONE ADMINISTRATOR OF THE SCHOOL DISTRICT TO ACT AS 2 CHAIR OF THE COMMITTEE; 3 (II) ONE TEACHER AT AN ELEMENTARY SCHOOL IN THE SCHOOL 4 DISTRICT, ONE TEACHER AT A MIDDLE SCHOOL IN THE SCHOOL DISTRICT, 5 AND ONE TEACHER AT A HIGH SCHOOL IN THE SCHOOL DISTRICT; 6 (III) ONE PARENT WHO IS A MEMBER OF THE SCHOOL DISTRICT'S 7 DISTRICT ACCOUNTABILITY COMMITTEE; 8 (IV) ONE STUDENT OR RECENT GRADUATE OF A SCHOOL IN THE 9 SCHOOL DISTRICT; 10 (V) THREE PARENTS OF STUDENTS REPRESENTATIVE OF A 11 MINORITY GROUP DESCRIBED IN SECTION 22-1-104 (1)(a) WHOSE 12 CHILDREN ATTEND A SCHOOL IN THE SCHOOL DISTRICT; 13 (VI) ONE PRINCIPAL OR DESIGNEE OF A PRINCIPAL OF AN 14 ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT, ONE PRINCIPAL OR 15 DESIGNEE OF A PRINCIPAL OF A MIDDLE SCHOOL IN THE SCHOOL DISTRICT, 16 AND ONE PRINCIPAL OR DESIGNEE OF A PRINCIPAL OF A HIGH SCHOOL IN 17 THE SCHOOL DISTRICT; AND 18 (VII) ONE LIBRARIAN OF A SCHOOL IN THE SCHOOL DISTRICT. 19 (c) (I) A TEACHER APPOINTED PURSUANT TO SUBSECTION (1)(b)(II) 20 OF THIS SECTION SHALL PARTICIPATE IN AND VOTE ON A REQUEST FOR 21 RECONSIDERATION ONLY TO THE EXTENT THAT THE LIBRARY RESOURCE 22 BEING RECONSIDERED IS FROM THE TYPE OF SCHOOL THAT THE TEACHER 23 REPRESENTS. 24 (II) A PRINCIPAL OR DESIGNEE OF A PRINCIPAL APPOINTED 25 PURSUANT TO SUBSECTION (1)(b)(VI) OF THIS SECTION SHALL PARTICIPATE 26 IN AND VOTE ON A REQUEST FOR RECONSIDERATION ONLY TO THE EXTENT 27 SB24-049 -4- THAT THE LIBRARY RESOURCE BEING RECONSIDERED IS FROM THE TYPE OF 1 SCHOOL THAT THE PRINCIPAL REPRESENTS. 2 (2) A COMMITTEE MAY SET ITS OWN RULES OF PROCEDURE, EXCEPT 3 AS PROVIDED IN SUBSECTION (7) OF THIS SECTION. 4 (3) A COMMITTEE MEMBER SERVES A TWO-YEAR TERM BUT MAY 5 BE REAPPOINTED FOR ANY NUMBER OF TERMS. 6 (4) A COMMITTEE SHALL CREATE A FORM THAT CONTAINS THE 7 FOLLOWING INFORMATION THAT SHALL BE USED FOR ANY REQUEST FOR 8 RECONSIDERATION ABOUT A LIBRARY RESOURCE: 9 (a) THE LIBRARY RESOURCE FOR WHICH THE SCHOOL RECEIVES A 10 WRITTEN REQUEST FOR RECONSIDERATION ABOUT ITS CONTENT; 11 (b) THE SPECIFIC REQUEST FOR RECONSIDERATION RECEIVED; 12 (c) THE NAME OF THE STUDENT OR PARENT OF A STUDENT MAKING 13 THE REQUEST FOR RECONSIDERATION, WHICH SHALL NOT BE PUBLISHED ON 14 THE SCHOOL DISTRICT'S WEBSITE; 15 (d) THE RELATIONSHIP BETWEEN THE STUDENT OR PARENT OF A 16 STUDENT AND THE SCHOOL IN WHICH THE LIBRARY RESOURCE IS 17 COMPLAINED ABOUT; AND 18 (e) THE FINAL DISPOSITION OF THE REQUEST FOR 19 RECONSIDERATION, INCLUDING ANY LIBRARY RESOURCE DISCONTINUED, 20 RESTRICTED, OR REMOVED AS A RESULT OF A REQUEST FOR 21 RECONSIDERATION. 22 (5) A COMMITTEE SHALL EVALUATE EACH REQUEST FOR 23 RECONSIDERATION SUBMITTED TO A SCHOOL BASED ON THE SCHOOL 24 LIBRARY'S COMPLIANCE WITH THE FOLLOWING STANDARDS: 25 (a) PROVIDING LIBRARY RESOURCES FOR THE INTEREST, 26 INFORMATION, AND ENLIGHTENMENT OF ALL STUDENTS ATTENDING THE 27 SB24-049 -5- SCHOOL. A LIBRARY RESOURCE SHALL NOT BE EXCLUDED BECAUSE OF THE 1 ETHNIC ORIGIN, ETHNIC BACKGROUND, OR GENDER IDENTITY OF THOSE 2 CONTRIBUTING TO ITS CREATION. 3 (b) PRESENTING A LIBRARY RESOURCE WITH ALL POINTS OF VIEW 4 ABOUT CURRENT AND HISTORICAL ISSUES. A LIBRARY RESOURCE SHALL 5 NOT BE PROSCRIBED OR REMOVED BECAUSE OF PARTISAN OR DOCTRINAL 6 DISAPPROVAL. 7 (c) CHALLENGING CENSORSHIP IN THE FULFILLMENT OF THE 8 RESPONSIBILITY TO PROVIDE INFORMATION AND ENLIGHTENMENT; 9 (d) CONSULTING WITH AND CONSIDERING PERSPECTIVES OF 10 MARGINALIZED GROUPS, INCLUDING THOSE IDENTIFIED IN SECTION 11 22-1-104 (1)(a); 12 (e) PROVIDING ACCESS TO A LIBRARY RESOURCE REGARDLESS OF 13 AN INDIVIDUAL'S AGE, BACKGROUND, POLITICAL OR RELIGIOUS VIEWS, 14 DISABILITY, RACE, COLOR, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, 15 GENDER EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, OR ANCESTRY; 16 (f) FOR A LIBRARY THAT PROVIDES FACILITIES TO THE PUBLIC, 17 MAKING THE FACILITIES AVAILABLE ON AN EQUITABLE BASIS, REGARDLESS 18 OF THE BELIEFS OR AFFILIATIONS OF INDIVIDUALS OR GROUPS REQUESTING 19 THEIR USE; 20 (g) ADVOCATING FOR, EDUCATING ABOUT, AND PROTECTING AN 21 INDIVIDUAL'S PRIVACY IN LIBRARY USE DATA, INCLUDING PERSONALLY 22 IDENTIFIABLE INFORMATION, EXCEPT AS REQUIRED BY THE "FAMILY 23 EDUCATION RIGHTS AND PRIVACY ACT", 20 U.S.C. SEC.1232 G; AND 24 (h) PROHIBITING DISCRIMINATION BASED ON AGE, BACKGROUND, 25 POLITICAL OR RELIGIOUS VIEWS, ORIGIN, DISABILITY, RACE, COLOR, SEX, 26 SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION, MARITAL 27 SB24-049 -6- STATUS, NATIONAL ORIGIN, OR ANCESTRY IN THE SELECTION AND 1 RETENTION OF LIBRARY RESOURCES, DISPLAYS, ACQUISITION STANDARDS, 2 AND PUBLIC MEETING SPACES. 3 (6) UPON RECEIVING A RECONSIDERATION REQUEST FROM A 4 STUDENT OR PARENT OF A STUDENT THAT IS ATTENDING A SCHOOL IN THE 5 SCHOOL DISTRICT, THE COMMITTEE SHALL: 6 (a) REQUIRE ALL MEMBERS OF THE COMMITTEE TO READ, VIEW, OR 7 LISTEN TO THE LIBRARY RESOURCE THAT IS THE SUBJECT OF THE REQUEST 8 FOR RECONSIDERATION; 9 (b) HOLD A HEARING THAT INCLUDES THE INDIVIDUAL MAKING THE 10 REQUEST FOR RECONSIDERATION AND ANY SCHOOL EMPLOYEES WHO ARE 11 INVOLVED IN THE RECONSIDERATION REQUEST OR WHO FEEL THAT THEY 12 ARE AFFECTED BY THE RECONSIDERATION REQUEST; 13 (c) IF MULTIPLE REQUESTS CONCERNING THE SAME LIBRARY 14 RESOURCE ARE LODGED, ALLOW CONSOLIDATION OF THE REQUESTS IN ONE 15 HEARING AT THE COMMITTEE'S DISCRETION; 16 (d) ESTABLISH RULES, TIME REQUIREMENTS, AND OTHER 17 PROCEDURES IN CONNECTION WITH A HEARING; 18 (e) ALLOW STATEMENTS FROM INTERESTED INDIVIDUALS AND 19 EXPERT WITNESSES AT THE COMMITTEE'S DISCRETION; 20 (f) CONSIDER WHETHER THE LIBRARY RESOURCE COMPLIES WITH 21 THE STANDARDS SET FORTH IN THIS SECTION AND THE RELATED POLICIES; 22 AND 23 (g) ISSUE A FINAL DISPOSITION FOR EACH RECONSIDERATION 24 REQUEST WITHIN NINETY DAYS OF THE HEARING REQUIRED BY SUBSECTION 25 (6)(b) OF THIS SECTION. 26 (7) A LIBRARY RESOURCE EVALUATED FOR RECONSIDERATION MAY 27 SB24-049 -7- BE REMOVED ONLY UPON UNANIMOUS CONSENT OF THE COMMITTEE. 1 (8) ONLY A STUDENT ATTENDING A SCHOOL OR A PARENT OF A 2 STUDENT ATTENDING A SCHOOL MAY LODGE A REQUEST FOR 3 RECONSIDERATION OF A LIBRARY RESOURCE, AND ONLY AS TO A LIBRARY 4 RESOURCE AT THE SCHOOL LIBRARY OF THE SCHOOL THAT THE STUDENT 5 ATTENDS. 6 (9) THE BLANK FORM, AND ANY COMPLETED FORM, MUST BE 7 PUBLISHED ON THE SCHOOL DISTRICT'S WEBSITE EXCEPT AS OTHERWISE 8 SPECIFIED IN THIS SECTION. 9 (10) AN INDIVIDUAL MUST COMPLETE THE FORM DEVELOPED AND 10 POSTED ON THE SCHOOL DISTRICT'S WEBSITE FOR EACH LIBRARY RESOURCE 11 FOR WHICH A REQUEST FOR RECONSIDERATION IS MADE. AN OBJECTION TO 12 MULTIPLE DIFFERENT LIBRARY RESOURCES MUST BE LODGED AS A 13 SEPARATE REQUEST FOR RECONSIDERATION FOR EACH LIBRARY RESOURCE. 14 (11) A LIBRARY RESOURCE FOR WHICH A REQUEST FOR 15 RECONSIDERATION HAS BEEN LODGED MUST NOT BE DISCONTINUED, 16 RESTRICTED, OR REMOVED UNTIL THE FINAL DISPOSITION OF THE REQUEST 17 FOR RECONSIDERATION IS PUBLISHED ON THE SCHOOL DISTRICT'S WEBSITE. 18 (12) A PARENT MAY PRECLUDE THE PARENT'S OWN CHILD FROM 19 USING A LIBRARY RESOURCE IN A SCHOOL LIBRARY BY PROVIDING 20 WRITTEN NOTICE TO THE SCHOOL PRINCIPAL BUT MAY NOT PRECLUDE 21 OTHER STUDENTS FROM USING THE LIBRARY RESOURCE EXCEPT TO THE 22 EXTENT THAT THE LIBRARY RESOURCE IS REMOVED PURSUANT TO THE 23 FINAL DISPOSITION OF A FORMALLY FILED REQUEST FOR RECONSIDERATION 24 AT THE DIRECTION OF THE COMMITTEE AS PROVIDED IN THIS SECTION. 25 (13) A PRINCIPAL, SCHOOL LIBRARIAN, MEDIA SPECIALIST, OTHER 26 EMPLOYEE, CONTRACTOR, OR VOLUNTEER AT A SCHOOL MAY REFUSE A 27 SB24-049 -8- DIRECTIVE TO REMOVE A LIBRARY RESOURCE FROM A SCHOOL LIBRARY IF 1 THE INDIVIDUAL HAS A REASONABLE GOOD FAITH BELIEF THAT THE 2 DIRECTIVE CONFLICTS WITH APPLICABLE LAW OR POLICY PURSUANT TO 3 THIS SECTION OR IF THE LIBRARY RESOURCE IS NOT SUBJECT TO REMOVAL 4 PURSUANT TO THE FINAL DISPOSITION OF A REQUEST FOR 5 RECONSIDERATION. A PRINCIPAL, SCHOOL LIBRARIAN, MEDIA SPECIALIST, 6 OTHER EMPLOYEE, CONTRACTOR, OR VOLUNTEER AT A SCHOOL WHO 7 REFUSES A DIRECTIVE TO REMOVE A LIBRARY RESOURCE FROM A SCHOOL 8 LIBRARY IS NOT SUBJECT TO TERMINATION, DEMOTION, DISCIPLINE, OR 9 RETALIATION FOR THE REFUSAL TO COMPLY IF THE INDIVIDUAL'S REFUSAL 10 IS IN COMPLIANCE WITH THIS SECTION. 11 SECTION 3. In Colorado Revised Statutes, 22-2-117, amend 12 (1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows: 13 22-2-117. Additional power - state board - waiver of 14 requirements - rules - definition. (1) (b) The state board shall not waive 15 any of the requirements specified in any of the following statutory 16 provisions: 17 (IX) Any provisions of section 22-1-128 relating to 18 comprehensive human sexuality education content requirements; or 19 (X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3), 20 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1) 21 relating to discrimination based on hair texture, hair type, or a protective 22 hairstyle that is commonly or historically associated with race; OR 23 (XI) ANY PROVISION IN SECTION 22-1-144 RELATING TO THE 24 SELECTION AND RETENTION OF A LIBRARY RESOURCE IN A SCHOOL 25 LIBRARY. FOR PURPOSES OF THIS SUBSECTION (1)(b)(XI), UNLESS THE 26 CONTEXT OTHERWISE REQUIRES, "LIBRARY RESOURCE" MEANS MATERIAL, 27 SB24-049 -9- BOTH PRINT AND NON-PRINT, FOUND IN A LIBRARY THAT SUPPORTS 1 CURRICULAR AND PERSONAL INFORMATION NEEDS. PRINT ITEMS INCLUDE 2 BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR 3 MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS, 4 SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND 5 COMPUTER SOFTWARE. 6 SECTION 4. In Colorado Revised Statutes, 22-7-1005, add (2.2) 7 as follows: 8 22-7-1005. Preschool through elementary and secondary 9 education - aligned standards - adoption - revisions. (2.2) ON OR 10 BEFORE JANUARY 1, 2025, THE STATE BOARD SHALL ADOPT STANDARDS 11 THAT PROHIBIT A GOVERNING BOARD OF A SCHOOL DISTRICT, A BOARD OF 12 COOPERATIVE SERVICES, OR THE GOVERNING BODY OF A CHARTER SCHOOL 13 FROM REFUSING TO APPROVE, OR FROM PROHIBITING THE SELECTION OF, 14 ANY TEXTBOOK, INSTRUCTIONAL MATERIAL, SUPPLEMENTAL 15 INSTRUCTIONAL MATERIAL, OR OTHER CURRICULUM FOR CLASSROOM 16 INSTRUCTION OR ANY BOOK OR OTHER RESOURCE IN A SCHOOL LIBRARY ON 17 THE BASIS THAT IT INCLUDES STUDY OF THE ROLE AND CONTRIBUTIONS OF 18 ANY INDIVIDUAL OR GROUP IDENTIFIED IN SECTION 22-1-104 (1)(a). 19 SECTION 5. In Colorado Revised Statutes, 22-30.5-104, amend 20 (6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows: 21 22-30.5-104. Charter school - requirements - authority - rules 22 - definitions. (6) (c) A school district, on behalf of a charter school, may 23 apply to the state board for a waiver of a state statute or state rule that is 24 not an automatic waiver. Notwithstanding any provision of this 25 subsection (6) to the contrary, the state board may not waive any statute 26 or rule relating to: 27 SB24-049 -10- (VIII) Section 22-33-106.1 concerning suspension and expulsion 1 of students in preschool through second grade; or 2 (IX) Subsection (3) of this section and sections 22-32-110 (1)(k) 3 and 22-63-206 (1) relating to discrimination based on hair texture, hair 4 type, or a protective hairstyle that is commonly or historically associated 5 with race; OR 6 (X) ANY PROVISION IN SECTION 22-1-144 RELATING TO THE 7 SELECTION AND RETENTION OF A LIBRARY RESOURCE IN A SCHOOL 8 LIBRARY. FOR PURPOSES OF THIS SUBSECTION (6)(c)(X), UNLESS THE 9 CONTEXT OTHERWISE REQUIRES, "LIBRARY RESOURCE" MEANS MATERIAL, 10 BOTH PRINT AND NON-PRINT, FOUND IN A LIBRARY THAT SUPPORTS 11 CURRICULAR AND PERSONAL INFORMATION NEEDS. PRINT ITEMS INCLUDE 12 BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR 13 MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS, 14 SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND 15 COMPUTER SOFTWARE. 16 SECTION 6. In Colorado Revised Statutes, 22-30.5-507, amend 17 (7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows: 18 22-30.5-507. Institute charter school - requirements - 19 authority - rules - definitions. (7) (b) An institute charter school may 20 apply to the state board, through the institute, for a waiver of state statutes 21 and state rules that are not automatic waivers. The state board may waive 22 state statutory requirements or rules promulgated by the state board; 23 except that the state board may not waive any statute or rule relating to: 24 (VIII) Section 22-33-106.1 concerning suspension and expulsion 25 of students in preschool through second grade; or 26 (IX) Subsection (3) of this section and sections 22-32-110 (1)(k) 27 SB24-049 -11- and 22-63-206 (1) relating to discrimination based on hair texture, hair 1 type, or a protective hairstyle that is commonly or historically associated 2 with race; OR 3 (X) ANY PROVISION IN SECTION 22-1-144 RELATING TO THE 4 SELECTION AND RETENTION OF A LIBRARY RESOURCE IN A SCHOOL 5 LIBRARY. FOR PURPOSES OF THIS SUBSECTION (7)(b)(X), UNLESS THE 6 CONTEXT OTHERWISE REQUIRES, "LIBRARY RESOURCE" MEANS MATERIAL, 7 BOTH PRINT AND NON-PRINT, FOUND IN A LIBRARY THAT SUPPORTS 8 CURRICULAR AND PERSONAL INFORMATION NEEDS. PRINT ITEMS INCLUDE 9 BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR 10 MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS, 11 SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND 12 COMPUTER SOFTWARE. 13 SECTION 7. In Colorado Revised Statutes, 24-90-109, amend 14 (1)(c) introductory portion, (1)(c)(II), and (1)(c)(III); and add (1)(c)(IV), 15 (1)(c)(V), (1)(c)(VI), (1)(c)(VII), (1)(c)(VIII), (5), and (6) as follows: 16 24-90-109. Powers and duties of board of trustees - definition. 17 (1) The board of trustees shall: 18 (c) Employ a director and, upon the director's recommendation, 19 employ such other employees as may be necessary. The duties of the 20 director shall include: but not be limited to: 21 (II) Recommending individuals for employment by the board of 22 trustees; and 23 (III) Performing all other acts necessary for the orderly and 24 efficient management and control of the library; 25 (IV) DEVELOPING AND REQUIRING COMPLIANCE BY LIBRARIANS 26 WITH POLICIES THAT IMPLEMENT THE FOLLOWING STANDARDS WITH 27 SB24-049 -12- RESPECT TO THE SELECTION, RETENTION, AND RECONSIDERATION OF A 1 LIBRARY RESOURCE IN A LIBRARY CREATED PURSUANT TO THIS PART 1: 2 (A) PROVIDING A LIBRARY RESOURCE FOR THE INTEREST, 3 INFORMATION, AND ENLIGHTENMENT OF THE COMMUNITY. A LIBRARY 4 RESOURCE SHALL NOT BE EXCLUDED BECAUSE OF THE ETHNIC ORIGIN, 5 ETHNIC BACKGROUND, OR GENDER IDENTITY OF THOSE CONTRIBUTING TO 6 ITS CREATION; 7 (B) PRESENTING A LIBRARY RESOURCE WITH ALL POINTS OF VIEW 8 ABOUT CURRENT AND HISTORICAL ISSUES. A LIBRARY RESOURCE MUST 9 NOT BE PROSCRIBED OR REMOVED BECAUSE OF PARTISAN OR DOCTRINAL 10 DISAPPROVAL. 11 (C) CHALLENGING CENSORSHIP IN THE FULFILLMENT OF THE 12 RESPONSIBILITY TO PROVIDE INFORMATION AND ENLIGHTENMENT; 13 (D) CONSULTING WITH AND CONSIDERING PERSPECTIVES OF 14 MARGINALIZED GROUPS, INCLUDING THOSE IDENTIFIED IN SECTION 15 22-1-104 (1)(a); 16 (E) PROVIDING ACCESS TO A LIBRARY RESOURCE REGARDLESS OF 17 AN INDIVIDUAL'S AGE, BACKGROUND, POLITICAL OR RELIGIOUS VIEWS, 18 ORIGIN, DISABILITY, RACE, COLOR, SEX, SEXUAL ORIENTATION, GENDER 19 IDENTITY, GENDER EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, OR 20 ANCESTRY; 21 (F) FOR A LIBRARY THAT PROVIDES FACILITIES TO THE PUBLIC, 22 MAKING THE FACILITIES AVAILABLE ON AN EQUITABLE BASIS, REGARDLESS 23 OF THE BELIEFS OR AFFILIATIONS OF INDIVIDUALS OR GROUPS REQUESTING 24 THEIR USE; 25 (G) ADVOCATING FOR, EDUCATING ABOUT, AND PROTECTING AN 26 INDIVIDUAL'S PRIVACY IN LIBRARY USE DATA, INCLUDING PERSONALLY 27 SB24-049 -13- IDENTIFIABLE INFORMATION; AND 1 (H) PROHIBITING DISCRIMINATION BASED ON AGE, BACKGROUND, 2 POLITICAL OR RELIGIOUS VIEWS, ORIGIN, DISABILITY, RACE, COLOR, SEX, 3 SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION, MARITAL 4 STATUS, NATIONAL ORIGIN, OR ANCESTRY IN THE SELECTION AND 5 RETENTION OF LIBRARY RESOURCES, DISPLAYS, ACQUISITION STANDARDS, 6 AND PUBLIC MEETING SPACES. 7 (V) CREATING A FORM THAT CONTAINS THE FOLLOWING 8 INFORMATION FOR ANY REQUEST FOR RECONSIDERATION ABOUT A 9 LIBRARY RESOURCE: 10 (A) ANY LIBRARY RESOURCE FOR WHICH THE LIBRARY RECEIVES 11 A WRITTEN REQUEST FOR RECONSIDERATION ABOUT ITS CONTENT. AN 12 INDIVIDUAL MAY ONLY LODGE A REQUEST FOR RECONSIDERATION ABOUT 13 A LIBRARY RESOURCE SELECTED OR RETAINED IN A LIBRARY LOCATED IN 14 THE LIBRARY DISTRICT IN WHICH THE INDIVIDUAL RESIDES. 15 (B) THE SPECIFIC REQUEST FOR RECONSIDERATION RECEIVED; 16 (C) THE NAME OF THE INDIVIDUAL MAKING THE REQUEST FOR 17 RECONSIDERATION, WHICH SHALL NOT BE PUBLISHED ON THE LIBRARY'S 18 WEBSITE; 19 (D) THE RELATIONSHIP BETWEEN THE INDIVIDUAL AND THE 20 LIBRARY IN WHICH THE LIBRARY RESOURCE IS COMPLAINED ABOUT; 21 (E) THE FINAL DISPOSITION OF THE REQUEST FOR 22 RECONSIDERATION, INCLUDING WHETHER ANY LIBRARY RESOURCE IS 23 DISCONTINUED, RESTRICTED, OR REMOVED AS A RESULT OF AN OBJECTION; 24 (F) THE REASON FOR DISCONTINUANCE, RESTRICTION, OR 25 REMOVAL OF A LIBRARY RESOURCE; AND 26 (G) A DECISION ABOUT THE DISPOSITION OF A REQUEST FOR 27 SB24-049 -14- RECONSIDERATION ABOUT A LIBRARY RESOURCE IN ACCORDANCE WITH 1 THE STANDARDS SET FORTH IN SUBSECTION (1)(c)(IV) OF THIS SECTION. 2 (VI) REQUIRING AN INDIVIDUAL TO COMPLETE THE FORM 3 DEVELOPED AND POSTED ON THE LIBRARY'S WEBSITE FOR EACH LIBRARY 4 RESOURCE FOR WHICH A REQUEST FOR RECONSIDERATION IS MADE. A 5 REQUEST FOR RECONSIDERATION ABOUT MULTIPLE LIBRARY RESOURCES 6 MUST BE LODGED AS A SEPARATE REQUEST FOR RECONSIDERATION FOR 7 EACH LIBRARY RESOURCE. 8 (VII) REQUIRING THE BLANK FORM, AND ANY COMPLETED FORM, 9 TO BE PUBLISHED ON THE LIBRARY'S WEBSITE EXCEPT AS SPECIFIED IN THIS 10 SUBSECTION (1); AND 11 (VIII) WAITING TO REMOVE, DISCONTINUE, OR RESTRICT, ANY 12 LIBRARY RESOURCE FOR WHICH A REQUEST FOR RECONSIDERATION HAS 13 BEEN LODGED UNTIL THE FINAL DISPOSITION OF THE REQUEST FOR 14 RECONSIDERATION IS PUBLISHED ON THE LIBRARY'S WEBSITE. 15 (5) A LIBRARIAN, MEDIA SPECIALIST, OTHER EMPLOYEE, 16 CONTRACTOR, OR VOLUNTEER AT A LIBRARY MAY REFUSE A DIRECTIVE TO 17 REMOVE A LIBRARY RESOURCE FROM A LIBRARY IF THE INDIVIDUAL HAS A 18 REASONABLE GOOD FAITH BELIEF THAT THE DIRECTIVE IS IN CONFLICT 19 WITH AN APPLICABLE LAW OR POLICY PURSUANT TO SUBSECTION 20 (1)(c)(IV) OF THIS SECTION OR IF THE LIBRARY RESOURCE IS NOT SUBJECT 21 TO REMOVAL PURSUANT TO THE FINAL DISPOSITION OF A REQUEST FOR 22 RECONSIDERATION. A LIBRARIAN, MEDIA SPECIALIST, OTHER EMPLOYEE, 23 CONTRACTOR, OR VOLUNTEER AT A LIBRARY WHO REFUSES A DIRECTIVE 24 TO REMOVE A LIBRARY RESOURCE FROM A LIBRARY IS NOT SUBJECT TO 25 TERMINATION, DEMOTION, DISCIPLINE, OR RETALIATION FOR THE REFUSAL 26 TO COMPLY IF THE INDIVIDUAL'S REFUSAL IS IN COMPLIANCE WITH THIS 27 SB24-049 -15- SUBSECTION (5). 1 (6) FOR PURPOSES OF THIS SECTION, UNLESS THE CONTEXT 2 OTHERWISE REQUIRES, "LIBRARY RESOURCE" MEANS MATERIAL, BOTH 3 PRINT AND NON-PRINT, FOUND IN A LIBRARY THAT SUPPORTS CURRICULAR 4 AND PERSONAL INFORMATION NEEDS. PRINT ITEMS INCLUDE BOOKS, 5 MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR MICROFILM. 6 NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS, SLIDES, 7 PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND COMPUTER 8 SOFTWARE. 9 SECTION 8. In Colorado Revised Statutes, 24-34-601, amend 10 (2)(b); and add (2.7) as follows: 11 24-34-601. Discrimination in places of public accommodation 12 - definition. (2) (b) A claim brought pursuant to paragraph (a) of this 13 subsection (2) SUBSECTION (2)(a) OR (2.7) OF THIS SECTION that is based 14 on disability is covered by the provisions of section 24-34-802. 15 (2.7) IT IS A DISCRIMINATORY PRACTICE AND UNLAWFUL FOR ANY 16 PERSON TO DISCRIMINATE AGAINST ANY INDIVIDUAL OR GROUP IN THE 17 SELECTION, RETENTION, RECONSIDERATION, OR DISPLAY OF A LIBRARY 18 RESOURCE IN A LIBRARY. FOR PURPOSES OF THIS SUBSECTION (2.7), 19 UNLESS THE CONTEXT OTHERWISE REQUIRES, "LIBRARY RESOURCE" MEANS 20 MATERIAL, BOTH PRINT AND NON-PRINT, FOUND IN A LIBRARY THAT 21 SUPPORTS CURRICULAR AND PERSONAL INFORMATION NEEDS. PRINT ITEMS 22 INCLUDE BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR 23 MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS, 24 SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, COMPUTER 25 SOFTWARE, AND PUBLIC MEETING SPACES. 26 SECTION 9. Safety clause. The general assembly finds, 27 SB24-049 -16- determines, and declares that this act is necessary for the immediate 1 preservation of the public peace, health, or safety or for appropriations for 2 the support and maintenance of the departments of the state and state 3 institutions. 4 SB24-049 -17-