Text of CO SB 63 (2025)

First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0131.01 Nicole Myers x4326 SENATE BILL 25-063 Senate Committees House Committees Education A BILL FOR AN ACT CONCERNING STANDARDS THAT PUBLIC SCHOOLS ARE REQUIRED TO 101 INCLUDE IN POLICIES REGARDING LIBRARY RESOURCES. 102 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 requires the local board of education of a school district (local school board) and the state charter school institute board (institute board) to establish written policies for the acquisition, retention, display, and use of library resources and for the use of a public school library facility. In addition, if any public school reconsiders library resources, the local school board or institute board, as applicable, is required to establish SENATE SPONSORSHIP Cutter and Michaelson Jenet, HOUSE SPONSORSHIP (None), 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. a written policy for the reconsideration of a library resource. A local school board and the institute board are required to comply with specified standards in establishing a policy for the acquisition, retention, display, use, and reconsideration of library resources and for the use of public school library facilities. The bill specifies that a public school library may remove a library resource from its permanent collection only if the library resource has been reviewed in accordance with an established policy for the reconsideration of library resources that complies with the standards established in the bill. If a local school board or the institute board has not established a policy for the reconsideration of library resources or has a policy for the reconsideration of library resources that does not comply with the standards established in the bill, a public school governed by the local school board or an institute charter school, as applicable, may not remove a library resource from its permanent collection. These requirements do not apply to routine collection maintenance and deaccession in accordance with a public school library's established collection maintenance policy. A local school board or the institute board is required to make its process for the reconsideration of library materials available to the public. After reviewing a library resource that is the subject of a request for reconsideration and making a final determination regarding the library resource, the local school board or institute board, as applicable, is required to make the determination available to the public. The bill specifies that a request for reconsideration of a library resource in a public school library is an open record under the "Colorado Open Records Act". The bill specifies that a librarian, media specialist, other employee, contractor, or volunteer (employee) at a public school library is not subject to termination, demotion, discipline, or retaliation for refusing to remove a library resource before it has been reviewed in accordance with the school district's or state charter school institute's policy for the reconsideration of library resources or for making displays, acquisitions, or programming decisions that the employee believes, in good faith, are in accordance with the standards established in the bill. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. Legislative declaration. (1) The general assembly 2 finds and declares that public school librarians are highly trained and 3 educated and that they intentionally and thoughtfully select library 4 resources for their specific public schools to educate and entertain 5 SB25-063 -2- students who attend the school. 1 (2) The general assembly further finds and declares that: 2 (a) A range of books and other library resources should be 3 provided for the interest, education, and enlightenment of all students 4 who public school libraries serve; 5 (b) The opportunity to be exposed to a wide variety of 6 perspectives and experiences via books and other library resources 7 engenders empathy and understanding; 8 (c) Recent challenges to library resources have targeted various 9 protected classes, including individuals based on their race and sexual 10 orientation, constituting dangerous discrimination and limiting some 11 individuals from adequate representation and participation in institutional 12 public life; 13 (d) Community members have challenged the inclusion of library 14 resources in public school libraries and have successfully demanded the 15 removal of library resources; 16 (e) Removing library resources prevents others from examining, 17 enjoying, and learning from the removed library resources; and 18 (f) It is important that public school libraries' policies for the 19 acquisition, retention, display, reconsideration, and use of library 20 resources and for the use of public school library facilities comply with 21 standards that identify the priorities and mission of public school 22 libraries. 23 SECTION 2. In Colorado Revised Statutes, add 22-1-148 as 24 follows: 25 22-1-148. Public school libraries - standards for acquisition - 26 retention - display - utilization - reconsideration of library resources 27 SB25-063 -3- - definitions. (1) Definitions. AS USED IN THIS SECTION, UNLESS THE 1 CONTEXT OTHERWISE REQUIRES: 2 (a) "INSTITUTE BOARD" MEANS THE GOVERNING BOARD OF THE 3 STATE CHARTER SCHOOL INSTITUTE THAT IS APPOINTED PURSUANT TO 4 SECTION 22-30.5-505. 5 (b) "LIBRARY RESOURCE" MEANS MATERIAL, BOTH PRINT AND 6 NON-PRINT, FOUND IN A PUBLIC SCHOOL LIBRARY THAT SUPPORTS 7 CURRICULAR OR PERSONAL INFORMATION NEEDS. PRINT ITEMS INCLUDE 8 BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR 9 MICROFILM. NON-PRINT ITEMS INCLUDE E-BOOKS, STREAMING RESOURCES, 10 FILMS, DISC RECORDS, FILMSTRIPS, SLIDES, PRINTS, AUDIOTAPES, 11 VIDEOTAPES, COMPACT DISCS, COMPUTER SOFTWARE, LIBRARY PROGRAMS, 12 AND EXHIBITS. "LIBRARY RESOURCE" DOES NOT INCLUDE THE MATERIALS 13 THAT ARE IN AN INDIVIDUAL CLASSROOM LIBRARY. 14 (c) "LOCAL SCHOOL BOARD" MEANS THE ELECTED BOARD OF 15 EDUCATION OF A SCHOOL DISTRICT. 16 (d) "PARENT" MEANS A BIOLOGICAL PARENT, ADOPTIVE PARENT, 17 LEGAL GUARDIAN, OR ANY OTHER PERSON HAVING LEGAL CUSTODY OF A 18 CHILD. 19 (e) "PUBLIC SCHOOL" MEANS A SCHOOL OF A SCHOOL DISTRICT, A 20 CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART 21 1 OF ARTICLE 30.5 OF THIS TITLE 22, AND A CHARTER SCHOOL AUTHORIZED 22 BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF 23 ARTICLE 30.5 OF THIS TITLE 22. 24 (f) "STANDARDS" MEANS THE STANDARDS THAT A LOCAL SCHOOL 25 BOARD OR THE INSTITUTE BOARD IS REQUIRED TO INCLUDE IN POLICIES 26 REGARDING LIBRARY RESOURCES PURSUANT TO SUBSECTION (3) OF THIS 27 SB25-063 -4- SECTION. 1 (2) Written policies. (a) EACH LOCAL SCHOOL BOARD SHALL 2 ESTABLISH WRITTEN POLICIES FOR THE ACQUISITION, RETENTION, DISPLAY, 3 AND USE OF LIBRARY RESOURCES THAT APPLY TO ALL OF THE PUBLIC 4 SCHOOLS THAT ARE GOVERNED BY THE LOCAL SCHOOL BOARD. IN 5 ADDITION, IF ANY PUBLIC SCHOOL GOVERNED BY A LOCAL SCHOOL BOARD 6 RECONSIDERS LIBRARY RESOURCES AS SPECIFIED IN SUBSECTION (4) OF 7 THIS SECTION, THE LOCAL SCHOOL BOARD SHALL ESTABLISH A WRITTEN 8 POLICY FOR THE RECONSIDERATION OF A LIBRARY RESOURCE THAT 9 COMPLIES WITH THE PROVISIONS OF SUBSECTION (3) OF THIS SECTION. 10 (b) THE INSTITUTE BOARD SHALL ESTABLISH WRITTEN POLICIES 11 FOR THE ACQUISITION, RETENTION, DISPLAY, AND USE OF LIBRARY 12 RESOURCES THAT APPLY TO ALL INSTITUTE CHARTER SCHOOLS. IN 13 ADDITION, IF ANY INSTITUTE CHARTER SCHOOL RECONSIDERS LIBRARY 14 RESOURCES AS SPECIFIED IN SUBSECTION (4) OF THIS SECTION, THE 15 INSTITUTE BOARD SHALL ESTABLISH A WRITTEN POLICY FOR THE 16 RECONSIDERATION OF A LIBRARY RESOURCE THAT COMPLIES WITH THE 17 PROVISIONS OF SUBSECTION (3) OF THIS SECTION. 18 (3) Standards. IF A LOCAL SCHOOL BOARD OR THE INSTITUTE 19 BOARD ESTABLISHES A WRITTEN POLICY FOR THE RECONSIDERATION OF A 20 LIBRARY RESOURCE PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE 21 POLICY SHALL, AT A MINIMUM, COMPLY WITH THE FOLLOWING 22 STANDARDS: 23 (a) A PUBLIC SCHOOL LIBRARY SERVES AS A CENTER FOR INQUIRY 24 AND THE DISSEMINATION OF INFORMATION AND IDEAS; 25 (b) STUDENTS WHO ATTEND PUBLIC SCHOOLS SHOULD BE ABLE TO 26 ACCESS A RANGE OF SOCIAL, POLITICAL, AESTHETIC, MORAL, AND OTHER 27 SB25-063 -5- IDEAS AND EXPERIENCES THROUGH A PUBLIC SCHOOL LIBRARY; 1 (c) EACH LIBRARY RESOURCE IN A PUBLIC SCHOOL LIBRARY IS 2 PROVIDED FOR THE INTEREST, INFORMATION, AND ENLIGHTENMENT OF THE 3 STUDENTS IN THE PUBLIC SCHOOL AND A PUBLIC SCHOOL LIBRARY SHOULD 4 PRESENT DIVERSE POINTS OF VIEW IN THE COLLECTION AS A WHOLE; 5 (d) A PUBLIC SCHOOL LIBRARY SHALL NOT EXCLUDE A LIBRARY 6 RESOURCE BECAUSE OF THE IDENTITY OF THE AUTHOR, ILLUSTRATOR, OR 7 CREATOR OF THE LIBRARY RESOURCE OR BECAUSE OF THE TOPIC 8 ADDRESSED BY THE LIBRARY RESOURCE OR THE OPINIONS EXPRESSED IN 9 THE LIBRARY RESOURCE; 10 (e) A PUBLIC SCHOOL LIBRARY SHALL NOT PROSCRIBE OR PROHIBIT 11 THE CIRCULATION OR PROCUREMENT OF A LIBRARY RESOURCE BECAUSE OF 12 PARTISAN OR DOCTRINAL DISAPPROVAL OF THE LIBRARY RESOURCE; 13 (f) A PUBLIC SCHOOL LIBRARY SHALL NOT EXCLUDE A LIBRARY 14 RESOURCE ON THE BASIS OF SEXUAL CONTENT WITHOUT APPLYING THE 15 APPROPRIATE CRITERIA ESTABLISHED BY THE UNITED STATES SUPREME 16 COURT IN MILLER V. CALIFORNIA, 413 U.S. 15 (1973), WITH RESPECT TO 17 THE POPULATION TO WHICH THE LIBRARY RESOURCE IS MADE AVAILABLE, 18 INCLUDING WHETHER: 19 (I) THE AVERAGE PERSON APPLYING CONTEMPORARY COMMUNITY 20 NORMS WOULD FIND THAT THE LIBRARY RESOURCE, TAKEN AS A WHOLE, 21 APPEALS PRIMARILY TO THE PRURIENT INTEREST; 22 (II) THE LIBRARY RESOURCE DEPICTS OR DESCRIBES, IN A 23 PATENTLY OFFENSIVE WAY, SEXUAL CONDUCT AS SPECIFICALLY DEFINED 24 BY STATE LAW; AND 25 (III) THE LIBRARY RESOURCE, TAKEN AS A WHOLE, LACKS SERIOUS 26 LITERARY, ARTISTIC, POLITICAL, OR SCIENTIFIC VALUE; 27 SB25-063 -6- (g) IT IS THE RESPONSIBILITY OF A PUBLIC SCHOOL LIBRARY TO 1 CHALLENGE CENSORSHIP IN THE FULFILLMENT OF ITS RESPONSIBILITY TO 2 PROVIDE INFORMATION AND ENLIGHTENMENT; 3 (h) A PUBLIC SCHOOL LIBRARY SHALL CONSIDER THE PERSPECTIVES 4 OF MARGINALIZED GROUPS, INCLUDING THOSE IDENTIFIED IN SECTION 5 22-1-104 (1)(a); 6 (i) FOR A PUBLIC SCHOOL LIBRARY THAT PROVIDES FACILITIES TO 7 STUDENTS IN THE SCHOOL OR TO THE PUBLIC, THE LIBRARY SHALL MAKE 8 THE FACILITIES AVAILABLE ON AN EQUITABLE BASIS, REGARDLESS OF THE 9 BELIEFS OR AFFILIATIONS OF INDIVIDUALS OR GROUPS REQUESTING THEIR 10 USE; AND 11 (j) A PUBLIC SCHOOL LIBRARY SHALL PROHIBIT DISCRIMINATION 12 BASED ON AGE, BACKGROUND, POLITICAL OR RELIGIOUS VIEWS, ORIGIN, 13 DISABILITY, RACE, COLOR, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, 14 GENDER EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, OR ANCESTRY 15 IN THE SELECTION, RETENTION, DISPLAY, USE, OR RECONSIDERATION OF 16 LIBRARY RESOURCES AND MEETING SPACES. 17 (4) Reconsideration of library resources. (a) (I) EXCEPT AS 18 OTHERWISE PROVIDED IN SUBSECTION (4)(a)(II) OF THIS SECTION, A PUBLIC 19 SCHOOL LIBRARY MAY REMOVE A LIBRARY RESOURCE FROM ITS 20 PERMANENT COLLECTION ONLY IF THE LIBRARY RESOURCE HAS BEEN 21 REVIEWED IN ACCORDANCE WITH AN ESTABLISHED POLICY FOR THE 22 RECONSIDERATION OF LIBRARY RESOURCES THAT COMPLIES WITH THE 23 REQUIREMENTS OF SUBSECTION (3) OF THIS SECTION. IF A LOCAL SCHOOL 24 BOARD OR THE INSTITUTE BOARD HAS NOT ESTABLISHED A POLICY FOR THE 25 RECONSIDERATION OF A LIBRARY RESOURCE OR HAS A POLICY FOR THE 26 RECONSIDERATION OF LIBRARY RESOURCES THAT DOES NOT COMPLY WITH 27 SB25-063 -7- THE REQUIREMENTS OF SUBSECTION (3) OF THIS SECTION, A PUBLIC 1 SCHOOL GOVERNED BY THE LOCAL SCHOOL BOARD OR THE INSTITUTE 2 BOARD, AS APPLICABLE, MAY NOT REMOVE A LIBRARY RESOURCE FROM ITS 3 PERMANENT COLLECTION. 4 (II) THE PROVISIONS OF SUBSECTION (4)(a)(I) OF THIS SECTION DO 5 NOT APPLY TO ROUTINE COLLECTION MAINTENANCE AND DEACCESSION IN 6 ACCORDANCE WITH A PUBLIC SCHOOL LIBRARY'S ESTABLISHED 7 COLLECTION DEVELOPMENT AND MAINTENANCE POLICY. 8 (b) IF A LOCAL SCHOOL BOARD OR THE INSTITUTE BOARD HAS 9 ESTABLISHED A POLICY FOR THE RECONSIDERATION OF A LIBRARY 10 RESOURCE THAT COMPLIES WITH THE REQUIREMENTS OF SUBSECTION (3) 11 OF THIS SECTION, BEFORE THE LOCAL SCHOOL BOARD OR INSTITUTE BOARD 12 RECONSIDERS A LIBRARY RESOURCE PURSUANT TO THE POLICY, THE LOCAL 13 SCHOOL BOARD OR THE INSTITUTE BOARD SHALL MAKE ITS 14 RECONSIDERATION POLICIES AVAILABLE TO THE PUBLIC ON THE SCHOOL 15 DISTRICT'S OR STATE CHARTER SCHOOL INSTITUTE'S WEBSITE, AS 16 APPLICABLE. 17 (c) TO MAKE A REQUEST FOR RECONSIDERATION OF A LIBRARY 18 RESOURCE, THE INDIVIDUAL MAKING THE REQUEST MUST BE A PARENT OF 19 A STUDENT WHO IS ENROLLED IN THE PUBLIC SCHOOL FOR WHICH THE 20 REQUEST IS MADE. 21 (d) A LOCAL SCHOOL BOARD AND THE INSTITUTE BOARD SHALL 22 NOT RECONSIDER THE SAME LIBRARY RESOURCE MORE THAN ONCE EVERY 23 TWO YEARS; EXCEPT THAT THE ESTABLISHED POLICY FOR THE 24 RECONSIDERATION OF A LIBRARY RESOURCE ADOPTED BY A LOCAL SCHOOL 25 BOARD OR THE INSTITUTE BOARD MAY SPECIFY A PERIOD LONGER THAN 26 TWO YEARS DURING WHICH THE LOCAL SCHOOL BOARD OR INSTITUTE 27 SB25-063 -8- BOARD WILL NOT RECONSIDER THE SAME LIBRARY RESOURCE. 1 (e) (I) ONCE A FINAL DETERMINATION HAS BEEN MADE FOR A 2 LIBRARY RESOURCE THAT IS THE SUBJECT OF A REQUEST FOR 3 RECONSIDERATION, THE LOCAL SCHOOL BOARD OR THE INSTITUTE BOARD, 4 AS APPLICABLE, SHALL MAKE THE DETERMINATION AND HOW IT COMPORTS 5 WITH THE PROVISIONS OF SUBSECTION (3) OF THIS SECTION AVAILABLE TO 6 THE PUBLIC. 7 (II) A PUBLIC SCHOOL LIBRARY SHALL NOT REMOVE, DISCONTINUE, 8 OR RESTRICT A LIBRARY RESOURCE AS THE RESULT OF A REQUEST FOR 9 RECONSIDERATION UNTIL THE DETERMINATION REGARDING THE LIBRARY 10 RESOURCE HAS BEEN MADE AVAILABLE TO THE PUBLIC PURSUANT TO 11 SUBSECTION (4)(e)(I) OF THIS SECTION. 12 (f) A WRITTEN REQUEST FOR RECONSIDERATION OF A LIBRARY 13 RESOURCE IN A PUBLIC SCHOOL LIBRARY IS AN OPEN RECORD UNDER THE 14 "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24. 15 (5) Retaliation against library employees prohibited. AN 16 INDIVIDUAL WHO IS A LIBRARIAN, MEDIA SPECIALIST, OTHER EMPLOYEE, 17 CONTRACTOR, OR VOLUNTEER AT A PUBLIC SCHOOL LIBRARY SHALL NOT 18 BE SUBJECT TO TERMINATION, DEMOTION, DISCIPLINE, OR RETALIATION 19 FOR REFUSING TO REMOVE A LIBRARY RESOURCE BEFORE IT HAS BEEN 20 REVIEWED IN ACCORDANCE WITH THE APPLICABLE LOCAL SCHOOL BOARD'S 21 OR INSTITUTE BOARD'S POLICY FOR THE RECONSIDERATION OF LIBRARY 22 RESOURCES OR FOR MAKING DISPLAYS, ACQUISITIONS, OR PROGRAMMING 23 DECISIONS THAT THE LIBRARIAN, MEDIA SPECIALIST, OTHER EMPLOYEE, 24 CONTRACTOR, OR VOLUNTEER BELIEVES, IN GOOD FAITH, ARE IN 25 ACCORDANCE WITH THE STANDARDS. 26 SECTION 3. Safety clause. The general assembly finds, 27 SB25-063 -9- 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 SB25-063 -10-

SENATE BILL 25-063 BY SENATOR(S) Cutter and Michaelson Jenet, Amabile, Danielson, Exum, Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Rodriguez, Snyder, Sullivan, Weissman, Winter F., Coleman; also REPRESENTATIVE(S) Garcia and Willford, Bacon, Boesenecker, Brown, Camacho, Carter, Froelich, Gilchrist, Hamrick, Joseph, Lieder, Lindsay, Lukens, Mabrey, McCormick, Phillips, Rutinel, Sirota, Smith, Stewart K., Stewart R., Story, Titone, Velasco, Zokaie. CONCERNING STANDARDS THAT PUBLIC SCHOOLS ARE REQUIRED TO INCLUDE IN POLICIES REGARDING LIBRARY RESOURCES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that teacher librarians are highly trained and educated and that they intentionally and thoughtfully select library resources for their specific public schools to educate and entertain students who attend the school. (2) The general assembly further finds and declares that: (a) A range of books and other library resources should be provided NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. for the interest, education, and enlightenment of all students who public school libraries serve; (b) The opportunity to be exposed to a wide variety of perspectives and experiences via books and other library resources engenders empathy and understanding; (c) Recent challenges to library resources have targeted various protected classes, including individuals based on their race and sexual orientation, constituting dangerous discrimination and limiting some individuals from adequate representation and participation in institutional public life; (d) Community members have challenged the inclusion of library resources in public school libraries and have successfully demanded the removal of library resources; (e) Removing library resources prevents others from examining, enjoying, and learning from the removed library resources; and (f) It is important that public school libraries' policies for the acquisition, retention, display, reconsideration, and use of library resources and for the use of public school library facilities comply with standards that identify the priorities and mission of public school libraries. SECTION 2. In Colorado Revised Statutes, add 22-1-148 as follows: 22-1-148. Public school libraries - standards for acquisition - retention - display - utilization - reconsideration of library resources - definitions. (1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "LIBRARY RESOURCE" MEANS MATERIAL, BOTH PRINT AND NON-PRINT, FOUND IN A PUBLIC SCHOOL LIBRARY THAT SUPPORTS CURRICULAR OR PERSONAL INFORMATION NEEDS. PRINT ITEMS INCLUDE BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR MICROFILM. NON-PRINT ITEMS INCLUDE E-BOOKS, STREAMING RESOURCES, FILMS, DISC RECORDS, FILMSTRIPS, SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, COMPUTER SOFTWARE, LIBRARY PROGRAMS, AND EXHIBITS. "LIBRARY PAGE 2-SENATE BILL 25-063 RESOURCE" DOES NOT INCLUDE THE MATERIALS THAT ARE IN AN INDIVIDUAL CLASSROOM LIBRARY. (b) "LOCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A BOARD OF COOPERATIVE SERVICES AS DEFINED IN SECTION 22-5-103 THAT OPERATES A SCHOOL, A CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, OR A CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF THIS TITLE 22. (c) "PARENT" MEANS A BIOLOGICAL PARENT, ADOPTIVE PARENT, LEGAL GUARDIAN, OR ANY OTHER PERSON HAVING LEGAL CUSTODY OF A CHILD. (d) "PUBLIC SCHOOL" MEANS A SCHOOL OPERATED BY A LOCAL EDUCATION PROVIDER. (e) "PUBLIC SCHOOL LIBRARY STAFF MEMBER" MEANS A TEACHER LIBRARIAN, SCHOOL LIBRARY MEDIA SPECIALIST, SCHOOL LIBRARIAN, ANY CERTIFIED OR NONCERTIFIED STAFF MEMBER ASSIGNED TO DUTIES IN A PUBLIC SCHOOL LIBRARY, OR ANY INDIVIDUAL CARRYING OUT OR ASSISTING WITH THE FUNCTIONS OF A PUBLIC SCHOOL LIBRARY. (f) "STANDARDS" MEANS THE STANDARDS WITH WHICH A LOCAL EDUCATION PROVIDER IS REQUIRED TO COMPLY IN ESTABLISHING WRITTEN POLICIES REGARDING LIBRARY RESOURCES PURSUANT TO SUBSECTION (3) OF THIS SECTION. (2) Written policies. (a) EACH LOCAL EDUCATION PROVIDER SHALL ESTABLISH WRITTEN POLICIES FOR THE ACQUISITION, RETENTION, DISPLAY, AND USE OF LIBRARY RESOURCES. IN ADDITION, EACH LOCAL EDUCATION PROVIDER SHALL ESTABLISH A WRITTEN POLICY FOR THE RECONSIDERATION OF A LIBRARY RESOURCE THAT COMPLIES WITH THE PROVISIONS OF SUBSECTION (3) OF THIS SECTION. EACH LOCAL EDUCATION PROVIDER SHALL ESTABLISH THE WRITTEN POLICIES REQUIRED IN THIS SUBSECTION (2)(a) BY SEPTEMBER 1, 2025. (b) IF, AS OF THE EFFECTIVE DATE OF THIS SECTION, A LOCAL EDUCATION PROVIDER HAS ALREADY ESTABLISHED WRITTEN POLICIES THAT COMPLY WITH THE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION, PAGE 3-SENATE BILL 25-063 THE LOCAL EDUCATION PROVIDER IS NOT REQUIRED TO WRITE NEW POLICIES PURSUANT TO THIS SECTION. (3) Standards. THE WRITTEN POLICIES ESTABLISHED BY A LOCAL EDUCATION PROVIDER PURSUANT TO SUBSECTION (2) OF THIS SECTION SHALL, AT A MINIMUM, COMPLY WITH THE FOLLOWING STANDARDS: (a) A PUBLIC SCHOOL LIBRARY SHALL COMPLY WITH THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION AS INTERPRETED BY THE UNITED STATES SUPREME COURT IN BOARD OF EDUCATION, ISLAND TREES UNION FREE SCHOOL DISTRICT NO. 26 V. PICO, 457 U.S. 853 (1982), AND SECTION 10 OF ARTICLE II OF THE STATE CONSTITUTION CONCERNING THE FREEDOM OF SPEECH; (b) A PUBLIC SCHOOL LIBRARY SHALL PROTECT AGAINST HARASSMENT AND DISCRIMINATION, PARTICULARLY REGARDING THE CLASSES SET FORTH IN SECTION 22-1-143 (1)(d)(I), WITH RESPECT TO THE AUTHOR, CONTENT, AND INTENDED AUDIENCE OF A LIBRARY RESOURCE; AND (c) A LOCAL EDUCATION PROVIDER SHALL PROTECT AGAINST OBSCENE MATERIAL AS DESCRIBED IN SECTION 18-7-101 (2) AND AS INTERPRETED IN MILLER V. CALIFORNIA, 413 U.S. 15 (1973). (4) Reconsideration of library resources. (a) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(a)(II) OF THIS SECTION, A PUBLIC SCHOOL LIBRARY MAY REMOVE A LIBRARY RESOURCE FROM ITS PERMANENT COLLECTION ONLY IF THE LIBRARY RESOURCE HAS BEEN REVIEWED IN ACCORDANCE WITH AN ESTABLISHED POLICY FOR THE RECONSIDERATION OF LIBRARY RESOURCES THAT COMPLIES WITH THE REQUIREMENTS OF SUBSECTION (3) OF THIS SECTION. (II) THE PROVISIONS OF SUBSECTION (4)(a)(I) OF THIS SECTION DO NOT APPLY TO ROUTINE COLLECTION MAINTENANCE AND DEACCESSION IN ACCORDANCE WITH A PUBLIC SCHOOL LIBRARY'S ESTABLISHED COLLECTION DEVELOPMENT AND MAINTENANCE POLICY. (b) BEFORE A LOCAL EDUCATION PROVIDER RECONSIDERS A LIBRARY RESOURCE PURSUANT TO THE POLICY, THE LOCAL EDUCATION PROVIDER SHALL MAKE ITS RECONSIDERATION POLICIES AVAILABLE TO THE PUBLIC IN A MANNER TO BE DETERMINED BY THE LOCAL EDUCATION PROVIDER. PAGE 4-SENATE BILL 25-063 (c) TO MAKE A REQUEST FOR RECONSIDERATION OF A LIBRARY RESOURCE, THE INDIVIDUAL MAKING THE REQUEST MUST BE A PARENT OF A STUDENT WHO IS ENROLLED IN THE PUBLIC SCHOOL FOR WHICH THE REQUEST IS MADE. (d) A LOCAL EDUCATION PROVIDER SHALL NOT RECONSIDER THE SAME LIBRARY RESOURCE MORE THAN ONCE EVERY TWO YEARS; EXCEPT THAT THE ESTABLISHED POLICY FOR THE RECONSIDERATION OF A LIBRARY RESOURCE ADOPTED BY A LOCAL EDUCATION PROVIDER MAY SPECIFY A PERIOD LONGER THAN TWO YEARS DURING WHICH THE LOCAL EDUCATION PROVIDER WILL NOT RECONSIDER THE SAME LIBRARY RESOURCE. (e) (I) ONCE A FINAL DETERMINATION HAS BEEN MADE FOR A LIBRARY RESOURCE THAT IS THE SUBJECT OF A REQUEST FOR RECONSIDERATION, THE LOCAL EDUCATION PROVIDER SHALL MAKE THE DETERMINATION AND HOW IT COMPORTS WITH SUBSECTION (3) OF THIS SECTION AVAILABLE TO THE PUBLIC. (II) A PUBLIC SCHOOL LIBRARY SHALL NOT REMOVE, DISCONTINUE, OR RESTRICT A LIBRARY RESOURCE AS THE RESULT OF A REQUEST FOR RECONSIDERATION UNTIL THE DETERMINATION REGARDING THE LIBRARY RESOURCE HAS BEEN MADE AVAILABLE TO THE PUBLIC PURSUANT TO SUBSECTION (4)(e)(I) OF THIS SECTION. (f) A WRITTEN REQUEST FOR RECONSIDERATION OF A LIBRARY RESOURCE IN A PUBLIC SCHOOL LIBRARY IS AN OPEN RECORD UNDER THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24. (5) Retaliation against library employees prohibited. A PUBLIC SCHOOL LIBRARY STAFF MEMBER SHALL NOT BE SUBJECT TO TERMINATION, DEMOTION, DISCIPLINE, OR RETALIATION FOR REFUSING TO REMOVE A LIBRARY RESOURCE BEFORE IT HAS BEEN REVIEWED IN ACCORDANCE WITH THE APPLICABLE LOCAL EDUCATION PROVIDER'S POLICY FOR THE RECONSIDERATION OF LIBRARY RESOURCES OR FOR MAKING DECISIONS THAT THE SCHOOL LIBRARY STAFF MEMBER BELIEVES, IN GOOD FAITH, ARE IN ACCORDANCE WITH THE POLICY OF THE LOCAL EDUCATION PROVIDER. SECTION 3. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for PAGE 5-SENATE BILL 25-063 the support and maintenance of the departments of the state and state institutions. ____________________________ ____________________________ James Rashad Coleman, Sr. Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 6-SENATE BILL 25-063