Text of CT SB 1271 (2025)

LCO No. 4244 1 of 12 General Assembly Raised Bill No. 1271 January Session, 2025 LCO No. 4244 Referred to Committee on COMMITTEE ON CHILDREN Introduced by: (KID) AN ACT CONCERNING SCHOOL AND PUBLIC LIBRARIES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2025) (a) As used in this section and 1 sections 2 and 3 of this act: 2 (1) "Library and other educational material" means any material 3 belonging to, on loan to or otherwise in the custody of a school library 4 media center, including, but not limited to, nonfiction and fiction books, 5 magazines, reference books, supplementary titles, multimedia and 6 digital material, software and other material not required as part of 7 classroom instruction. 8 (2) "School library staff member" means a school library media 9 specialist, school librarian, any certificated or noncertificated staff 10 member whose assignment is in the school library or any individual 11 carrying out or assisting with the functions of a school library media 12 specialist or school librarian. 13 (3) "Individual with a vested interest" means any school staff member 14 employed by a local or regional board of education, parent or guardian 15 Raised Bill No. 1271 LCO No. 4244 2 of 12 of a student currently enrolled in a school at the time a reconsideration 16 form is filed under section 3 of this act, and any student currently 17 enrolled in a school at the time a reconsideration form is filed under 18 section 3 of this act. 19 Sec. 2. (NEW) (Effective from passage) (a) There is established a Library 20 Working Group to develop (1) model written policies regarding 21 collection development and maintenance, library display and programs 22 and material review and reconsideration, and (2) a uniform request for 23 review and reconsideration form for school library media centers for use 24 by local and regional boards of education. 25 (b) The Library Working Group shall consist of the following 26 members: 27 (1) One appointed by the president pro tempore of the Senate who 28 shall be the executive director of the Cooperating Library Services Unit, 29 or the executive director's designee; 30 (2) One appointed by the speaker of the House of Representatives 31 who shall be the president of the Connecticut Association of School 32 Librarians, or the president's designee; 33 (3) One appointed by the majority leader of the Senate who shall be 34 the executive director of the Connecticut Association of Boards of 35 Education, or the executive director's designee; 36 (4) One appointed by the majority leader of the House of 37 Representatives who shall be the president of the Connecticut Library 38 Association, or the president's designee; 39 (5) One appointed by the minority leader of the Senate who shall be 40 the director of the Center for Literary Research at the Department of 41 Education, or the director's designee; and 42 (6) One appointed by the minority leader of the House of 43 Representatives who shall be the immediate former president of the 44 Raised Bill No. 1271 LCO No. 4244 3 of 12 Connecticut Association of School Librarians, or the former president's 45 designee. 46 (c) All initial appointments to the working group shall be made not 47 later than thirty days after the effective date of this section. Any vacancy 48 shall be filled by the appointing authority. 49 (d) The president pro tempore of the Senate and the speaker of the 50 House of Representatives shall select the chairpersons from among the 51 members of the working group. Such chairpersons shall schedule the 52 first meeting of the working group, which shall be held not later than 53 sixty days after the effective date of this section. 54 (e) The administrative staff of the joint standing committee of the 55 General Assembly having cognizance of matters relating to children 56 shall serve as administrative staff of the working group. 57 (f) Not later than March 1, 2026, the working group shall submit the 58 model written policies regarding collection development and 59 maintenance, library display and programs and material review and 60 reconsideration, and a uniform request for review and reconsideration 61 form for school library media centers, to the joint standing committee of 62 the General Assembly having cognizance of matters relating to children, 63 in accordance with the provisions of section 11-4a of the general statutes. 64 (g) The working group shall convene every fifth year to (1) revise and 65 update the model written policies and the uniform request for review 66 and reconsideration form, and (2) distribute the updated model written 67 policies and uniform request for review and reconsideration form to 68 local and regional boards of education with information explaining any 69 changes to such model written policies. 70 Sec. 3. (NEW) (Effective July 1, 2025) (a) Each local and regional board 71 of education shall adopt, in accordance with the provisions of this 72 section, a (1) collection development and maintenance policy, (2) library 73 program and display policy, and (3) library material review and 74 Raised Bill No. 1271 LCO No. 4244 4 of 12 reconsideration policy. Each such policy shall ensure that all library 75 materials are evaluated and made accessible in accordance with the 76 protections against discrimination set forth in section 10-15c of the 77 general statutes, including, but not limited to, discrimination based on 78 race, color, sex, gender identity, religion, national origin, sexual 79 orientation or disability. In developing each such policy, the board shall 80 have control over the content of each such policy, provided such board 81 has reviewed and considered the model policies developed by the 82 Library Working Group pursuant to section 2 of this act. 83 (b) The collection development and maintenance policy shall, at a 84 minimum: 85 (1) Recognize that library and other educational materials should (A) 86 be provided for the interest, information and enlightenment of all 87 students, and (B) represent a wide range of varied and diverging 88 viewpoints in the collection as a whole; 89 (2) Require student access to age-appropriate and grade-level- 90 appropriate material, and provide access to library and other 91 educational material that is relevant to the research, independent 92 reading interests and educational needs of students based on a student's 93 age, development or grade level; 94 (3) Recognize the importance of the school library media center as a 95 place for voluntary inquiry, the dissemination of information and ideas 96 and the promotion of free expression and free access to ideas by 97 students; 98 (4) Acknowledge that a school library media specialist is 99 professionally trained to curate and develop a collection that provides 100 students with access to the widest array of age-appropriate and grade- 101 level-appropriate library and other educational material; and 102 (5) Establish a procedure for a certified school library media specialist 103 to continually review library and other educational material within a 104 Raised Bill No. 1271 LCO No. 4244 5 of 12 school library media center using professionally accepted standards, 105 which shall include, but not be limited to, the material's relevance, the 106 condition of the material, the availability of duplicates or copies of the 107 material, the availability of more recent age-appropriate or grade-level- 108 appropriate material and the continued demand for the material. 109 (c) The library display and program policy shall, at a minimum: 110 (1) Recognize that library displays should (A) be provided for the 111 interest, information and enlightenment of all students, (B) represent a 112 wide range of varied and diverging viewpoints, (C) require student 113 access to age-appropriate and grade-level-appropriate content, and (D) 114 provide access to content that is relevant to the research, independent 115 interests and educational needs of students; 116 (2) Recognize the importance of displays and student programs as 117 resources for voluntary inquiry and the dissemination of information 118 and ideas and to promote free expression and free access to ideas by 119 students; and 120 (3) Acknowledge that a school library media specialist is 121 professionally trained to curate and develop displays and programs that 122 provide students with access to the widest array of age-appropriate and 123 grade-level-appropriate library and other educational material. 124 (d) The material review and reconsideration policy shall, at a 125 minimum: 126 (1) Limit consideration of requests to reconsider and remove 127 material, displays or student programs to the parents and guardians of 128 students and eligible students currently enrolled in the school or school 129 district; 130 (2) Require that no library and other educational material, display or 131 program shall be removed from library media centers, or programs be 132 cancelled, because of the origin, background or viewpoints expressed in 133 Raised Bill No. 1271 LCO No. 4244 6 of 12 such material, display or program, or because of the origin, background 134 or viewpoints of the creator of such material, display or program; 135 (3) Require that library and other educational materials, displays and 136 student programs may only be excluded for legitimate pedagogical 137 purposes or for professionally accepted standards of collection 138 maintenance practices as adopted in the collection development and 139 maintenance policy or the display and program policy; 140 (4) Require that any process for petitioners to challenge any library 141 and other educational material, display or student program shall neither 142 favor nor disfavor any group based on protected characteristics; 143 (5) Provide for the creation of a request for reconsideration form, 144 based on the model reconsideration form developed by the Library 145 Working Group pursuant to section 2 of this act, that may be submitted 146 by an individual with a vested interest to the principal of the school in 147 which the library and other educational material is being challenged to 148 initiate a review of such material. The form shall require such individual 149 to specify which portions of such material such individual objects to and 150 provide an explanation of the reasons for such objection; 151 (6) Require the principal, or the principal's designee, to promptly 152 forward the request for reconsideration to the superintendent of schools 153 for the school district. The superintendent, or the superintendent's 154 designee, shall appoint a review committee consisting of: (A) The 155 superintendent, or the superintendent's designee, (B) the principal of the 156 school in which the library or other educational material is being 157 challenged, or the principal's designee, (C) the school library media 158 specialist for the school or a school library media specialist from another 159 school in the school district or, if there is no school library media 160 specialist employed by the local or regional board of education for the 161 school district, a school library media specialist from a neighboring 162 school district, (D) the director of the local public library, or the 163 director's designee, (E) a representative from the local or regional board 164 Raised Bill No. 1271 LCO No. 4244 7 of 12 of education, (F) at least one grade-level-appropriate teacher familiar 165 with the library material, provided the teacher selected is not the 166 individual who submitted the form, and (G) a parent or guardian of a 167 student enrolled in the school district, provided the parent or guardian 168 selected is not the individual who submitted the form. In cases where 169 such form is submitted by a student enrolled in grades nine to twelve, 170 inclusive, and when appropriate and at the discretion of the 171 superintendent, a student enrolled in grades nine to twelve, inclusive, 172 may serve on the review committee if such student did not submit the 173 reconsideration form, provided the superintendent consults with the 174 principal of the school involved in such reconsideration request prior to 175 making this determination whether to include such student on the 176 review committee; 177 (7) Require that any library and other educational material being 178 challenged remain available in the school library media center 179 according to such material's catalog record and be available for a 180 student to reserve, check out or access until a final decision is made by 181 the review committee; 182 (8) Require the review committee to evaluate the request for 183 reconsideration form, read the challenged material in its entirety, 184 evaluate the challenged material against the school district's collection 185 development and maintenance policy and make a written decision on 186 whether or not to remove the challenged material not later than sixty 187 school days from the date of receiving such request. A copy of the 188 committee's decision and report shall be provided to the individual with 189 a vested interest who submitted the form and to the principal of the 190 school; 191 (9) Permit the individual with a vested interest who submitted the 192 request for reconsideration form to appeal the review committee's 193 decision to the local or regional board of education for the school 194 district. The board shall (A) provide a written statement of the reasons 195 for the reconsideration or nonreconsideration of the library and other 196 Raised Bill No. 1271 LCO No. 4244 8 of 12 educational material, (B) provide any final decision that is contrary to 197 the decision of the review committee, and (C) publish such reasons or 198 decision on the Internet web site of the school district; 199 (10) Provide that once a decision has been made by the review 200 committee on any library and other educational material, such material 201 cannot be subject to a new request for review and reconsideration for a 202 period of three years; and 203 (11) Permit a school district to consolidate any requests for review 204 and reconsideration of the same challenged library and other 205 educational material. 206 (e) Any school library media specialist or school library staff member 207 who, in good faith, implements the policies described in this section 208 shall be immune from any liability, civil or criminal, that might 209 otherwise be incurred or imposed and shall have the same immunity 210 with respect to any judicial proceeding that results from such 211 implementation. 212 (f) Any school library media specialist, school library staff member, 213 teacher, administrator, school staff member or local or regional board of 214 education member may bring an action for emotional distress, 215 defamation, libel, slander, damage to reputation or any other relevant 216 tort against any person who harasses such school library media 217 specialist, school library staff member, teacher, administrator, school 218 staff member or local or regional board of education member for 219 implementing the policies described in this section. 220 Sec. 4. (NEW) (Effective July 1, 2025) (a) The board of trustees, or other 221 governing body, of each public library shall adopt, in accordance with 222 the provisions of this section, a (1) collection development and 223 maintenance policy, (2) library program and display policy, and (3) 224 library material review and reconsideration policy. Each such policy 225 shall ensure that all library materials are evaluated and made accessible 226 in accordance with the protections against discrimination set forth in 227 Raised Bill No. 1271 LCO No. 4244 9 of 12 section 46a-64 of the general statutes, including, but not limited to, 228 discrimination based on race, color, sex, gender identity, religion, 229 national origin, sexual orientation or disability. In developing each such 230 policy, the board shall have control over the content of each such policy, 231 provided such policies are in accordance with the provisions of this 232 section. The board of trustees or other governing body shall review, and 233 update as necessary, each such policy every five years. 234 (b) The collection development and maintenance policy shall, at a 235 minimum: 236 (1) Recognize that library materials should (A) be provided for the 237 interest, information and enlightenment of all residents, and (B) 238 represent a wide range of varied and diverging viewpoints in the 239 collection as a whole; 240 (2) Recognize the importance of the public library as a place for 241 voluntary inquiry, the dissemination of information and ideas and the 242 promotion of free expression and free access to ideas by residents; 243 (3) Acknowledge that librarians are professionally trained to curate 244 and develop a collection that provides resident with access to the widest 245 array of library and other educational materials; and 246 (4) Establish a procedure for a librarian to continually review library 247 and other educational material within a public library using 248 professionally accepted standards, which shall include, but not be 249 limited to, the material's relevance, the condition of the material, the 250 availability of duplicates or copies of the material, the availability of 251 more recent age-appropriate or grade-level-appropriate material and 252 the continued demand for the material. 253 (c) The library display and program policy shall, at a minimum: 254 (1) Recognize that library displays should (A) be provided for the 255 interest, information and enlightenment of all residents, (B) represent a 256 Raised Bill No. 1271 LCO No. 4244 10 of 12 wide range of varied and diverging viewpoints, and (C) provide access 257 to content that is relevant to the research, independent interests and 258 educational needs of residents; 259 (2) Recognize the importance of displays and programs as resources 260 for voluntary inquiry and the dissemination of information and ideas 261 and to promote free expression and free access to ideas by residents; and 262 (3) Acknowledge that librarians are professionally trained to curate 263 and develop displays and programs. 264 (d) The material review and reconsideration policy shall, at a 265 minimum: 266 (1) Limit consideration of requests to reconsider material, displays or 267 programs to individuals residing in the town in which the library is 268 located or the town in which the contract library is located; 269 (2) Require that no library material, display or program shall be 270 removed from library media centers, or programs be cancelled, because 271 of the origin, background or viewpoints expressed in such material, 272 display or program or because of the origin, background or viewpoints 273 of the creator of such material, display or program; 274 (3) Require that library materials, displays and programs may only 275 be excluded for legitimate pedagogical purposes or for professionally 276 accepted standards of collection maintenance practices as adopted in the 277 collection development and maintenance policy or the display and 278 program policy; 279 (4) Require that any process for petitioners to challenge any library 280 material, display or program shall neither favor nor disfavor any group 281 based on protected characteristics; 282 (5) Provide for the creation of a request for reconsideration form, 283 based on the model reconsideration form developed by the Library 284 Working Group pursuant to section 2 of this act that may be submitted 285 Raised Bill No. 1271 LCO No. 4244 11 of 12 by an individual to the library director to initiate a review of such 286 material. The form shall require such individual to specify which 287 portions of such material such individual objects to and provide an 288 explanation of the reasons for such objection; 289 (6) Acknowledge that reconsideration requests are not confidential 290 patron records under section 11-25 of the general statutes; 291 (7) Require that any library material being challenged remain 292 available in the library according to its catalog record and be available 293 for a resident to reserve, check out or access until a final decision is made 294 by the library director; 295 (8) Require the library director to evaluate the request for 296 reconsideration form, read the challenged material in its entirety, 297 evaluate the challenged material against the collection development and 298 maintenance policy and make a written decision on whether or not to 299 remove the challenged material not later than sixty days from the date 300 of receiving such request. A copy of the library director's decision and 301 report shall be provided to the individual who submitted the form; 302 (9) Permit the individual who submitted the request for 303 reconsideration form to appeal, in writing, the library director's decision 304 to the board of trustees or other governing body for the library. The 305 board shall (A) consult with the library director, (B) deliberate on such 306 request for reconsideration, (C) provide a written statement of the 307 reasons for the reconsideration or nonreconsideration of the library 308 material, and (D) provide any final decision that is contrary to the 309 decision of the library director; 310 (10) Provide that once a decision has been made by the library 311 director or the board of trustees or other governing board on the 312 reconsideration of any library material, such material cannot be subject 313 to a new request for reconsideration for a period of three years; and 314 (11) Permit a library director to consolidate any requests for 315 Raised Bill No. 1271 LCO No. 4244 12 of 12 reconsideration of the same challenged library material. 316 Sec. 5. Subsection (i) of section 11-24b of the general statutes is 317 repealed and the following is substituted in lieu thereof (Effective July 1, 318 2025): 319 (i) No principal public library shall be eligible to receive a state grant 320 in accordance with the provisions of subsections (b), (c) and (d) of this 321 section if such principal public library does not maintain and adhere to 322 [collection development, collection management and collection 323 reconsideration policies] a collection development and maintenance 324 policy, a library display and program policy and a material review and 325 reconsideration policy that have been [approved] adopted by the board 326 of trustees or other governing body of such library pursuant to section 327 4 of this act. Such [collection reconsideration] material review and 328 reconsideration policy shall offer residents a clear process to request a 329 reconsideration of library materials. In the instance of a book challenge, 330 these policies shall govern. 331 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2025 New section Sec. 2 from passage New section Sec. 3 July 1, 2025 New section Sec. 4 July 1, 2025 New section Sec. 5 July 1, 2025 11-24b(i) Statement of Purpose: To require public and school libraries to develop a (1) collection development and maintenance policy, (2) library program and display policy, and (3) library material review and reconsideration policy. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]