HOUSE DOCKET, NO. 4713        FILED ON: 12/4/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4229

The Commonwealth of Massachusetts

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PRESENTED BY:

John Francis Moran

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act regarding free expression.

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PETITION OF:

HOUSE DOCKET, NO. 4713        FILED ON: 12/4/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4229

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act regarding free expression.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 82 of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 8 of the first paragraph, after the word “opinions” the following words:- , and (d) to receive information determined to be appropriate for inclusion in school libraries by school library teachers licensed by the department of elementary and secondary education, or in the absence of such school library teachers, the school official responsible for the selection of library materials and the use of school library materials and facilities.

SECTION 2. Section 82 of said chapter 71, as so appearing, is hereby further amended by striking from the last sentence in line 11 of the first paragraph the words “his designee” and inserting in place thereof the following words:- their designee. Any determination by a school library teacher licensed by the department of elementary and secondary education, or in the absence of such school library teacher the school employee responsible for the selection of library materials and the use of school library materials and facilities, that materials are appropriate for inclusion in a school library shall be based on their professional training and not on political or personal views. Such a determination shall not be overruled except upon a judgment issued by a vote of the school committee, after notice and public hearing and recommendation by a review committee of school personnel and the superintendent, that, based on clear and convincing evidence, the material is devoid of any educational, literary, artistic or social value or is not age appropriate for any children who attend the school. Challenged materials deemed appropriate by the school library teacher, or in the absence of such school library teacher the school employee responsible for the selection of library materials and the use of school library materials and facilities, shall remain on the shelves pending a judgment issued by a vote of the school committee. A decision of the school committee to remove a school library book that has been deemed appropriate by a school library teacher, or in the absence of such school library teacher the school official responsible for the selection of library materials and the use of school library materials and facilities, may be challenged by any student, parent, or guardian pursuant to section 5 of chapter 249, including on the grounds that the decision was not supported by clear and convincing evidence.

SECTION 3. Section 82 of said chapter 71, as so appearing, is hereby further amended by striking from the first sentence in line 18 of the last paragraph the word “secondary”.

SECTION 4. Section 19B of chapter 78 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 22 after the word “auditor” the following words:- and (8) adopt and make public a written policy for the selection and use of library materials and facilities in accordance with section thirty three of chapter seventy eight, provided such policy shall incorporate the American Library Association’s Library Bill of Rights and indicate that materials should not be selected, proscribed or removed because of doctrinal or partisan disapproval.

SECTION 5. Section 33 of said chapter 78, as so appearing, is hereby amended by inserting in line 6 after the words “American Library Association” the following words:- , including the Library Bill of Rights.

SECTION 6. Section 33 of said chapter 78, as so appearing, is hereby further amended by inserting in line 6 after the word “dismissed” the following words:- , disciplined, placed on probation, lose librarian licensure or certification, be fined, or imprisoned.