Budget Amendment ID: FY2025-S4-768
EDU 768
Library Freedom
Messrs. Oliveira and Cyr, Ms. Rausch, Messrs. Moore, Lewis, Gomez and Keenan, Ms. Kennedy, Ms. Jehlen, Messrs. Cronin, Payano, Feeney and Montigny and Ms. Edwards moved that the proposed new text be amended by adding the following new sections:-
"SECTION __. Section 82 of chapter 71 of the General Laws, as appearing in the 2022 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, including through materials 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 __. 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 by the school employee authorized to select library materials, that materials are appropriate for inclusion in a school library shall be based on their professional training and not on political or personal views.
In the event that materials selected for inclusion in a school library by authorized personnel are the subject of a complaint, the challenged materials shall remain on the shelves pending a vote of the school committee in keeping with the following process. The selection of such materials shall not be overruled except upon a determination and vote by 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. A decision of the school committee to remove materials from a school library 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.
Nothing in this section precludes personnel responsible for school library content from deciding to remove materials that have become outdated or to make way for newer materials, provided the decision is not made based on political or personal views. School districts may adopt policies regarding selection and management of library materials, or recommendations to the school committee regarding complaints; provided that such policies shall not be inconsistent with this section.
SECTION __. 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 __. Section 19B of chapter 78 of the General Laws, as appearing in the 2022 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 based on political or personal views. The board of library commissioners shall not certify a free public library for state aid if such library does not meet these minimum standards.
SECTION __. Said chapter 78, as so appearing, is hereby amended by striking section 33 and inserting in place thereof the following words:-
Section 33. The board of trustees of a free public library in any city or town, or in the absence of such board, the city or town official possessing the appointive powers of such board, shall establish a written policy for the selection of library materials and the use of materials and facilities in accordance with standards adopted by the American Library Association, including the Library Bill of Rights, and sections 92A and 98 of chapter 272. No employee shall be dismissed, disciplined, placed on probation, lose librarian licensure or certification, be fined, or imprisoned for the selection of library materials when the selection is made in good faith and in accordance with the approved policy adopted pursuant to the provisions of this section.
SECTION __. Said chapter 78, as so appearing, is hereby further amended by inserting after section 34 the following section:-
Section 35. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Book Access Fund, that will be allocated to cities or towns that have challenged the banning of books. The board of library commissioners shall administer allocation to the treasurer of cities or towns. Notwithstanding any general or special law to the contrary, there shall be credited to the fund any revenue subject to appropriations or other money authorized by the general court and specifically designated to be credited to the fund. Expenditures made from the fund shall complement and not replace existing local, state, private or federal funding. Amounts credited to the fund shall be expended, without further appropriation, including but not limited to increasing collections of books, staff training, and supporting programming that expand access to library materials. The board of library commissioners shall promulgate guidelines as necessary to implement this section."