Amendment #4 to S2726

Clarifying the Determination of Library Materials

Mr. Pease of Westfield moves to amend the bill in proposed section 82C of chapter 71 by:

1. striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The selection of school library materials by a school library teacher for inclusion in a school library shall not be overruled except by a vote of the school committee conducted in accordance with the procedures established in this section. If there is a complaint or challenge to school library materials, the school committee shall follow the procedures established in this section for a review of the school library materials.

2.Striking out subsection (b)(1) in its entirety.

3.Striking out subsection (b)(2) and inserting in place thereof the following subsection:-

(b)(1) The school committee shall hold a public hearing, with notice of the hearing provided to the district. Following the public hearing, the school committee shall vote to determine whether the school library materials are consistent with the requirements of section 82A. School library materials shall only be removed from the school library if the school committee finds, based on clear and convincing evidence, that the school library material is: (i) devoid of any educational, literary, artistic, personal or social value; or (ii) not age appropriate for any child who attends the school.

4.Striking out subsection (b)(3) in its entirety