Bill Text: NY A05464 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes requirements for library material in public school libraries and public libraries; requires the development of policies for removal of materials; establishes protections for school library media specialists and librarians against harassment and discrimination in employment related to the refusal to remove library materials.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-14 - referred to education [A05464 Detail]
Download: New_York-2025-A05464-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5464 2025-2026 Regular Sessions IN ASSEMBLY February 14, 2025 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, in relation to requirements for library material in public school libraries and public libraries; and to amend the executive law, in relation to prohibiting discrimination against librarians for certain acts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "freedom to 2 read act". 3 § 2. Legislative intent. The legislature finds and declares that: 4 (a) The freedom to read is a human right, constitutionally protected 5 by the First Amendment of the United States Constitution, and individ- 6 uals have the right to free inquiry and the right to form their own 7 opinions. 8 (b) The freedom to read does not require a person to agree with topics 9 or themes within a material, but instead allows a reader to explore and 10 engage with differing perspectives to form and inform their own views. 11 (c) Since Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 12 (1969), it has been well established that students do not "shed their 13 constitutional rights to freedom of speech or expression at the school- 14 house gate" and, as such, students have a right to access a diverse 15 range of age-relevant information, stories, perspectives, and ideas. 16 (d) In Board of Education v. Pico, 457 U.S. 853 (1982), the United 17 States Supreme Court recognized that school libraries are "completely 18 voluntary on the part of students" a student's selection of books from a 19 school library "is entirely a matter of free choice" and the school 20 library affords a student "an opportunity at self-education and individ- 21 ual enrichment that is wholly optional." 22 (e) School libraries and public libraries, as centers for voluntary 23 inquiry, play a unique role in promoting intellectual freedom, providing EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08435-01-5A. 5464 2 1 equitable access to learning resources, and promoting democracy by 2 providing service to all regardless of race, ethnicity, creed, age, 3 ability, gender, or socio-economic status. 4 (f) School library media specialists and librarians are essential 5 members of the community; as trained professionals, they help young 6 people of all backgrounds find and interpret the information they need 7 to succeed in school and prepare for college, careers, and life. 8 (g) School library media specialists and librarians receive extensive 9 professional training that prepares them to develop and curate 10 collections designed to meet the broad and varied interests and needs of 11 their communities and students, which is based on a variety of factors, 12 including pedagogical value, student interest, and the age-appropriate- 13 ness of the material. 14 (h) Despite this, school library media specialists and librarians have 15 been targeted, harassed, and defamed for providing young people access 16 to library material. 17 (i) Therefore, it is necessary and proper for the legislature to 18 protect the freedom of New York's residents to read, for school 19 libraries and public libraries to acquire and maintain materials without 20 external limitations, to recognize that school library media specialists 21 and librarians are trained to curate and develop collections, and to 22 protect school library media specialists and librarians from unnecessary 23 and unwarranted harassment and defamation for performance of their 24 duties. 25 § 3. The education law is amended by adding two new sections 249-b and 26 249-c to read as follows: 27 § 249-b. Requirements for library material in public school libraries. 28 1. As used in this section: 29 (a) "Diverse and inclusive material" means material that: 30 (i) reflects any protected class; 31 (ii) material produced by an author notwithstanding the author's 32 membership in a protected class; and 33 (iii) material that contains the author's points of view concerning 34 contemporary problems and issues, whether international, national or 35 local. 36 (b) "Emotional distress" means significant mental suffering or 37 distress. 38 (c) "Harassment" or "harasses" means a singular act that is severe or 39 pervasive, or a series of acts over any period of time directed at a 40 specific person that serves no legitimate purpose and would cause, or 41 has caused, a reasonable person to suffer emotional distress. 42 (d) "Library material" means any material including, but not limited 43 to, nonfiction and fiction books; magazines; reference books; supplemen- 44 tary titles; multimedia and digital material; software and instructional 45 material and other material not required as part of classroom instruc- 46 tion, belonging to, on loan to, or otherwise in the custody of a school 47 library. 48 (e) "Protected class" means: 49 (i) any protected class or group as enumerated in article I of the 50 constitution of the state of New York, including, without limitation, 51 age, race, creed, color, national origin, citizenship or immigration 52 status, sexual orientation, gender identity or expression, military 53 status, sex, disability, predisposing genetic characteristics, familial 54 status, marital status, or status as a victim of domestic violence; and 55 (ii) any other class protected under federal or state law.A. 5464 3 1 2. (a) The commissioner shall develop a model policy on the curation 2 of library material within public school libraries. In developing the 3 model policy, the commissioner shall consult with the state librarian 4 and the New York Library Association's Section of School Librarians. The 5 model policy shall be updated as the commissioner deems necessary. 6 (b) Each board of education shall adopt a policy on the curation of 7 library material within a public school library. When developing the 8 policy, the board shall review the model policy established by the 9 commissioner pursuant to subdivision (a) of this subdivision. The board 10 shall have control over the content of the policy, except that the poli- 11 cy shall, at a minimum: 12 (i) recognize that library material should be provided for the inter- 13 est, information, and enlightenment of all students and should present 14 diverse points of view in the collection as a whole; 15 (ii) require student access to age- and grade-appropriate diverse and 16 inclusive material; 17 (iii) acknowledge that library material should not be excluded from a 18 school library because of the origin, background, or views of those 19 contributing to its creation; 20 (iv) provide access to library material that is relevant to the 21 research, independent reading interests, and educational needs of 22 students based on a student's age, development, or grade level; 23 (v) recognize the importance of school libraries as centers for volun- 24 tary inquiry and the dissemination of information and ideas; 25 (vi) promote the free expression and free access to ideas by students 26 by prohibiting the censorship of library material; 27 (vii) acknowledge that a school library media specialist is profes- 28 sionally trained to curate and develop the school library collection 29 that provides students with access to the widest array of age- and 30 grade-appropriate library material available to schools; and 31 (viii) establish a procedure for a school library media specialist to 32 review library material within a school library on an ongoing basis, 33 which shall include, but not be limited to: the library material's rele- 34 vance; the condition of the library material; the availability of dupli- 35 cates; the availability of more recent age- or grade-appropriate materi- 36 al; and the continued demand for the library material. 37 3. Each board of education shall adopt a policy establishing a proce- 38 dure regarding a request for removal of library material within a school 39 library. The board shall have control over the policy, except that the 40 policy shall, at a minimum: 41 (a) provide for the creation of a request for removal form that may be 42 submitted by an individual with a vested interest to the principal of 43 the school in which the library material is challenged to initiate a 44 review of the material. An individual with a vested interest shall 45 include any teaching staff member employed by the board of education, 46 any parent or guardian of a student enrolled in the school district at 47 the time the form is filed, and any student enrolled in the district at 48 the time the form is filed; 49 (b) require the principal or the principal's designee to appoint a 50 review committee within ten school days of receiving a request for 51 removal form, consisting of: 52 (i) the principal or the principal's designee; 53 (ii) the school library media specialist or a teaching staff member 54 similarly trained: 55 (iii) a representative selected by the board of education;A. 5464 4 1 (iv) at least one grade-appropriate teacher familiar with the library 2 material, provided the teacher selected is not the individual who 3 submitted the form; 4 (v) a parent or guardian of a student enrolled in the school district, 5 provided the parent or guardian selected is not the individual who 6 submitted the form; 7 (vi) if the individual who submitted the form is enrolled in grades 8 nine through twelve, a student enrolled in the district, provided the 9 student selected is not the individual who submitted the form; and 10 (vii) any additional members the principal deems necessary; 11 (c) require that a challenged library material remain within the 12 school library and available for a student to reserve, check out, or 13 access until there is a final decision reached by the board of education 14 pursuant to paragraph (e) of this subdivision; 15 (d) require the review committee evaluate the request for removal 16 form, review the challenged library material, and report its recommenda- 17 tions on whether to remove the library material to the board of educa- 18 tion within thirty school days from the date of receiving the form. A 19 copy of the committee's report shall also be provided to the individual 20 with a vested interest who filed the form and the principal; and 21 (e) require the board of education to review the committee's report 22 and make a final determination on whether the library material is to be 23 removed from the school library. The board shall provide a written 24 statement of reasons for: 25 (i) the removal or non-removal of a library material; and 26 (ii) any final determination that is contrary to the recommendations 27 of the review committee. 28 4. (a) Notwithstanding any other provision of law to the contrary, 29 each board of education shall ensure that each school in the district 30 includes diverse and inclusive material as part of its library material. 31 (b) Each board of education shall allow a student to reserve, check 32 out, or access any age- and grade-appropriate library material, includ- 33 ing diverse and inclusive material. 34 5. (a) A school library media specialist or any other teaching staff 35 member that engages in activities as required by this section shall be 36 immune from criminal and civil liability arising from good faith actions 37 performed pursuant to the provisions of this section. 38 (b) (i) A school library media specialist or any other teaching staff 39 member that engages in activities as required by this section shall have 40 a civil cause of action for emotional distress, defamation, libel, slan- 41 der, damage to reputation, or any other relevant tort, against any 42 person who harasses the school library media specialist or any other 43 teaching staff member for complying with the provisions of this section. 44 (ii) If the school library media specialist or any other teaching 45 staff member that engages in activities as required by this section is 46 the prevailing party in the civil cause of action, the school library 47 media specialist or teaching staff member shall be entitled to an award 48 of any reasonable attorneys' fees and costs of suit incurred, and any 49 injunctive relief as the court may deem necessary to avoid the defend- 50 ant's continued violation. 51 § 249-c. Requirements for library material in public libraries. 1. As 52 used in this section: 53 (a) "Diverse and inclusive material" means material that: 54 (i) reflects any protected class; 55 (ii) material produced by an author notwithstanding the author's 56 membership in a protected class; andA. 5464 5 1 (iii) material that contains the author's points of view concerning 2 contemporary problems and issues, whether international, national or 3 local. 4 (b) "Emotional distress" means significant mental suffering or 5 distress. 6 (c) "Governing body" means a board of trustees, director or other 7 chief administrative officer, a county library commission, or board of 8 county commissioners of a public library. 9 (d) "Harassment" or "harasses" means a singular act that is severe or 10 pervasive, or a series of acts over any period of time directed at a 11 specific person that serves no legitimate purpose and would cause, or 12 has caused, a reasonable person to suffer emotional distress. 13 (e) "Library material" means any material including, but not limited 14 to, nonfiction and fiction books; magazines; reference books; supplemen- 15 tary titles; multimedia and digital material; software and instructional 16 material, belonging to, on loan to, or otherwise in the custody of a 17 public library. 18 (f) "Protected class" means: 19 (i) any protected class or group as enumerated in article I of the 20 constitution of the state of New York, including, without limitation, 21 age, race, creed, color, national origin, citizenship or immigration 22 status, sexual orientation, gender identity or expression, military 23 status, sex, disability, predisposing genetic characteristics, familial 24 status, marital status, or status as a victim of domestic violence; and 25 (ii) any other class protected under federal or state law. 26 (g) "Public library" means a public library as defined in section two 27 hundred fifty-three of the education law. 28 2. (a) The state librarian shall establish a model policy on the cura- 29 tion of library material within a public library. In developing the 30 model policy, the state librarian shall consult with the New York 31 Library Association. The model policy shall be updated as the state 32 librarian deems necessary. 33 (b) The model policy shall, at a minimum: 34 (i) recognize that public libraries serve as centers for voluntary 35 inquiry and the dissemination of information and ideas; 36 (ii) promote the free expression and free access to ideas by residents 37 by prohibiting the censorship of library material; 38 (iii) acknowledge that library material should not be excluded from a 39 public library because of the origin, background, or views of those 40 contributing to its creation; 41 (iv) require that residents be provided access to diverse and inclu- 42 sive material; 43 (v) recognize that library material should be provided for the inter- 44 est, information, and enlightenment of all people, and should present 45 diverse points of view in the collection as a whole; 46 (vi) acknowledge that a librarian is professionally trained to curate 47 and develop collections that provide residents with access to the widest 48 array of library material available to the public library; and 49 (vii) establish a procedure for a librarian to review library material 50 within a public library on an ongoing basis, which shall include, but 51 not be limited to: the library material's relevance; the condition of 52 the library material; the availability of duplicates; the availability 53 of more recent material; and the continued demand for the library mate- 54 rial. 55 3. (a) The state librarian shall establish a model policy establishing 56 a procedure regarding a request for removal of library material within aA. 5464 6 1 public library. In developing the model policy, the state librarian 2 shall consult with the New York Library Association. 3 (b) The model policy shall, at a minimum, require: 4 (i) the creation of a request for removal form that may be submitted 5 by an individual with a vested interest to the governing body of the 6 public library in which the library material is challenged to initiate a 7 review of the material. An individual with a vested interest shall 8 include any resident who is served by the public library; 9 (ii) that the governing body appoint a review committee within ten 10 business days of receiving a request for removal form, consisting of: 11 (A) at least one member of the governing body; 12 (B) a librarian employed by the public library; 13 (C) a staff member, who is not a librarian, of the public library that 14 is familiar with the library material; 15 (D) a representative selected by the governing body; 16 (E) a resident serviced by the public library, provided the resident 17 selected is not the individual who submitted the form; and 18 (F) any additional members the governing body deems necessary; 19 (c) That a challenged library material remain within the public 20 library and available for a resident to reserve, check out, or access 21 until there is a final decision by the review committee; 22 (d) That the review committee evaluate the request for removal form, 23 review the challenged library material, and report its recommendations 24 to the governing body on whether to remove the library material within 25 thirty business days from the date of receiving the form. A copy of the 26 committee's report shall also be provided to the individual with a vest- 27 ed interest who filed the form; and 28 (e) The governing body to review the committee's report and make a 29 final determination on whether the library material is to be removed 30 from the public library. The board shall provide a written statement of 31 reasons for: 32 (i) the removal or non-removal of a library material; and 33 (ii) any final determination that is contrary to the recommendations 34 of the review committee. 35 4. (a) Notwithstanding any state or federal law to the contrary, a 36 governing body of a public library shall include diverse and inclusive 37 material as part of its library material. The governing body of a public 38 library shall provide a resident access to all library material, includ- 39 ing diverse and inclusive material. 40 (b) A governing body of a public library shall adopt the policies 41 established by the state librarian pursuant to subdivisions two and 42 three of this section. 43 5. (a) Any staff member of a public library, including a librarian 44 employed by a public library, shall be immune from criminal and civil 45 liability arising from good faith actions performed pursuant to the 46 provisions of this section. 47 (b) (i) Any staff member of a public library, including a librarian 48 employed by a public library, shall have a civil cause of action for 49 emotional distress, defamation, libel, slander, damage to reputation, or 50 any other relevant tort, against any person who harasses the staff 51 member for complying with the provisions of this section. 52 (ii) If the staff member or librarian employed by a public library is 53 the prevailing party in the civil cause of action, the library staff 54 member shall be entitled to an award of any reasonable attorneys' fees 55 and costs of suit incurred, and any injunctive relief as the court may 56 deem necessary to avoid the defendant's continued violation.A. 5464 7 1 § 4. Section 296 of the executive law is amended by adding a new 2 subdivision 20 to read as follows: 3 20. It shall be an unlawful discriminatory practice for an employer to 4 refuse to hire or employ or to bar or to discharge or require to retire 5 from employment an individual, or to discriminate against such individ- 6 ual in compensation or in terms, conditions or privileges of employment 7 because of the refusal of: 8 (a) a school library media specialist or teaching staff member to 9 remove library material from a school library except to the extent 10 permitted pursuant to section two hundred forty-nine-b of the education 11 law; or 12 (b) any staff member of a public library, including a librarian, to 13 remove library material from a public library except to the extent 14 permitted pursuant to section two hundred forty-nine-c of the education 15 law. 16 § 5. This act shall take effect one year after it shall have become a 17 law. Effective immediately, the addition, amendment and/or repeal of any 18 rule or regulation necessary for the implementation of this act on its 19 effective date are authorized to be made and completed on or before such 20 effective date.
