Bill Text: TX SB34 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to a school district's library materials and catalog, the creation of local school library advisory councils, and parental rights regarding public school library catalogs and access by the parent's child to library materials.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [SB34 Detail]
Download: Texas-2023-SB34-Introduced.html
| By: Paxton | S.B. No. 34 | |
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| relating to a school district's library materials and catalog, the | ||
| creation of local school library advisory councils, and parental | ||
| rights regarding public school library catalogs and access by the | ||
| parent's child to library materials. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 26.004(b), Education Code, is amended to | ||
| read as follows: | ||
| (b) A parent is entitled to access to all written records of | ||
| a school district concerning the parent's child, including: | ||
| (1) attendance records; | ||
| (2) test scores; | ||
| (3) grades; | ||
| (4) disciplinary records; | ||
| (5) counseling records; | ||
| (6) psychological records; | ||
| (7) applications for admission; | ||
| (8) health and immunization information; | ||
| (9) teacher and school counselor evaluations; | ||
| (10) reports of behavioral patterns; [ |
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| (11) records relating to assistance provided for | ||
| learning difficulties, including information collected regarding | ||
| any intervention strategies used with the child; and | ||
| (12) records relating to school library materials the | ||
| child obtains from a school library. | ||
| SECTION 2. Chapter 26, Education Code, is amended by adding | ||
| Section 26.017 to read as follows: | ||
| Sec. 26.017. NOTICE REGARDING SCHOOL LIBRARY MATERIALS. | ||
| (a) Before each school year, a school district shall provide | ||
| written notice to a parent of each child enrolled in the district | ||
| regarding the option to receive notice each time the child obtains a | ||
| school library material from a school library in the district. | ||
| (b) For each parent who elects to receive notice under | ||
| Subsection (a), the school district shall notify the parent by | ||
| e-mail each time the parent's child obtains a school library | ||
| material from a school library in the district. The notice must | ||
| include, as applicable, the title, author, genre, and return date | ||
| of the school library material. | ||
| SECTION 3. Subchapter B, Chapter 33, Education Code, is | ||
| amended by adding Sections 33.026, 33.027, and 33.028 to read as | ||
| follows: | ||
| Sec. 33.026. LOCAL SCHOOL LIBRARY ADVISORY COUNCIL. (a) | ||
| The board of trustees of each school district shall establish a | ||
| local school library advisory council to assist the district in | ||
| ensuring that local community values are reflected in each school | ||
| library catalog in the district. | ||
| (b) Except as provided by Section 33.027(d), a school | ||
| district must consider the recommendations of the local school | ||
| library advisory council before: | ||
| (1) adding library materials to a school library | ||
| catalog; | ||
| (2) removing library materials from a school library | ||
| catalog following a challenge under Section 33.028; or | ||
| (3) making changes to policies or guidelines related | ||
| to a school library catalog. | ||
| (c) The local school library advisory council's duties | ||
| include recommending: | ||
| (1) policies and procedures for the acquisition of | ||
| library materials consistent with local community values; | ||
| (2) library materials appropriate for each grade | ||
| level; | ||
| (3) if feasible, joint use agreements or strategies | ||
| for collaboration between the school district and local public | ||
| libraries and community organizations; | ||
| (4) the removal of any library materials that the | ||
| council determines to be: | ||
| (A) harmful material or material containing | ||
| indecent content or profane content; or | ||
| (B) inconsistent with local community values; | ||
| (5) the policies and procedures for processing | ||
| challenges received under Section 33.028; and | ||
| (6) the action to be taken by the district in response | ||
| to a challenge received under Section 33.028. | ||
| (d) Any recommendation made by the local school library | ||
| advisory council must adhere to the library standards approved | ||
| under Section 33.021. | ||
| (e) The local school library advisory council must consist | ||
| of at least five members, with each member appointed by the board of | ||
| trustees, and with each trustee appointing an equal number of | ||
| members. A majority of the voting members of the council must be | ||
| persons who are parents of students enrolled in the district and who | ||
| are not employed by the district. One of those members shall serve | ||
| as chair of the council. The board of trustees may also appoint one | ||
| or more persons to serve as nonvoting members of the council from | ||
| any of the following groups: | ||
| (1) classroom teachers employed by the district; | ||
| (2) librarians employed by the district; | ||
| (3) school counselors certified under Subchapter B, | ||
| Chapter 21, employed by the district; | ||
| (4) school administrators employed by the district; | ||
| (5) district students; | ||
| (6) the business community; and | ||
| (7) the clergy. | ||
| (f) The local school library advisory council shall meet at | ||
| least two times each year. For each meeting, the council shall: | ||
| (1) at least 72 hours before the meeting: | ||
| (A) post notice of the date, hour, place, and | ||
| subject of the meeting on a bulletin board in the central | ||
| administrative office of each campus in the school district; and | ||
| (B) ensure that the notice required under | ||
| Paragraph (A) is posted on the district's Internet website, if the | ||
| district has an Internet website; | ||
| (2) prepare and maintain minutes of the meeting that | ||
| state the subject and content of each deliberation and each vote, | ||
| order, decision, or other action taken by the council during the | ||
| meeting; | ||
| (3) make an audio or video recording of the meeting; | ||
| and | ||
| (4) not later than the 10th day after the meeting, | ||
| submit the minutes and audio or video recording of the meeting to | ||
| the district. | ||
| (g) As soon as practicable after receipt of the minutes and | ||
| audio or video recording under Subsection (f)(4), the school | ||
| district shall post the minutes and audio or video recording on the | ||
| district's Internet website, if the district has an Internet | ||
| website. | ||
| Sec. 33.027. ACQUISITION OF LIBRARY MATERIALS. (a) The | ||
| board of trustees of a school district shall adopt a policy for the | ||
| acquisition of library materials, including procedures for the | ||
| procurement of library materials and the receipt of donated library | ||
| materials. The policy must require the board to: | ||
| (1) approve all library materials that have been | ||
| donated to or that are to be procured by a school library in the | ||
| district, with the advice and recommendations of the district's | ||
| local school library advisory council established under Section | ||
| 33.026; | ||
| (2) make the list of library materials that have been | ||
| donated to or that are proposed to be procured by a school library | ||
| accessible for review by the public for at least 30 days before | ||
| final approval; | ||
| (3) approve or reject the list of library materials | ||
| that have been donated to or that are proposed to be procured by a | ||
| school library in an open meeting; and | ||
| (4) ensure compliance with the library standards | ||
| approved under Section 33.021. | ||
| (b) Each member of the board of trustees of a school | ||
| district is entitled to: | ||
| (1) review each list of library materials that have | ||
| been donated to or that are proposed to be procured by a school | ||
| library in the district; and | ||
| (2) propose changes to each list described by | ||
| Subdivision (1) before the board votes to approve or reject the | ||
| list. | ||
| (c) A school district may not add a donated library material | ||
| to the school library catalog or otherwise make the donated library | ||
| material available for student use unless the board of trustees of | ||
| the district approves the addition of that donated library material | ||
| to the school library catalog for the grade levels for which the | ||
| material is intended. | ||
| (d) This section does not apply to library materials that | ||
| have been donated to or that are to be procured by a school library | ||
| that: | ||
| (1) replace a damaged copy of a library material that | ||
| is currently in the school library catalog; | ||
| (2) are additional copies of a library material that | ||
| is currently in the school library catalog; or | ||
| (3) have been approved for the same grade levels by the | ||
| board of trustees of the school district from a previous proposed | ||
| list of library materials. | ||
| Sec. 33.028. CHALLENGE OR APPEAL REGARDING LIBRARY | ||
| MATERIALS; LOCAL SCHOOL LIBRARY ADVISORY COUNCIL RECOMMENDATIONS. | ||
| (a) A parent of or person standing in parental relation to a | ||
| student enrolled in a school district, a person employed by the | ||
| district, or a person residing in the district may submit: | ||
| (1) to the district a written challenge to any library | ||
| material in the catalog of a school library in the district using | ||
| the form adopted under Subsection (c); or | ||
| (2) to the district's board of trustees an appeal of an | ||
| action taken by the district in response to a written challenge | ||
| received under Subdivision (1). | ||
| (b) Not later than the fifth day after the date on which a | ||
| school district receives a written challenge under Subsection | ||
| (a)(1), the district shall provide a copy of the challenge to the | ||
| district's local school library advisory council established under | ||
| Section 33.026. The council shall make a recommendation for action | ||
| by the district not later than the 90th day after the date on which | ||
| the council receives the copy. | ||
| (b-1) If the procedures recommended by the local school | ||
| library advisory council and adopted by the board of trustees | ||
| permit the appointment of library material review committees that | ||
| consist of persons who are not members of the council to review | ||
| materials challenged under Subsection (a)(1), the council may base | ||
| the council's recommendation for action to be taken by the district | ||
| under Subsection (b) on the recommendation of a library material | ||
| review committee if the committee consists of at least five persons | ||
| appointed by the board of trustees, a majority of whom are parents | ||
| of students enrolled in the school district and are not employed by | ||
| the district. | ||
| (c) The agency shall adopt and post on the agency's Internet | ||
| website a form to be used in making a written challenge under | ||
| Subsection (a)(1). Each school district shall post the form on the | ||
| district's Internet website, if the district has an Internet | ||
| website. The form shall require the person submitting the form to | ||
| identify how the challenged library material violates the library | ||
| standards approved under Section 33.021. | ||
| (d) In taking action on a written challenge submitted under | ||
| Subsection (a)(1) or an appeal under Subsection (a)(2), the board | ||
| of trustees of a school district shall consider: | ||
| (1) the advice of the district's local school library | ||
| advisory council; and | ||
| (2) whether the library material challenged under | ||
| Subsection (a)(1) or appealed under Subsection (a)(2) is suitable | ||
| for the subject and grade level for which the library material is | ||
| intended, including by considering: | ||
| (A) whether the material adheres to the library | ||
| standards approved under Section 33.021; and | ||
| (B) reviews, if any, of the material conducted by | ||
| academic experts specializing in the subject covered by the library | ||
| material or in the education of students in the subject and grade | ||
| level for which the library material is intended. | ||
| SECTION 4. It is the intent of the legislature that every | ||
| provision, section, subsection, sentence, clause, phrase, or word | ||
| in this Act, and every application of the provisions in this Act to | ||
| every person, group of persons, or circumstances, is severable from | ||
| each other. If any application of any provision in this Act to any | ||
| person, group of persons, or circumstances is found by a court to be | ||
| invalid for any reason, the remaining applications of that | ||
| provision to all other persons and circumstances shall be severed | ||
| and may not be affected. | ||
| SECTION 5. Before the first day of the 2024-2025 school | ||
| year, the board of trustees of each school district shall: | ||
| (1) establish and appoint members of the local school | ||
| library advisory council as required by Section 33.026, Education | ||
| Code, as added by this Act; and | ||
| (2) adopt a policy for the acquisition of library | ||
| materials as required by Section 33.027, Education Code, as added | ||
| by this Act. | ||
| SECTION 6. This Act applies beginning with the 2024-2025 | ||
| school year. | ||
| SECTION 7. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
