Requires boards of education to adopt written policies for reconsideration of school library materials following complaints regarding such materials; requires the commissioner of education to develop one or more model policies for school districts.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9537
SPONSOR: Simone TITLE OF BILL:
An act to amend the education law, in relation to enacting the "freedom
to read act"
SUMMARY OF PROVISIONS::
This bill adds a new section to the Education Law governing school
library materials. It requires boards of education to adopt and publicly
post written policies for the development of school library collections
and for the reconsideration of library materials. It establishes basic
procedural requirements for handling challenges to library materials,
including review committees, timelines, appeal pathways, and transparen-
cy.
The bill prohibits the removal or restriction of library materials based
solely on disagreement with ideas, viewpoints, or identities, and
ensures that materials remain available while under review. It protects
school library staff from discipline when acting in reasonable reliance
on district policy, while preserving the supervisory authority of boards
of education and superintendents. The bill directs the Commissioner of
Education to promulgate implementing regulations and develop model poli-
cies, and authorizes school library systems to provide additional guid-
ance.
JUSTIFICATION::
In recent years, school libraries have increasingly become targets of
organized efforts to restrict access to materials based on viewpoint,
identity, or political disagreement. These efforts are often framed as
concern or protection, but in practice they can function to remove
certain ideas or experiences from shared public spaces. Censorship rare-
ly announces itself openly. More often, it works through pressure and
uncertainty, exploiting unclear rules and fear of controversy.
The Freedom to Read Act responds to this moment directly. It affirms
that decisions about school library materials should be guided by
professional standards and publicly adopted policies, not by political
pressure. It ensures that challenges to library materials are handled
through fair, transparent procedures that respect community input while
safeguarding access to ideas. It makes clear that materials cannot be
removed simply because someone disagrees with the ideas they express or
the identities they reflect.
Clear procedures matter because they make decisions predictable and
fair. They give families a defined way to raise concerns and ensure
those concerns are addressed consistently. They give educators guidance
they can rely on. And they reduce the risk that access to materials
turns on pressure, fear of controversy, or uneven treatment across
districts.
At the same time, this bill respects local governance. Boards of educa-
tion retain the authority to adopt policies and make final decisions.
Superintendents retain supervisory authority over staff. The bill does
not mandate specific titles, viewpoints, or collections. It does not
impose uniformity. Instead, it establishes a clear framework so disa-
greements are resolved through process rather than pressure.
The free flow of ideas is essential to a democratic society. Even in a
digital age, many of the ideas that shape how we understand the world
still reach us the same way they always have: as words on a page.
School libraries are one of the first places where young people encount-
er ideas outside an assignment, a classroom discussion, or an adult's
explanation. They are places where curiosity leads, where students
discover voices, histories, and perspectives they did not already know
to seek out.
That role matters. A democracy depends on citizens who can encounter
unfamiliar ideas, question them, and think critically about what they
mean. That process is not always comfortable. But discomfort is some-
times necessary for developing the mind. Exposure to ideas is not indoc-
trination. Inquiry is not a threat. Students do not become thoughtful
participants in civic life by being shielded from complexity, but by
learning how to engage it.
New York has long recognized this. Our state has a deep tradition of
opposing censorship and insisting that ideas be met with discussion
rather than suppression. That tradition lives in our public libraries,
our schools, and our respect for academic freedom. School librarians are
trained professionals whose work is not simply custodial, but inten-
tional. They build collections that support literacy, learning, and
intellectual growth, guided by professional standards and an understand-
ing of their school communities. Their role is central to education and
deserves clarity, respect, and protection.
New York's students deserve access to knowledge, not narrowed shelves.
Librarians deserve the ability to do their work without fear. Schools
deserve guidance that reduces conflict rather than inflaming it. This
bill advances all three.
LEGISLATIVE HISTORY::
This bill follows prior legislation addressing similar subject matter
and incorporates feedback raised during that process.
FISCAL IMPLICATIONS::
Minimal,
EFFECTIVE DATE::
July 1 after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
9537
IN ASSEMBLY
January 14, 2026
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to enacting the "freedom
to read act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "freedom to read act".
3 § 2. The education law is amended by adding a new section 414-a to
4 read as follows:
5 § 414-a. School library materials. 1. (a) Each board of education
6 shall adopt a written policy for the reconsideration of school library
7 materials. Such policy shall explain: (i) how complaints regarding
8 library materials may be submitted; (ii) who is responsible for review-
9 ing complaints; and (iii) how a final decision is made.
10 (b) A policy adopted pursuant to paragraph (a) of this subdivision
11 shall include a general timeline for the review procedure and provide
12 for the creation of a reconsideration committee to review complaints
13 regarding school library materials. Such reconsideration committee shall
14 be composed of at least one of each of the following, and each which
15 shall be affiliated with the relevant school district, and may be a
16 standing committee at the discretion of the district: (i) a certified
17 librarian or library media specialist; (ii) a teacher; (iii) a school
18 administrator; (iv) a parent; and (v) where possible, a student.
19 (c) A policy adopted pursuant to paragraph (a) of this subdivision
20 shall further provide for a final appeal to the board of education. Such
21 policy shall also provide notice on the right to file appeals to the
22 commissioner pursuant to section three hundred ten of this chapter. All
23 decisions shall follow the school district's written policies and shall
24 not be based solely on disagreement with the ideas, viewpoints, or iden-
25 tities represented in the material. Such policy shall be made available
26 on the school district's website.
27 2. No library material shall be removed or restricted solely because
28 of disagreement with the themes, ideas, or viewpoints expressed in it or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14305-02-5
A. 9537 2
1 because of the identities of the author, subject, or characters. Removal
2 or restriction shall comply with the school district's adopted policies
3 and the material shall not be removed from its location within the
4 library and shall remain available to reserve, check out, or access
5 while it is under review.
6 3. No library media specialist or other school employee shall face
7 disciplinary action for selecting, retaining, or recommending materials
8 in reasonable reliance on the school district's adopted policies. This
9 shall not limit the superintendent's or board of education's general
10 supervisory authority over employees, as long as such supervision is not
11 based on disagreement with the viewpoints in materials.
12 4. The commissioner, in consultation with the state librarian and
13 other stakeholders, shall promulgate regulations for the implementation
14 of this section and shall develop one or more model policies for use by
15 school districts.
16 5. School library systems, as established pursuant to section two
17 hundred eighty-two of this chapter, shall develop and make available
18 model policies for use by school districts. Such model policies may
19 include sample collection-development policies and sample reconsider-
20 ation procedures. School districts may adopt or adapt such models.
21 § 3. This act shall take effect on the first of July next succeeding
22 the date on which it shall have become a law. Effective immediately, the
23 addition, amendment and/or repeal of any rule or regulation necessary
24 for the implementation of this act on its effective date are authorized
25 to be made and completed on or before such effective date.
