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.
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.
LBD08435-01-5
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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.
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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;
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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; and
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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 a
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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.
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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.
