Prohibits an individual with a vested interest or government agency from having a cause of action against a library staff member who refuses to remove such library materials whether such library materials belongs to a school or public library.
STATE OF NEW YORK
________________________________________________________________________
7410
2025-2026 Regular Sessions
IN ASSEMBLY
March 25, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Libraries and Education Technology
AN ACT to amend the education law, in relation to prohibiting a cause of
action for refusing a request to remove library materials
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 275-a
2 to read as follows:
3 § 275-a. Refusal of a request to remove library materials. 1. For the
4 purposes of this section, the following terms shall have the following
5 meanings:
6 (a) "Individual with a vested interest" means any resident who is
7 served by the school or public library or resides in a county or munici-
8 pality where the school or public library is situated.
9 (b) "Library material" means any material including, but not limited
10 to, nonfiction and fiction books; magazines; reference books; supplemen-
11 tary titles; multimedia and digital material; software and instructional
12 material and other material not required as part of classroom instruc-
13 tion, belonging to, on loan to, or otherwise in the custody of a school
14 or public library.
15 (c) "Library staff member" means a school or public library media
16 specialist, librarian, any certificated or non-certificated staff member
17 assigned to duties in a school or public library, or any individual
18 conducting or assisting with the functions of a school or public library
19 media specialist or school or public librarian.
20 2. Where an individual with a vested interest or government agency
21 requests that library material be removed from a school or public
22 library and a library staff member fails to remove such library materi-
23 al, nothing in this section shall be construed as creating a cause of
24 action against such library staff member for failing to remove such
25 library material from a school or public library.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01814-02-5
