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A BILL TO BE ENTITLED
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AN ACT
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relating to a school district's library materials and catalog, the |
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creation of local school library advisory councils, and parental |
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rights regarding public school library catalogs and access by the |
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parent's child to library materials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.004(b), Education Code, is amended to |
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read as follows: |
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(b) A parent is entitled to access to all written records of |
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a school district concerning the parent's child, including: |
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(1) attendance records; |
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(2) test scores; |
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(3) grades; |
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(4) disciplinary records; |
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(5) counseling records; |
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(6) psychological records; |
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(7) applications for admission; |
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(8) health and immunization information; |
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(9) teacher and school counselor evaluations; |
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(10) reports of behavioral patterns; [and] |
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(11) records relating to assistance provided for |
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learning difficulties, including information collected regarding |
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any intervention strategies used with the child; and |
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(12) records relating to school library materials the |
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child obtains from a school library. |
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SECTION 2. Chapter 26, Education Code, is amended by adding |
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Section 26.017 to read as follows: |
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Sec. 26.017. NOTICE REGARDING SCHOOL LIBRARY MATERIALS. |
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(a) Before each school year, a school district shall provide |
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written notice to a parent of each child enrolled in the district |
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regarding the option to receive notice each time the child obtains a |
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school library material from a school library in the district. |
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(b) For each parent who elects to receive notice under |
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Subsection (a), the school district shall notify the parent by |
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e-mail each time the parent's child obtains a school library |
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material from a school library in the district. The notice must |
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include, as applicable, the title, author, genre, and return date |
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of the school library material. |
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SECTION 3. Subchapter B, Chapter 33, Education Code, is |
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amended by adding Section 33.020 to read as follows: |
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Sec. 33.020. DEFINITIONS. In this subchapter: |
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(1) "Harmful material" has the meaning assigned by |
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Section 43.24, Penal Code. |
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(2) "Indecent content" means content that portrays |
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sexual or excretory organs or activities in a way that is patently |
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offensive. |
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(3) "Library material" means any book, record, file, |
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or other instrument or document in a school district's library |
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catalog. The term does not include instructional material, as |
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defined by Section 31.002, or materials procured for the TexShare |
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consortium under Subchapter M, Chapter 441, Government Code. |
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(4) "Profane content" means content that includes |
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grossly offensive language that is considered a public nuisance. |
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SECTION 4. Section 33.021, Education Code, is amended to |
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read as follows: |
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Sec. 33.021. LIBRARY STANDARDS. (a) The Texas State |
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Library and Archives Commission[, in consultation with the State |
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Board of Education,] shall submit proposed [adopt] standards for |
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school library services to the State Board of Education for |
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approval or disapproval. |
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(b) The standards approved under Subsection (a) must |
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include a collection development policy that: |
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(1) prohibits the acquisition or retention of: |
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(A) harmful material; and |
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(B) material containing indecent content or |
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profane content; |
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(2) demonstrates a commitment to compliance with the |
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Children's Internet Protection Act (Pub. L. No. 106-554), |
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including through the use of technology protection measures, as |
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defined by that Act; and |
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(3) prohibits the removal of library materials solely |
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because of the ideas expressed in the library materials. |
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(c) A school district shall adhere to [consider] the |
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standards approved under Subsection (a) in developing, |
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implementing, or expanding library services. |
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(d) A school district may adopt local policies and |
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procedures in addition to the standards approved under Subsection |
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(a) that do not conflict with the standards approved under |
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Subsection (a) or other requirements of this code. |
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SECTION 5. Subchapter B, Chapter 33, Education Code, is |
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amended by adding Sections 33.026, 33.027, and 33.028 to read as |
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follows: |
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Sec. 33.026. LOCAL SCHOOL LIBRARY ADVISORY COUNCIL. (a) |
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The board of trustees of each school district shall establish a |
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local school library advisory council to assist the district in |
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ensuring that local community values are reflected in each school |
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library catalog in the district. |
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(b) Except as provided by Section 33.027(c), a school |
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district must consider the recommendations of the local school |
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library advisory council before: |
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(1) adding library materials to a school library |
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catalog; |
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(2) removing library materials from a school library |
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catalog following a challenge under Section 33.028; or |
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(3) making changes to policies or guidelines related |
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to a school library catalog. |
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(c) The local school library advisory council's duties |
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include recommending: |
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(1) policies and procedures for the procurement of |
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library materials consistent with local community values; |
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(2) library materials appropriate for each grade |
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level; |
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(3) if feasible, joint use agreements or strategies |
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for collaboration between the school district and local public |
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libraries and community organizations; |
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(4) the removal of any library materials that the |
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council determines to be: |
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(A) harmful material or material containing |
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indecent content or profane content; or |
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(B) inconsistent with local community values; |
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(5) the policies and procedures for processing |
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challenges received under Section 33.028; and |
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(6) the action to be taken by the district in response |
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to a challenge received under Section 33.028. |
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(d) Any recommendation made by the local school library |
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advisory council must adhere to the library standards approved |
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under Section 33.021. |
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(e) The local school library advisory council must consist |
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of at least five members, with each member appointed by the board of |
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trustees, and with each trustee appointing an equal number of |
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members. A majority of the voting members of the council must be |
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persons who are parents of students enrolled in the district and who |
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are not employed by the district. One of those members shall serve |
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as chair of the council. The board of trustees may also appoint one |
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or more persons to serve as nonvoting members of the council from |
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any of the following groups: |
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(1) classroom teachers employed by the district; |
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(2) librarians employed by the district; |
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(3) school counselors certified under Subchapter B, |
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Chapter 21, employed by the district; |
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(4) school administrators employed by the district; |
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(5) district students; |
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(6) the business community; and |
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(7) the clergy. |
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(f) The local school library advisory council shall meet at |
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least two times each year. For each meeting, the council shall: |
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(1) at least 72 hours before the meeting: |
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(A) post notice of the date, hour, place, and |
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subject of the meeting on a bulletin board in the central |
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administrative office of each campus in the school district; and |
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(B) ensure that the notice required under |
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Paragraph (A) is posted on the district's Internet website, if the |
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district has an Internet website; |
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(2) prepare and maintain minutes of the meeting that |
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state the subject and content of each deliberation and each vote, |
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order, decision, or other action taken by the council during the |
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meeting; |
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(3) make an audio or video recording of the meeting; |
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and |
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(4) not later than the 10th day after the meeting, |
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submit the minutes and audio or video recording of the meeting to |
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the district. |
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(g) As soon as practicable after receipt of the minutes and |
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audio or video recording under Subsection (f)(4), the school |
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district shall post the minutes and audio or video recording on the |
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district's Internet website, if the district has an Internet |
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website. |
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Sec. 33.027. PROCUREMENT OF LIBRARY MATERIALS. (a) The |
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board of trustees of a school district shall adopt a policy for the |
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procurement of library materials. The policy must require the |
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board to: |
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(1) approve all library materials to be procured by a |
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school library in the district, with the advice and recommendations |
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of the district's local school library advisory council established |
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under Section 33.026; |
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(2) make the list of library materials proposed to be |
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procured accessible for review by the public for at least 30 days |
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before final approval; |
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(3) approve or reject the list of library materials |
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proposed to be procured in an open meeting; and |
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(4) ensure compliance with the library standards |
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approved under Section 33.021. |
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(b) Each member of the board of trustees of a school |
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district is entitled to: |
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(1) review each list of library materials proposed to |
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be procured for a school library in the district; and |
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(2) propose changes to each list described by |
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Subdivision (1) before the board votes to approve or reject the |
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list. |
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(c) This section does not apply to library materials to be |
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procured by a school library that: |
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(1) replace a damaged copy of a library material that |
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is currently in the school library catalog; |
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(2) are additional copies of a library material that |
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is currently in the school library catalog; or |
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(3) have been approved by the board of trustees of the |
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school district from a previous list of library materials proposed |
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to be procured for the same grade levels. |
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Sec. 33.028. CHALLENGE OR APPEAL REGARDING LIBRARY |
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MATERIALS; LOCAL SCHOOL LIBRARY ADVISORY COUNCIL RECOMMENDATIONS. |
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(a) A parent of or person standing in parental relation to a |
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student enrolled in a school district, a person employed by the |
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district, or a person residing in the district may submit: |
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(1) to the district a written challenge to any library |
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material in the catalog of a school library in the district using |
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the form adopted under Subsection (c); or |
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(2) to the district's board of trustees an appeal of an |
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action taken by the district in response to a written challenge |
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received under Subdivision (1). |
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(b) Not later than the fifth day after the date on which a |
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school district receives a written challenge under Subsection |
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(a)(1), the district shall provide a copy of the challenge to the |
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district's local school library advisory council established under |
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Section 33.026. The council shall make a recommendation for action |
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by the district not later than the 90th day after the date on which |
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the council receives the copy. |
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(b-1) If the procedures recommended by the local school |
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library advisory council and adopted by the board of trustees |
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permit the appointment of library material review committees that |
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consist of persons who are not members of the council to review |
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materials challenged under Subsection (a)(1), the council may base |
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the council's recommendation for action to be taken by the district |
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under Subsection (b) on the recommendation of a library material |
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review committee if the committee consists of at least five persons |
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appointed by the board of trustees, a majority of whom are parents |
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of students enrolled in the school district and are not employed by |
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the district. |
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(c) The agency shall adopt and post on the agency's Internet |
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website a form to be used in making a written challenge under |
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Subsection (a)(1). Each school district shall post the form on the |
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district's Internet website, if the district has an Internet |
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website. The form shall require the person submitting the form to |
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identify how the challenged library material violates the library |
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standards approved under Section 33.021. |
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(d) In taking action on a written challenge submitted under |
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Subsection (a)(1) or an appeal under Subsection (a)(2), the board |
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of trustees of a school district shall consider: |
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(1) the advice of the district's local school library |
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advisory council; and |
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(2) whether the library material challenged under |
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Subsection (a)(1) or appealed under Subsection (a)(2) is suitable |
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for the subject and grade level for which the library material is |
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intended, including by considering: |
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(A) whether the material adheres to the library |
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standards approved under Section 33.021; and |
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(B) reviews, if any, of the material conducted by |
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academic experts specializing in the subject covered by the library |
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material or in the education of students in the subject and grade |
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level for which the library material is intended. |
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SECTION 6. It is the intent of the legislature that every |
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provision, section, subsection, sentence, clause, phrase, or word |
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in this Act, and every application of the provisions in this Act to |
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every person, group of persons, or circumstances, is severable from |
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each other. If any application of any provision in this Act to any |
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person, group of persons, or circumstances is found by a court to be |
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invalid for any reason, the remaining applications of that |
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provision to all other persons and circumstances shall be severed |
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and may not be affected. |
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SECTION 7. Before the first day of the 2023-2024 school |
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year, the board of trustees of each school district shall: |
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(1) establish and appoint members of the local school |
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library advisory council as required by Section 33.026, Education |
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Code, as added by this Act; and |
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(2) adopt a policy for the procurement of library |
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materials as required by Section 33.027, Education Code, as added |
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by this Act. |
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SECTION 8. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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