HB560INTRODUCED
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HB560
TBDM399-1
By Representative Givens
RFD: Education Policy
First Read: 10-Apr-25
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5 TBDM399-1 04/10/2025 GP (L)lg 2025-1403
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First Read: 10-Apr-25
SYNOPSIS:
This bill would require each local board of
education to adopt a policy: (i) prohibiting the
possession, acquisition, or purchase of library
materials that are harmful to minors; (ii) requiring
the local board to approve any library material before
it may be placed in a school library catalog in the
district; and (iii) allowing parents to access school
library catalogs and the library records of their
child.
This bill would require each local board of
education to establish a local school library advisory
council and consider its recommendations relating to
the acquisition of library materials and school library
policies.
This bill would establish a mechanism for
parents, employees of the local board of education, or
residents of the school district to challenge the
appropriateness of library materials, and would require
the challenged material to be permanently removed if
the board approves the challenge.
This bill would allow parents to submit a list
of library materials that their child may not check out
from the school library.
This bill would also authorize the State Board
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This bill would also authorize the State Board
of Education to adopt rules.
A BILL
TO BE ENTITLED
AN ACT
Relating to public school libraries; to provide
definitions; to require local boards of education to adopt
policies prohibiting the acquisition of library materials that
are harmful to minors; to require local boards of education to
approve library materials before they may be placed in school
library catalogs; to require local boards of education to
establish a local advisory council and consider the
recommendations of the advisory council; to provide a
mechanism to submit a written challenge for school library
materials; to provide for the rights of parents relating to
their child's access to library materials; and to authorize
the State Board of Education to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) HARMFUL TO MINORS. The same meaning as provided in
Section 13A-12-200.1, Code of Alabama 1975.
(2) LIBRARY MATERIAL. Any book, record, file, or other
instrument or document in a public school library catalog. The
term does not include classroom instructional material.
(3) LOCAL BOARD OF EDUCATION or LOCAL BOARD. The
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(3) LOCAL BOARD OF EDUCATION or LOCAL BOARD. The
governing body of a public K-12 school or public charter
school.
(4) LOCAL SCHOOL ADVISORY COUNCIL or ADVISORY COUNCIL.
The local school advisory council created pursuant to Section
2.
(5) PARENT. The parent or legal guardian of a student
enrolled at a public K-12 school.
Section 2. (a) No later than October 1, 2026, each
local board of education shall establish a local school
library advisory council to assist the local board of
education in ensuring that local community values are
reflected in each school library catalog in the district. Each
local school library advisory council shall have duties
including, but not limited to, recommending all of the
following to the local board of education:
(1) Policies and procedures for the acquisition of
library materials consistent with local community values.
(2) Whether library materials proposed for acquisition
are appropriate for each grade level of the school or campus
for which the library materials are proposed to be acquired.
(3) If feasible, joint use agreements or strategies for
collaboration between the local board of education and local
public libraries and community organizations.
(4) The removal of any library materials that the
council determines to be harmful to minors or inconsistent
with local community values.
(5) Policies and procedures for processing written
challenges received under Section 4, and the action to be
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challenges received under Section 4, and the action to be
taken by the local board of education in response to a
challenge.
(b)(1) Each local school library advisory council must
consist of at least five members, provided that each member of
the local board of education shall appoint an equal number of
members to the council. A majority of voting members of the
advisory council must be parents of students enrolled in the
district who are not employed by the local board of education.
The local board shall designate one of the council members to
serve as chair.
(2) Each local board may also appoint one or more of
the following individuals to serve as nonvoting members of the
council:
a. Classroom teachers employed by the local board of
education.
b. Librarians employed by the local board of education.
c. School counselors.
d. School administrators employed by the local board of
education.
e. Representatives from the business community.
f. Members of the clergy.
(c) Each local board shall consider the recommendations
of the advisory council before:
(1) Adding library materials to a school library
catalog;
(2) Removing library materials from a school library
catalog following a written challenge; and
(3) Making changes to policies or guidelines related to
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(3) Making changes to policies or guidelines related to
a school library catalog.
(d)(1) Each advisory council shall meet at least twice
each year and at other times as necessary to fulfill its
duties. Each advisory council shall meet in advance of any
meeting of the local board of education where library
materials are up for a vote in order to determine the advisory
council's recommendation on the materials. The meeting may
occur during the period the list is available for public
review under Section 3(a).
(2) For each meeting, the advisory council shall:
a. Comply with the notice requirements provided in the
Open Meetings Act, Chapter 25A of Title 36, Code of Alabama
1975;
b. Make an audio and video recording;
c. Prepare and maintain minutes that, at a minimum,
state the subject and content of each deliberation and each
vote, order, decision, or other action taken by the council;
and
d. No later than 10 days after the meeting, submit the
minutes and audio or video records to the local board of
education.
(e) As soon as practicable, each local board of
education shall post the minutes and audio or video recordings
of each advisory council meeting on the website of the local
board of education.
Section 3. (a) No later than October 1, 2025, each
local board of education shall adopt a policy for the
acquisition of library materials. The policy shall only apply
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acquisition of library materials. The policy shall only apply
to library materials acquired on or after October 1, 2025, and
must include, at a minimum, all of the following:
(1) A collection development policy that prohibits the
possession, acquisition, or purchase of library materials that
are harmful to minors.
(2) Except as provided by subsection (b), procedures
for the procurement of library materials and the receipt of
donated library materials, provided that the following
procedures must be included:
a. The local board of education must approve any
library material that has been donated to or which is to be
procured by a school library in the district before it may be
placed in a school library catalog. In determining whether to
approve or reject a library material, the local board shall
consider the advice and recommendations of the local school
library advisory council.
b. If the local board rejects the acquisition of a
library material, the material may not be placed in any school
library catalog in the district.
c. No donated library materials may be placed in a
school library catalog unless the local board approved the
addition of the library material for the grade levels for
which the material is intended.
(3) The maintenance and publication of a list of all
library materials that have been donated to or which are
proposed to be procured by a school library in the district.
The list must be available for review by the public at least
30 days before the local board of education votes on final
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30 days before the local board of education votes on final
approval of the materials on that list.
(4) That votes whether to approve or reject library
materials for inclusion in a school library must be made by
members of the local board of education in a meeting that is
open to the public. Library materials may be approved or
rejected individually, or in groups reflecting the lists
published under subdivision (3). If the local board votes on
library materials as a group, each board member must be given
the opportunity to review the list of materials that are up
for a vote and propose changes to the list in advance of the
vote.
(b) This section does not apply to library materials
that have been donated to or which are to be procured by a
school library that:
(1) Replace a damaged copy of a library material with
the same International Standard Book Number that is currently
in the school library catalog;
(2) Are additional copies of a library material with
the same International Standard Book Number that is currently
in the school library catalog; or
(3) Have the same International Standard Book Number
and have previously been approved for the same grade levels by
the local board of education.
Section 4. (a)(1) A parent of a student enrolled in a
public K-12 school, an individual employed by the local board
of education, or an individual residing in the school district
may submit a written challenge to the local board of education
regarding any library material in the catalog of a school
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regarding any library material in the catalog of a school
library under the purview of the local board of education.
(2) The State Board of Education shall adopt and
publish a form for written challenges. The form shall require
the individual submitting the form to identify how the
challenged material violates the library standards of the
local board of education or is harmful to minors.
(b) No later than five business days after the local
board of education receives a written challenge under this
section, the local board shall provide a copy of the challenge
to the local school library advisory council. The advisory
council shall review the challenge and make a recommendation
for action no later than 90 days after the date on which the
advisory council receives the copy.
(c) At the first meeting of the local board of
education after it receives the advisory council's
recommendation on a written challenge, the local board shall
vote whether to accept or reject the challenge. In taking
action on a written challenge, the local board shall consider
all of the following:
(1) The advice of the local school library advisory
council.
(2) Whether the challenged library material is suitable
for the subject and grade level for which the library material
is intended by considering factors including, but not limited
to, the following:
a. Whether the library material adheres to the local
board of education's collection development policy.
b. Whether the library material is harmful to minors.
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b. Whether the library material is harmful to minors.
c. Any reviews of the library 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.
(d) A local board of education that receives a written
challenge to a library material shall prohibit students
enrolled in the district from accessing the library material
until the district takes action in response to the challenge.
(e)(1) If the local board of education approves the
challenge, the library material shall be permanently removed
from the school library catalog, and the local board shall:
(i) notify each teacher assigned to the relevant grade level
of the determination; and (ii) require that any copy of the
library material be removed from the teacher's classroom
library.
(2) If the challenge is rejected, the local board is
not required to take any further action in response to the
challenge, and the library material shall be returned to the
library catalog.
Section 5. No later than October 1, 2025, each local
board of education shall adopt policies reflecting the
following:
(1) Parents may access the catalog of available library
materials at each public school under the purview of the local
board of education.
(2) Parents may access a record of each time the
parent's child checks out library material or otherwise uses
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parent's child checks out library material or otherwise uses
library material outside of the school library.
(3) If the local board of education uses a learning
management system or online learning portal, the local board,
through the system or portal, shall provide each parent of a
student enrolled in the district a record of each time the
student checks out or otherwise uses any library material
outside of the school library. The record must include, as
applicable, the title, author, genre, and return date of the
library material.
(4)a. Each parent may submit a list of library
materials that his or her child may not check out or otherwise
access for use outside of the school library. Each local board
of education must allow for a parent to submit the list of
library materials through an electronic form, a physical form,
or the local board's or school's online library catalog
system.
b. If a student's parent has included a library
material in a list submitted under subdivision (1), the
student may not check out the library material or otherwise
use the library material outside of the school library.
Section 6. The State Board of Education may adopt rules
to implement and administer this act.
Section 7. This act shall become effective on October
1, 2025.
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