Arizona 2022 2022 Regular Session

Arizona House Bill HB2439 Comm Sub / Analysis

Filed 02/25/2022

                    Assigned to ED 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
FACT SHEET FOR H.B. 2439 
 
school library books; parental review 
Purpose 
Requires a school district governing board (governing board) and charter school governing 
body (governing body) to approve school library books and adopt procedures for a parent to access 
a school's library catalog and a list of materials their child borrows. Requires a governing board, 
governing body and each school to make available a list of all books after purchase approval for 
public review, subject to certain exemptions. 
Background 
Arizona's Parents' Bill of Rights reserves, to a parent of a minor child, the right to direct 
the education of the child without obstruction or interference from the state, a political subdivision, 
governmental entity or any other institution. A parent of a student in a public educational institution 
has the right to review learning materials and activities in advance and request to withdraw the 
student from an activity, class or program if the parent objects to the learning material or activity 
on the basis that it is harmful. A charter school that provides a complete list of materials each year 
before enrollment may require parents to waive their right to object as a condition of enrollment 
(A.R.S. §§ 1-602 and 15-113). 
A parent may request information relating to parental involvement procedures, rights and 
responsibilities during regular business hours as outlined. If the request is denied or the parent does 
not receive the information within 15 days, the parent may submit a written request to the 
governing body to be formally considered at the next scheduled public meeting. On written 
request, a school district must make instructional materials used or being considered for use 
available for parent or guardian review (A.R.S. §§ 15-102 and 15-730). 
A governing board must approve basic textbooks, supplemental books and instructional 
computer software before use in a high school or common school course. The governing board 
must: 1) make available, for 60 days for public review, a copy of each textbook being considered 
for selection at the school district office; and 2) require all committees authorized to review and 
select textbooks to be open to the public. For textbooks used for high school courses, the governing 
board must also provide information on the proposed textbooks on the school district website and 
provide opportunity for public comment for at least 60 days (A.R.S. §§ 15-721 and 15-722). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
   FACT SHEET 
H.B. 2439 
Page 2 
 
 
Provisions 
1. Requires each governing body and governing board for a common school and for a high school 
to: 
a) approve all books in each school library; 
b) adopt procedures, in consultation with parents, teachers and administrators, for parents to 
access the school's library catalog of available books or materials and receive a list of books 
or materials their child borrows from the library; 
c) make available on the charter school's or school district's website, for review by the public, 
a list of all books purchased for any of the charter school's or district's school libraries for 
at least 60 days after the purchase is approved; and  
d) ensure that each charter school site or school operated by the district notifies the parents of 
each enrolled pupil of the public review opening and closing dates within seven school 
days before the opening date. 
2. Requires each charter school site and school operated by a school district to make available, 
on its website for public review, all books purchased for the school library for at least 60 days 
after purchase approval.  
3. Exempts, from the public review requirements:  
a) the purchase of a book that is intended to replace a lost or damaged book; and 
b) schools without a full-time library media specialist or an equivalent position. 
4. Exempts, from public review and parental notification, school district libraries that have 
agreements with county free library districts, municipal libraries or other statutorily outlined 
libraries or school entities. 
5. Makes technical and conforming changes. 
6. Becomes effective on the general effective date. 
House Action 
ED 1/25/22 DPA  6-4-0-1 
3
rd
 Read 2/15/22  31-28-1 
Prepared by Senate Research 
February 25, 2022 
LB/MS/slp