Arizona 2022 2022 Regular Session

Arizona House Bill HB2439 Comm Sub / Analysis

Filed 04/28/2022

                      	HB 2439 
Initials CH 	Page 1 	Transmitted 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
House: ED DPA 6-4-0-1 | 3rd Read 31-28-1-0 
Senate: ED DP 5-3-0-0 | 3rd Read 16-12-2-0 
Final Pass: 31-26-3-0  
 
HB 2439: school library books; parental review 
NOW: school library; review; policy 
Sponsor: Representative Pingerelli, LD 21 
Transmitted to the Governor 
Overview 
Instructs a school district governing board (governing board) and charter school governing body 
(governing body) to adopt procedures, beginning January 1, 2023, that provide parents access to 
a school's library collection and a list of books and materials their child borrows. Establishes public 
review and parental notification requirements for books purchased after January 1, 2023 for 
school libraries. 
History 
Governing boards must have policies to promote the involvement of parents of children enrolled 
within the school district. Statute dictates that these policies include procedures by which parents 
may: 1) learn about the course of study for their children and review learning materials; 2) 
withdraw their children from an activity or class if they object to any learning material or activity; 
and 3) learn about parental rights and responsibilities (A.R.S. § 15-102).  
For common schools and high schools, a governing board must approve the basic textbook for 
each course before implementing the course. If a course does not include a basic textbook, the 
governing board must approve all supplemental books used in the course. All meetings of 
committees authorized for the purposes of textbook review and selection or approval must be 
open to the public. A copy of each textbook must also be made available at the school district 
office for public review for at least 60 days before the selection or approval of the textbook (A.R.S. 
§§ 15-721, 15-722). 
Provisions 
1. Directs a governing board and governing body, beginning January 1, 2023, to adopt 
procedures, in consultation with parents, teachers and administrators, that: 
a) Provide parents access to a school's library collection of available books and materials; 
and  
b) Allow parents to receive a list of books and materials borrowed from the library by their 
children. (Sec. 1, 2) 
2. Includes, in the procedures by which parents may learn about parental rights and 
responsibilities a governing board must adopt, the right to public review of library books and 
materials. (Sec. 1) 
3. Mandates a governing board and governing body: 
a) Make available on the school district's or charter school's website, for public review and 
for at least 60 days after purchase, a list of all books and materials purchased after 
January 1, 2023 for any of the school libraries; and 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2439 
Initials CH 	Page 2 	Transmitted 
b) Ensure that each school notifies the parents of enrolled pupils of the opening and closing 
dates of the public review period within seven school days before the opening date. (Sec. 
2, 3) 
4. Instructs each district school or charter school site to, for public review and for at least 60 days 
after purchase, make available on the school's website a list of all books and materials 
purchased after January 1, 2023 for the school library. (Sec. 2, 3) 
5. Excludes the purchase of a book or material that is intended to replace a lost or damaged 
book from public review requirements. (Sec. 2, 3, 4) 
6. Exempts district schools and charter schools without a full-time library media specialist or an 
equivalent position and school district libraries that have agreements with county free library 
districts, municipal libraries, nonprofit and public libraries, tribal libraries, private schools and 
tribal schools from: 
a) Governing board or governing body procedures that provide parents access to a school's 
library collection of available books and materials and allow parents to receive a list of 
books and materials borrowed from the library by their children; and 
b) Public review and parental notification requirements regarding books and materials 
purchased after July 1, 2023 for a school library. (Sec. 1, 2, 3, 4) 
7. Makes technical changes. (Sec. 1, 3, 4) 
8. Makes conforming changes. (Sec. 1)