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OLR Bill Analysis
sSB 1271
AN ACT CONCERNING SCHOOL AND PUBLIC LIBRARIES.
SUMMARY
This bill requires local and regional boards of education (“school
boards”) and public library boards of trustees or other governing bodies
(“governing bodies”) to each adopt policies on (1) collection
development and maintenance, (2) library display and programs, and
(3) library material review and reconsideration. Under current law,
public libraries (but not school libraries) must adopt collection
development, collection management, and collection reconsideration
policies to be eligible for state grants; under the bill they must instead
adopt policies meeting the bill’s requirements.
The bill requires the policies to, among other things, ensure that
library materials are evaluated and made accessible to conform with
applicable state non-discrimination laws, which generally prohibit
discrimination based on race, color, sex, gender identity, religion,
national origin, sexual orientation, or disability. It also specifically
requires the policies adopted under the bill to, among other things:
1. recognize that library and other materials should represent a
wide range of varied and diverging viewpoints;
2. establish a process for receiving, considering, and making
decisions on requests for reconsideration or removal of library
material and a process for appealing decisions; and
3. prohibit removing library material (a) on the sole basis that
someone finds the book offensive or (b) because of the origin,
background or viewpoints of the material’s creator or as
expressed in the material.
The bill’s policy requirements for school boards and public library 2025SB-01271-R000204-BA.DOCX
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governing bodies are largely the same in content and procedures, but
there are some requirements specific to the different policies. For
example, the school policy must (1) address student access to age-
appropriate and grade-level-appropriate material and (2) require a
superintendent who receives a reconsideration request to appoint a
library material review committee to consider the request.
Lastly, the bill also grants employees immunity from liability when
they perform their duties under the bill and allows them to bring legal
action for defamation or damage to their reputations related to the same.
EFFECTIVE DATE: Upon passage
DEFINITIONS
The bill defines “library and other educational material” as any
material belonging to, on loan to, or in the custody of a school library
media center or public library, including nonfiction and fiction books,
magazines, reference books, supplementary titles, multimedia and
digital material, and software. In the case of school libraries, it also
includes other material not required as part of classroom instruction.
An “individual with a vested interest” is (1) for school policies, a
school staff member employed by a school board, a student enrolled
when a reconsideration form is filed, or a parent or guardian of such a
student and (2) for public libraries, a resident of the town where the
public library is located or the town in which the contract library is
located when the reconsideration form is filed.
REQUIRED LIBRARY POL ICIES
General Requirements
The bill requires school boards and public library governing bodies
to each adopt, for their respective libraries, a (1) library collection
development and maintenance policy, (2) library display and program
policy, and (3) library material review and reconsideration policy. The
bill requires that these policies ensure that library materials are
evaluated and made accessible so they conform with applicable state
laws prohibiting discrimination based on race, color, sex, gender 2025SB-01271-R000204-BA.DOCX
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identity, religion, national origin, sexual orientation, or disability.
Under the bill, in developing each policy, the school boards and
governing bodies have control over the content of the policy, as long as
the policies conform with the bill’s provisions. Each school board and
public library governing body must review, and update as necessary,
each policy every five years.
Collection Development and Maintenance Policy
The bill requires collection development and maintenance policies for
both schools and public libraries to:
1. recognize that library and other materials should (a) be provided
for students’ or residents’ (as applicable) interest, information,
and enlightenment and (b) represent a wide range of varied and
diverging viewpoints in the collection;
2. recognize the school library media center’s or public library’s
importance as a place for voluntary inquiry, disseminating
information and ideas, and promoting free expression and free
access to ideas by students or residents, as applicable;
3. establish a procedure for certified school library media specialists
or public librarians to continually review library and other
material within a school library media center or public library (as
applicable) using professionally accepted standards, including
the material’s relevance, physical condition, availability of
duplicates or copies, availability of more recent age-appropriate
or grade-level-appropriate material, and continued demand for
the material; and
4. acknowledge that librarians and school library media specialists
are professionally trained to curate and develop collections
providing the widest array of library and other materials.
School Specific Requirements. For schools, the bill includes an
additional requirement. The policy must require giving students access
to (1) age-appropriate and grade-level-appropriate material and (2) 2025SB-01271-R000204-BA.DOCX
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library and other educational materials that are relevant to students’
research, independent reading interests, and educational needs based
on a student’s age, development, or grade level. School policies must
acknowledge that school library media specialists are professionally
trained to curate a collection providing age-appropriate and grade-
level-appropriate library and other materials.
Library Display and Program Policy
The bill requires the library display and program policy for both
schools and public libraries to:
1. recognize that library displays should (a) be provided for
students’ and residents’ (as applicable) interest, information, and
enlightenment; (b) represent a wide range of varied and
diverging viewpoints; and (c) provide access to content that is
relevant to students’ or residents’ research, independent
interests, and educational needs;
2. recognize the importance of displays and programs as resources
for voluntary inquiry, disseminating information and ideas, and
promoting free expression and free access to ideas; and
3. acknowledge that a school library media specialist or public
librarian is professionally trained to curate and develop displays
and programs.
Policy Differences. Additionally, the bill requires the school policies
to recognize that displays should give students access to age-
appropriate and grade-level-appropriate content and acknowledge that
library media specialists are trained to develop these age-appropriate
displays and programs.
The display policy for public libraries must make a distinction
between displays and programs created or curated by library staff and
those that are created or curated by the public or community groups and
exhibited at the public library.
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Library Material Review and Reconsideration Policy
Under the bill, the library material review and reconsideration
policies must include a process for requesting that library materials be
removed, create a reconsideration request form, details of the request
process including a 60-day deadline for the library material review
committee or the library director to issue a decision on removal, and an
appeals process.
Under the bill, “remove” means deliberately taking library material
out of a library’s collection, but does not include the process of clearing
no longer useful materials out of the collection.
Requirements Applicable to Both Schools and Public Libraries.
The bill requires the reconsideration policy for both schools and public
libraries to:
1. establish a process for individuals with a vested interest to
challenge any library and other educational material, display, or
program;
2. prohibit removing library material, displays, or programs (or, in
the case of programs, cancelling them) because of the origin,
background, or viewpoints expressed in the material, display, or
program, or because of the origin, background, or viewpoints of
the material’s creator;
3. require that library materials, displays, and programs can only
be excluded for legitimate educational purposes or for
professionally accepted standards of collection maintenance
practices adopted under the collection development and
maintenance policy or the display and program policy;
4. require that any process for petitioners to challenge any library
material, display, or program cannot favor nor disfavor any
group based on protected characteristics;
5. require the individual submitting the request for reconsideration
to include his or her full legal name, address, and telephone 2025SB-01271-R000204-BA.DOCX
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number;
6. require that any library material being challenged remain
available in the library media center or library according to its
catalog record and be available for students or residents to
reserve, check out, or access until the review committee or library
director makes a final decision;
7. permit a school district or library director, as applicable, to
consolidate any requests for review and reconsideration of the
same challenged library material; and
8. prohibit the removal, exclusion, or censoring of any book on the
sole basis that someone finds the book offensive.
Reconsideration Request and Appeals Process Policy Differences
While the polices for school libraries and public libraries are broadly
similar under the bill, there are some differences in the reconsideration
request process and appeals process.
School Library Policy, Decisions, and Appeals. Under the bill, the
policy must create a request for reconsideration form that may be
submitted to the principal of the school where the library and other
educational material is being challenged to start the material review,
and the form must require the individual to specify which part of the
material he or she objects to and provide an explanation for the
objection. The bill requires that these forms provide an opportunity for
a request submission by individuals with a vested interest (students,
parents, and staff members, as described above). However, the bill also
requires the policy to limit consideration of requests to reconsider and
remove material, displays, or student programs to the parents and
guardians of students and eligible students currently enrolled in the
school.
Regarding the school’s process, the policy must require the principal
or a designee to promptly forward the request for reconsideration to the
school district superintendent. The superintendent or designee must
appoint a review committee consisting of (1) the superintendent or 2025SB-01271-R000204-BA.DOCX
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designee; (2) the principal of the library’s school or the principal’s
designee; (3) the curriculum director, or the equivalent position of the
school board; (4) a school board representative; (5) at least one grade-
level-appropriate teacher familiar with the library material; (6) a parent
or guardian of a student age 13 or older enrolled in the school district;
(7) a parent or guardian of a student age 14 or older enrolled in the
school district; and (8) a certified school librarian working for the school
board or employed by another school board in the state. The individual
who submitted the request for reconsideration cannot be a member of
the review board.
In cases where a high school student submits the form, and if the
superintendent deems it appropriate, a high school student may serve
on the review committee if he or she did not submit the form, but the
superintendent must consult with the school principal of the library in
question before deciding whether to include the student on the review
committee.
The policy adopted under the bill must require the review committee
to:
1. evaluate the request for reconsideration form,
2. read the challenged material in its entirety,
3. evaluate the challenged material against the school district’s
collection development and maintenance policy, and
4. make a written decision within 60 school days after receiving the
request whether to remove the challenged material.
The committee must give a copy of the committee’s decision and
report to the individual who submitted the form and to the school
principal.
The bill requires that the policy allow the individual who made the
reconsideration request to appeal the review committee’s decision to the
school board. The board, after evaluating the challenged material under
the school district’s collection development and maintenance policy, 2025SB-01271-R000204-BA.DOCX
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must:
1. provide a written statement of the reasons for the reconsideration
of (or refusal to reconsider) the library material,
2. provide any final decision that is contrary to the decision of the
review committee, and
3. publish the reasons or decision on the school district’s website.
Under the bill, once the review committee decides, the material in
question cannot be subject to a new reconsideration request for three
years.
Public Library Policy, Decisions, and Appeals. The public library
policy must only allow individuals residing in the town in which the
library or contract library is located to submit requests to reconsider and
remove material, displays, or programs.
The policy must create a request for reconsideration form that an
individual can submit to the library director to start the material review.
The form must require the individual to specify which part of the
material he or she objects to and explain the objection. The policy must
also state that reconsideration requests are not confidential patron
records under state law.
The policy must require the library director to:
1. evaluate the request for reconsideration form,
2. read the challenged material in its entirety,
3. evaluate the challenged material against the library’s collection
development and maintenance policy, and
4. make a written decision within 60 days after receiving the request
about whether to remove the challenged material.
The library director must give a copy of the decision and report to the
individual who submitted the form. 2025SB-01271-R000204-BA.DOCX
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The policy must also permit the individual who made the
reconsideration request to appeal the library director’s decision in
writing to the library’s governing body.
The bill requires the policy to include several steps the board must
take. First, after evaluating the challenged material under the collection
development and maintenance policy, the board must consult with (1)
the library director; (2) the state librarian or his designee; (3) a
representative of the cooperating library service unit, as defined in state
law; (4) the Connecticut Library Association president or her designee;
and (5) the Association of Connecticut Library Boards president or her
designee, and then deliberate on the reconsideration request. Finally, it
must provide a written statement of the reasons for reconsidering (or
refusing to reconsider) the library material and provide any final
decision that is contrary to the library director’s decision.
Under the bill, once the library director or governing board decides,
the material in question cannot be subject to a new reconsideration
request for three years.
LIBRARY EMPLOYEE PROTECTION PROVISIONS
The bill includes certain protections for library staff and others
involved in carrying out its provisions.
The bill grants library employees immunity from liability (civil or
criminal) when they perform their duties under the bill in good faith,
and the immunity includes any judicial proceeding resulting from the
bill’s implementation. The employees covered are any school library
media specialist, public librarian, and school library or public library
staffer.
The bill permits any school library media specialist, school library
staffer, teacher, administrator, school staffer, school board member,
public library librarian, or public library staffer to bring an action for
emotional distress, defamation, libel, slander, damage to reputation, or
any other relevant tort against any person who harasses any of the
specialists, librarians, staff, or board members for implementing the 2025SB-01271-R000204-BA.DOCX
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policies required in the bill.
Requirement to Post Policies
Under the bill, each school board and governing body must make the
(1) collection development and maintenance policy; (2) library program
and display policy; and (3) library material review and reconsideration
policy adopted under the bill available on the board’s or governing
body’s website, or, if there is no website, inside the school or public
library or included as part of the school or public library’s policy
manual.
LIBRARY GRANTS
By law, a public library must adopt and adhere to collection
development, collection management, and collection reconsideration
policies to be eligible for state library grants. The bill modifies this to say
public libraries (this excludes school libraries) must adopt the policies
the bill requires to be eligible for state library grants. Existing law and
the bill require the reconsideration policy to offer residents a clear
process to request a reconsideration of library materials.
COMMITTEE ACTION
Committee on Children
Joint Favorable Substitute
Yea 12 Nay 5 (03/06/2025)