Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3594 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 625 FILED ON: 1/10/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3594
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John Francis Moran and Adam J. Scanlon
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act regarding free expression.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:John Francis Moran9th Suffolk1/10/2025Adam J. Scanlon14th Bristol1/17/2025Mark D. Sylvia10th Bristol1/15/2025Carmine Lawrence Gentile13th Middlesex1/21/2025Kristin E. Kassner2nd Essex2/5/2025Steven Owens29th Middlesex2/5/2025Lindsay N. Sabadosa1st Hampshire2/5/2025Natalie M. Higgins4th Worcester2/5/2025Erika Uyterhoeven27th Middlesex2/5/2025Rebecca L. RauschNorfolk, Worcester and Middlesex2/5/2025Samantha Montaño15th Suffolk2/11/2025Mike Connolly26th Middlesex2/11/2025James B. EldridgeMiddlesex and Worcester2/11/2025Jennifer Balinsky Armini8th Essex2/17/2025David Paul Linsky5th Middlesex2/24/2025James C. Arena-DeRosa8th Middlesex2/24/2025 1 of 7
16	16	HOUSE DOCKET, NO. 625 FILED ON: 1/10/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3594
18	18	By Representatives Moran of Boston and Scanlon of North Attleborough, a petition
19	19	(accompanied by bill, House, No. 3594) of John Francis Moran, Adam J. Scanlon and others
20	20	relative to the right of students to freedom of expression in public schools. Tourism, Arts and
21	21	Cultural Development.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act regarding free expression.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. The general court finds and declares that:
31	31	2 (i) attempts to ban, remove or otherwise restrict access to books or other materials in
32	32	3public libraries and school libraries of the commonwealth undermines the public good and
33	33	4restrict academic growth;
34	34	5 (ii) librarians should be protected from personal attacks and threats directed at them due
35	35	6to work performed in good faith within their role and position;
36	36	7 (iii) library materials should not be proscribed or removed because of personal, political
37	37	8or doctrinal views, and materials should not be excluded because of the origin, background or
38	38	9views of those contributing to their creation; and
39	39	10 (iv) access to state-funded shared library resources requires public libraries to be in
40	40	11compliance with the General Laws. 2 of 7
41	41	12 SECTION 2. Section 82 of chapter 71 of the General Laws, as appearing in the 2022
42	42	13Official Edition, is hereby amended by striking out, in lines 4 to 11, inclusive, the words
43	43	14“Freedom of expression shall include without limitation, the rights and responsibilities of
44	44	15students, collectively and individually, (a) to express their views through speech and symbols,
45	45	16(b) to write, publish and disseminate their views, (c) to assemble peaceably on school property
46	46	17for the purpose of expressing their opinions. Any assembly planned by students during regularly
47	47	18scheduled school hours shall be held only at a time and place approved in advance by the school
48	48	19principal or his designee.” and inserting in place thereof the following sentence:- Freedom of
49	49	20expression shall include, without limitation, the rights and responsibilities of students,
50	50	21collectively and individually, to: (a) express their views through speech and symbols; (b) write,
51	51	22publish and disseminate their views; (c) assemble peaceably on school property for the purpose
52	52	23of expressing their opinions; provided, that assembly planned by students during regularly
53	53	24scheduled school hours shall be held only at a time and place approved in advance by the school
54	54	25principal or their designee; and (d) receive information, including through materials determined
55	55	26to be educational and age-appropriate for inclusion in a school library by the school library
56	56	27teacher in the district licensed by the department, or in the absence of such a school library
57	57	28teacher, the school official responsible for the selection of library materials and the use of school
58	58	29library materials and facilities.
59	59	30 SECTION 3. Said chapter 71 is hereby further amended by inserting after said section 82
60	60	31the following 4 sections: -
61	61	32 Section 82A. Any determination by a school library teacher licensed by the department,
62	62	33or in the absence of such school library teacher by the school employee responsible for the
63	63	34selection and display of library materials, that materials are appropriate for inclusion in a school 3 of 7
64	64	35library shall: (i) be age appropriate; (ii) serve an educational purpose; and (iii) be based on their
65	65	36professional training and not on personal, political or doctrinal views.
66	66	37 Section 82B. The school committee or other administrative authority of a school library
67	67	38shall establish a written policy for: (i) the selection of school library materials, including
68	68	39textbooks, instructional materials, curricula, books or other library resources; and (ii) the use of
69	69	40library materials and library facilities. The written policy shall be in accordance with standards
70	70	41adopted by the American library association. This written policy shall be filed annually with the
71	71	42department. This policy shall include responding to attempts to remove or restrict library
72	72	43materials, based upon the objections of a person or group. The board of library commissioners
73	73	44through its affiliate the Massachusetts Library System shall make sample policies available.
74	74	45 The written policy pursuant to section 82B shall include a process for responding to
75	75	46complaints and challenges and other attempts to remove or restrict library materials based upon
76	76	47the objections of a person or group. The policy shall provide that if a material is the subject of a
77	77	48complaint or attempt to remove or restrict its use, it shall remain on the shelves pending a vote of
78	78	49the school committee during the process for responding to challenges; provided, that the
79	79	50challenged material was selected for inclusion in the school library by a school library teacher
80	80	51licensed by the department, or in the absence of a school library teacher, by the school official
81	81	52responsible for the selection of library materials. Districts shall include information on book
82	82	53challenges annually to the department.
83	83	54 Section 82C. (a) The selection of materials for inclusion in a collection shall not be
84	84	55overruled except upon a determination and vote by the school committee, after notice and public
85	85	56hearing and recommendation by a review committee of school personnel, appointed by the 4 of 7
86	86	57school committee, and the superintendent, that, based on clear and convincing evidence, the
87	87	58material is devoid of any educational, literary, artistic, personal or social value or is not age
88	88	59appropriate for any child who attends the school.
89	89	60 (b) A decision of the school committee to remove materials from a school library may be
90	90	61challenged by any student, parent or guardian pursuant to section 5 of chapter 249, including on
91	91	62the grounds that the decision was not supported by clear and convincing evidence.
92	92	63 (c) Nothing in this section precludes personnel responsible for school library content
93	93	64from deciding to remove materials that have become outdated or to accommodate new materials;
94	94	65provided, that the decision is not made based on personal, political or doctrinal views.
95	95	66 Section 82D. No employee shall lose their librarian licensure or certification or be
96	96	67dismissed, disciplined, placed on probation, involuntarily transferred, fined or imprisoned for the
97	97	68selection of library materials when the selection is made in good faith and in accordance with the
98	98	69approved policy adopted pursuant to section 82B.
99	99	70 SECTION 4. Section 10 of chapter 78 of the General Laws, as appearing in the 2022
100	100	71Official Edition, is hereby amended by striking out, in line 8, the words “, male or female,”.
101	101	72 SECTION 5. Said section 10 of said chapter 78, as so appearing, is hereby further
102	102	73amended by striking out, in line 13, the word “chairman” and inserting in place thereof the
103	103	74following word:- chair.
104	104	75 SECTION 6. Section 14 of said chapter 78, as so appearing, is hereby amended by
105	105	76striking out, in line 5, the word “his” and inserting in place thereof the following words:- the
106	106	77member’s. 5 of 7
107	107	78 SECTION 7. Said section 14 of said chapter 78, as so appearing, is hereby further
108	108	79amended by striking out, in line 13, the word “chairman” and inserting in place thereof the
109	109	80following word:- chair.
110	110	81 SECTION 8. Said section 14 of said chapter 78, as so appearing, is hereby further
111	111	82amended by striking out, in lines 18 and 21, the word “his” and inserting in place thereof, in each
112	112	83instance, the following word:- their.
113	113	84 SECTION 9. Said section 14 of said chapter 78, as so appearing, is hereby further
114	114	85amended by striking out, in line 19, the word “him” and inserting in place thereof the following
115	115	86words:- the director.
116	116	87 SECTION 10. Said section 14 of said chapter 78, as so appearing, is hereby further
117	117	88amended by striking out, in line 22, the word “him” and inserting in place thereof the following
118	118	89words:- the deputy director.
119	119	90 SECTION 11. Section 15 of said chapter 78, as so appearing, is hereby amended by
120	120	91adding the following 2 paragraphs:-
121	121	92 The board of library commissioners shall make resources available to assist the board of
122	122	93trustees, or other administrative authority of a free municipal public library, to create or modify
123	123	94written policies for: (i) the selection of library material; (ii) the development of their library
124	124	95collections; (iii) the use of materials and facilities; and (iv) the process to respond to book
125	125	96challenges, in accordance with the standards adopted by the American Library Association and
126	126	97as required by section 19B. 6 of 7
127	127	98 The board of library commissioners through its affiliate the Massachusetts Library
128	128	99System shall make resources available to help any school committee or other administrative
129	129	100authority of a school library create or modify written policies for the selection of library
130	130	101materials and the use of materials and facilities in accordance with the standards adopted by the
131	131	102American Library Association.
132	132	103 SECTION 12. Section 19B of said chapter 78, as so appearing, is hereby amended by
133	133	104striking clause (7) and inserting in place thereof the following 2 clauses:-
134	134	105 (7) include in their annual report the total number of nonresident loans and nonresident
135	135	106circulation as a percentage of the library’s total circulation, as certified by the librarian and
136	136	107subject to an audit by the state auditor, and
137	137	108 (8) adopt and make public a written policy for the selection and use of library materials
138	138	109and facilities in accordance with section 33; provided, that such policy shall incorporate the
139	139	110American Library Association’s Library Bill of Rights and state that materials should not be
140	140	111selected, proscribed or removed because of personal, political or doctrinal disapproval or bias.
141	141	112 SECTION 13. Section 33 of said chapter 78, as so appearing, is hereby amended by
142	142	113inserting after the word “establish”, in line 3, the following words:- and implement.
143	143	114 SECTION 14. Said section 33 of said chapter 78, as so appearing, is hereby further
144	144	115amended by inserting after the word “Association”, in line 6, the following words:- including,
145	145	116but not limited to, its Library Bill of Rights;
146	146	117 SECTION 14A. Said section 33 of said chapter 78, as so appearing, is hereby further
147	147	118amended by striking the words “be dismissed”, in line 6, and inserting in place thereof the 7 of 7
148	148	119following words:- lose librarian licensure or certification or be dismissed, disciplined, placed on
149	149	120probation, involuntarily transferred, fined or imprisoned.
150	150	121 SECTION 15. Said chapter 78 is hereby further amended by adding the following
151	151	122section:-
152	152	123 Section 35. Annually, not later than September 1, the board of library commissioners
153	153	124shall submit to the clerks of the house of representatives and senate, the joint committee on
154	154	125tourism, arts and cultural development, the joint committee on education, the joint committee on
155	155	126municipalities and regional government and the house and senate committees on ways and
156	156	127means a report on book challenges in the commonwealth and its impact on communities. This
157	157	128report shall include information on settings of book challenges (municipal library or school
158	158	129library), the title and author of specific challenges, the municipalities in which the challenges
159	159	130occurred and the outcomes of such challenges. This report may also include recommendations to
160	160	131support programming that expands access to library materials.