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North Carolina House Bill H636

North Carolina 2025-2026 Regular Session

North Carolina House Bill H636 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 2
3+H 1
44 HOUSE BILL 636
5-Committee Substitute Favorable 4/15/25
5+
66
77 Short Title: Promoting Wholesome Content for Students. (Public)
8-Sponsors:
9-Referred to:
8+Sponsors: Representatives N. Jackson, Biggs, Willis, and Balkcom (Primary Sponsors).
9+For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10+Referred to: Rules, Calendar, and Operations of the House
1011 April 2, 2025
11-*H636 -v-2*
12+*H636 -v-1*
1213 A BILL TO BE ENTITLED 1
1314 AN ACT TO ESTABLISH PROCEDURES TO ENSURE THAT CONTENT THAT I S 2
1415 HARMFUL TO MINORS IS NOT MADE AVAILABLE IN SCHOOLS AND TO 3
15-ESTABLISH A PRIVATE CAUSE OF ACTION FOR PARENTS, GUARDIANS, OR 4
16-RESIDENTS OF A COUNT Y AGAINST A PUBLIC S CHOOL UNIT THAT IS 5
17-VIOLATING THOSE PROCEDURES. 6
18-The General Assembly of North Carolina enacts: 7
19-SECTION 1. G.S. 115C-12 is amended by adding a new subdivision to read: 8
20-"(50) Database of Rejected Library Media. – The State Board shall maintain a 9
21-database of all library media rejected by public school units pursuant to Part 10
22-7 of Article 7B of this Chapter. The State Board shall update this database 11
23-annually and make the database publicly available on a website maintained by 12
24-the Department of Public Instruction." 13
25-SECTION 2.(a) Article 7B of Chapter 115C of the General Statutes is amended by 14
26-adding a new Part to read: 15
27-"Part 7. Student Services. 16
28-"§ 115C-78. Library media. 17
29-(a) The following definitions apply in this section: 18
30-(1) Approval. – Approval for library media to be added to a school library and 19
31-retained in a school library. 20
32-(2) Community library advisory committee. – A committee established by the 21
33-governing body of a public school unit pursuant to subsection (d) of this 22
34-section. 23
35-(3) Library media. – Any media, excluding textbooks, for independent use by 24
36-students and school personnel and not used as part of the standard course of 25
37-study for any grade or course, whether held in a formal school library or in a 26
38-classroom. 27
39-(4) Media. – Any electronic, print, or non-print resources, including pictures, 28
40-drawings, video recordings, films or other visual depictions or representations, 29
41-as well as written words. 30
16+ESTABLISH A PRIVATE CAUSE OF ACTION FOR PARENTS, GUARDIANS, 4
17+STUDENTS, OR RESIDENTS OF A COUNTY AGAINST A PUBLIC SCHOOL UNIT 5
18+THAT IS VIOLATING THE PROVISIONS OF ARTICLE 7B OF CHAPTER 115C OF 6
19+THE GENERAL STATUTES , CHAPTER 114A OF THE GENERAL STATUTES, OR 7
20+PART 3 OF ARTICLE 1A OF CHAPTER 90 OF THE GENERAL STATUTES. 8
21+The General Assembly of North Carolina enacts: 9
22+SECTION 1. G.S. 115C-12 is amended by adding a new subdivision to read: 10
23+"(50) Database of Rejected Materials. – The State Board shall maintain a database 11
24+of all library media and materials rejected by public school units pursuant to 12
25+Part 7 of Article 7B of this Chapter. The State Board shall update this database 13
26+annually and make the database publicly available on a website maintained by 14
27+the Department of Public Instruction." 15
28+SECTION 2.(a) Article 7B of Chapter 115C of the General Statutes is amended by 16
29+adding a new Part to read: 17
30+"Part 7. Student Services. 18
31+"§ 115C-78. Library media. 19
32+(a) The following definitions apply in this section: 20
33+(1) Approval. – Approval for media to be added to a library and retained in a 21
34+library. 22
35+(2) Harmful to minors. – Any material or performance that depicts or describes 23
36+sexual activity or is pervasively vulgar. 24
37+(3) Library media. – Any electronic, print, or non-print resources, excluding 25
38+textbooks, for independent use by students and school personnel and not used 26
39+as part of the standard course of study for any grade or course, whether held 27
40+in a formal school library or in a classroom. 28
41+(4) Material. – Pictures, drawings, video recordings, films or other visual 29
42+depictions or representations, and material consisting of written words. 30
4243 (5) Parent. – A parent or legal guardian. 31
43-(6) Rejected. – Any library media that is reviewed by a public school unit and not 32
44-met with approval. 33
45-(7) School library. – Any location within a school that contains library media. 34
46-(8) Sexual activity. – As defined in G.S. 14-190.13. 35 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 636-Second Edition
44+(6) Rejected. – Any material or library media that is reviewed by a public school 32
45+unit and not met with approval. 33
46+(7) Sexual activity. – As defined in G.S. 14-190.13. 34 General Assembly Of North Carolina Session 2025
47+Page 2 House Bill 636-First Edition
4848 (b) Governing bodies of public school units shall adopt a policy for the selection and 1
49-procurement of library media, including a recommendation review process. Approval of library 2
50-media shall be an ongoing process that includes the removal within one year of library media that 3
51-no longer meets the criteria for approval and the periodic replacement or repair of library media 4
52-still of educational value. This review shall include any library media that is donated to the public 5
53-school unit or a school within a public school unit. 6
49+procurement of library media, including a recommendation review process. Approval of media 2
50+shall be an ongoing process that includes the removal of media that no longer meets the criteria 3
51+for approval and the periodic replacement or repair of media still of educational value. This 4
52+review shall include any library media or materials that are donated to the public school unit or 5
53+a school within a public school unit. 6
5454 (c) The policy adopted by the governing body of a public school unit pursuant to this 7
55-section shall meet the following requirements: 8
56-(1) The community library advisory committee shall identify library media to be 9
57-recommended for addition to a school library. 10
58-(2) The community library advisory committee shall review library media for 11
59-addition to a school library and determine whether the library media meets the 12
60-following criteria: 13
61-a. Supports and enriches students' personal learning and the standard 14
62-course of study for grades and courses offered at the school where the 15
63-library media would be available. 16
64-b. Meets high standards in literary, artistic, and aesthetic quality, as well 17
65-as technical aspects and physical format. 18
66-c. Is appropriate for the age, grade level, intellectual development, and 19
67-ability level of the students that will have access to the library media. 20
68-Library media that is appropriate for the age, grade level, intellectual 21
69-development, and ability level is library media that is suitable for 22
70-particular ages or age groups of children and adolescents based on 23
71-developing cognitive, emotional, and behavioral capacity typical for 24
72-the age or age group. Library media is not appropriate for the age, 25
73-grade level, intellectual development, and ability level for any age or 26
74-age group of children if it includes descriptions or visual depictions of 27
75-sexual activity or is pervasively vulgar. 28
76-d. Balances financial cost with need. 29
77-e. Complies with the Children's Internet Protection Act, 47 U.S.C. § 30
78-254(h)(5), including technology protection measures. 31
79-(3) The community library advisory committee shall submit recommendations to 32
80-the governing body of the public school unit for approval or denial. 33
81-(4) The governing body of the public school unit shall consider the recommended 34
82-library media at meetings of the body. While the library media is under review, 35
83-the governing body may request more information from the superintendent 36
84-about the library media or the author of the library media. Any member of the 37
85-governing body may make a motion to place recommended library media 38
86-before the body for approval. If no member makes a motion, then the library 39
87-media is not approved. Consideration of the recommended library media must 40
88-be completed within 60 days of the submission of the recommendation to the 41
89-governing body. 42
90-(5) When the community library advisory committee submits recommendations 43
91-to the governing body of the public school unit, all recommendations will be 44
92-placed on the public school unit's website and be accessible to the public. The 45
93-posting shall also include a form for submission of objections and instructions 46
94-for a parent, teacher, or resident of the county in which the public school unit 47
95-is located, to submit an objection to approval of the library media. The 48
96-submission must include information on how the library media fails to meet 49
97-the criteria for approval. 50 General Assembly Of North Carolina Session 2025
98-House Bill 636-Second Edition Page 3
99-(6) If any library media receives 10 or more letters of objection from parents, 1
100-teachers, or residents of the county in which the public school unit is located, 2
101-which state with specificity how the library media fails to meet the criteria for 3
102-approval, the superintendent shall submit those letters of objection to the 4
103-community library advisory committee. The committee shall review any 5
104-challenges received and make recommendations to the governing body 6
105-concerning the challenged library media. This subdivision applies to library 7
106-media recommended to the governing body of the public school unit for 8
107-approval and to library media that has been approved and included in a school 9
108-library. 10
109-(d) The governing body of each public school unit shall establish a community library 11
110-advisory committee composed of 10 members selected by the superintendent. The superintendent 12
111-shall select five parents of students enrolled in the public school unit and five employees of the 13
112-governing body of the public school unit. The community library advisory committee shall do 14
113-all of the following related to library media: 15
114-(1) Identify, evaluate, and recommend library media for approval by the 16
115-governing body of the public school unit. 17
116-(2) Investigate, evaluate, and make recommendations to the governing body of 18
117-the public school unit regarding objections to library media from parents, 19
118-teachers, and residents of the county in which the public school unit is located. 20
119-(e) The governing body of the public school unit shall publish on a website that is 21
120-accessible to the public and make available to a parent or resident of the county in which the 22
121-public school unit is located any library media that has been approved by the governing body and 23
122-the criteria established pursuant to this section used to select or procure the library media. 24
123-(f) Prior to any school in a public school unit conducting or partnering with a third party 25
124-to conduct a student book fair, the community library advisory committee shall conduct a review 26
125-of all media that will be made available to students at the book fair to determine if the media 27
126-meets the criteria listed in subdivision (2) of subsection (c) of this section. It shall be the express 28
127-duty of the community library advisory committee to ensure that no media be accepted by the 29
128-school or made available to students at the book fair that does not comply with this section. 30
129-(g) The governing body of the public school unit shall maintain a database of all rejected 31
130-library media and report on the contents of that database to the State Board of Education annually 32
131-by June 30. 33
132-"§ 115C-78.5. Remedies for violations of this Part. 34
133-(a) Civil Remedies. – In addition to any other remedies or procedures provided by law, 35
134-for any violation of this Part, a parent, legal guardian, or resident of the county in which the 36
135-public school unit is located may bring a cause of action against the public school unit for any of 37
136-the following forms of relief: 38
137-(1) Declaratory relief. 39
138-(2) Injunctive relief. 40
139-(3) Damages of five thousand dollars ($5,000) per violation. 41
140-(4) Reasonable attorneys' fees and costs. 42
141-(5) Any other appropriate relief as determined by the court. 43
142-(b) Exhaustion of Administrative Remedies. – Prior to filing a legal challenge pursuant 44
143-to subsection (a) of this section, a parent, guardian, or resident of the county shall exhaust all 45
144-administrative remedies available pursuant to this Chapter." 46
145-SECTION 2.(b) For library media which was purchased by a public school unit prior 47
146-to this act becoming law, the governing body of the public school unit shall use the community 48
147-library advisory committee to investigate and evaluate challenges. The process for consideration 49
148-shall be identical to the processes established in subdivision (c)(6) of G.S. 115C-78, as enacted 50
149-by this act. 51 General Assembly Of North Carolina Session 2025
150-Page 4 House Bill 636-Second Edition
151-SECTION 3. G.S. 115C-98 reads as rewritten: 1
152-"§ 115C-98. Local boards of education to provide for local operation of the textbook 2
153-program, the selection and procurement of other instructional materials, and the 3
154-use of nonadopted textbooks. 4
155-(a) Local boards of education shall adopt rules not inconsistent with the policies of the 5
156-State Board of Education concerning the local operation of the textbook program. 6
157-(b) Local boards of education shall adopt written policies concerning the procedures to 7
158-be followed in their local school administrative units for the selection and procurement of 8
159-supplementary textbooks, library books, periodicals, audiovisual materials, and other 9
160-supplementary instructional materials needed for instructional purposes in the public schools of 10
161-their units. 11
162-Local boards of education shall have sole authority to select and procure supplementary 12
163-instructional materials, whether or not the materials contain commercial advertising, to determine 13
164-if the materials are related to and within the limits of the prescribed curriculum, and to determine 14
165-when the materials may be presented to students during the school day. Supplementary materials 15
166-and contracts for supplementary materials are not subject to approval by the State Board of 16
167-Education. 17
168-Supplementary books and other instructional materials shall neither displace nor be used to 18
169-the exclusion of basic textbooks. 19
170-… 20
171-(d) This section does not apply to library media, as defined in G.S. 115C-78." 21
172-SECTION 4. This act is effective when it becomes law. 22
55+section shall meet the following requirements for media to be approved for addition to a school 8
56+library: 9
57+(1) The superintendent shall delegate the responsibility of identifying media to be 10
58+recommended for addition to a school library to a community library advisory 11
59+committee. 12
60+(2) The superintendent, or their designee, shall review media for addition to a 13
61+school library and determine whether the media meets the following criteria: 14
62+a. Supports and enriches student's personal learning and the standard 15
63+course of study for grades and courses offered at the school where the 16
64+media would be available. 17
65+b. Meets high standards in literary, artistic, and aesthetic quality, as well 18
66+as technical aspects and physical format. 19
67+c. Is appropriate for the age, grade level, intellectual development, and 20
68+ability level of the students that will have access to the media. Material 21
69+that is appropriate for the age, grade level, intellectual development, 22
70+and ability level is material that is suitable for particular ages or age 23
71+groups of children and adolescents based on developing cognitive, 24
72+emotional, and behavioral capacity typical for the age or age group. 25
73+Material is not "appropriate for the age, grade level, intellectual 26
74+development, and ability level" for any age or age group of children if 27
75+it includes descriptions or visual depictions of sexual activity or is 28
76+pervasively vulgar. 29
77+d. Does not contain material that is harmful to minors. 30
78+e. For nonfiction resources, incorporates accurate and authentic factual 31
79+content from authoritative sources. 32
80+f. Balances financial cost with need. 33
81+g. Fiction, graphic novels, and narrative nonfiction, including memoirs 34
82+and biographies, shall only be added for literary or artistic value. 35
83+h. Complies with the Children's Internet Protection Act, 47 U.S.C. § 36
84+254(h)(5), including technology protection measures. 37
85+(3) The superintendent shall submit recommendations to the governing body of 38
86+the public school unit for approval or denial. 39
87+(4) The governing body of the public school unit shall consider the recommended 40
88+material at meetings of the body. While the media is under review, the 41
89+governing body may request from the superintendent more information about 42
90+the media or the author of the media. Any member of the governing body may 43
91+make a motion to place recommended media before the body for approval. If 44
92+no member makes a motion, then the media is not approved. Consideration of 45
93+the recommended material must be completed within 90 days of the 46
94+submission of the recommendation to the Board. 47
95+(5) When the superintendent or the superintendent's designee submits 48
96+recommendations to the governing body, all recommendations will be placed 49
97+on the school website and be accessible to the public. The posting shall also 50
98+include a form for submission of objections and instructions for a parent or 51 General Assembly Of North Carolina Session 2025
99+House Bill 636-First Edition Page 3
100+guardian or resident of the county to submit an objection to approval of the 1
101+media. The submission must include information on how the media materials 2
102+fail to meet the criteria. 3
103+(6) If, during consideration, a piece of media receives 10 or more letters of 4
104+objection from parents or teachers or residents of the county which state with 5
105+specificity how the media fails to meet the criteria, the superintendent shall 6
106+submit those letters of objection to the library advisory committee established 7
107+pursuant to subsection (d) of this section for consideration. 8
108+(d) The governing body of the public school unit shall establish a community library 9
109+advisory committee to investigate and evaluate challenges from parents, teachers, and residents 10
110+of the county, including letters of objection received by the governing body, to library media on 11
111+the grounds that it does not conform to the criteria for selection of library media. The library 12
112+advisory board shall be composed of 10 members, five parents from the school district and five 13
113+school personnel. The committee shall review any challenges received and make 14
114+recommendations to the governing body concerning the challenged media. The State Board of 15
115+Education shall review its rules and policies concerning these challenges and shall establish 16
116+guidance to be followed by community library advisory committees. 17
117+(e) The governing body of the public school unit shall publish on a website that is 18
118+accessible to the public and make available to a parent, guardian, or resident of the county in 19
119+which the public school unit is located any specifically requested media that is available in the 20
120+school library and the criteria established pursuant to this section used to select or procure the 21
121+library media and materials. 22
122+(f) Prior to any school conducting or partnering with a third party to conduct a student 23
123+book fair, the principal of that school shall conduct a review of all media that will be made 24
124+available to students at the book fair to determine if the media meets the criteria listed in 25
125+subdivision (2) of subsection (c) of this section and has been assigned a proper content access 26
126+designation. It shall be the express duty of the principal to ensure that no media be accepted by 27
127+the school or made available to students at the book fair that does not comply with this section. 28
128+(g) The governing body of the public school unit shall maintain a database of all rejected 29
129+materials and library media and report on the contents of that database to the State Board of 30
130+Education at the conclusion of each year." 31
131+SECTION 2.(b) For media materials which were purchased by a public school unit 32
132+prior to this act becoming law, the governing body of the public school unit shall use the library 33
133+advisory committee to investigate and evaluate challenges. The process for consideration shall 34
134+be identical to the processes established in subsection (d) of G.S. 115C-78, as enacted by this act. 35
135+SECTION 3. Part 4 of Article 7B of Chapter 115C of the General Statutes is 36
136+amended by adding a new section to read: 37
137+"§ 115C-76.61. Additional remedies for violation of Parents' Bill of Rights. 38
138+(a) Civil Remedies. – In addition to any other remedies or procedures provided by law, 39
139+for any violation of this Article, Chapter 114A of the General Statutes, or Part 3 of Article 1A of 40
140+Chapter 90 of the General Statutes, a parent, legal guardian, or resident of the county in which 41
141+the public school unit is located may bring a cause of action against the public school unit for 42
142+any of the following forms of relief: 43
143+(1) Declaratory relief. 44
144+(2) Injunctive relief. 45
145+(3) Damages of five thousand dollars ($5,000) per violation. 46
146+(4) Reasonable attorneys' fees and costs. 47
147+(5) Any other appropriate relief in the determination of the court. 48
148+(b) Exhaustion of Administrative Remedies. – Prior to filing a legal challenge pursuant 49
149+to subsection (a) of this section, a parent, guardian, or resident of the county shall exhaust all 50
150+administrative remedies available pursuant to this Chapter." 51 General Assembly Of North Carolina Session 2025
151+Page 4 House Bill 636-First Edition
152+SECTION 4. This act is effective when it becomes law. 1