LESC bill analyses are available on the New Mexico Legislature website (www.nmlegis.gov). Bill analyses are
prepared by LESC staff for standing education committees of the New Mexico Legislature. LESC does not assume
any responsibility for the accuracy of these reports if they are used for other purposes.
LEGISLATIVE EDUCATION STUDY COMMITTEE
BILL ANALYSIS
57th Legislature, 1st Session, 2025
Bill Number SB552/SECS Sponsor Sedillo Lopez
Tracking Number .231097.3 Committee Referrals SEC/SJC
Short Title Public Peace, Health, Safety & Welfare (Protection of School Library Materials)
Original Date 3/13/2025
Analyst Bedeaux Last Updated
BILL SUMMARY
Synopsis of Bill
The Senate Education Committee Substitute for Senate Bill 552 (SB552/SECS) enacts a new section of the Public School Code entitled the Protection of School Library Materials Act. The bill
provides guidelines for the removal of resources from school libraries.
SB552/SECS would require every school district and state-chartered charter school to establish
written policies to ensure compliance with the First Amendment of the United States Constitution
and Article 2, Section 17 of the New Mexico Constitutio n, whichever offers greater protection of
free speech. Written policies would also be required to protect against harassment and
discrimination based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin or ancestry, with respect to
the author, content, and intended audience of a library resource.
Under SB552/SECS, parents may request that a library resource be reconsidered, prompting a
review of the resource. A public school library may remove a resource from its collection if the following circumstances are met:
1. The individual requesting the review is a parent or legal guardian of a student who is currently enrolled in the public school of which the request is made;
2. The review occurs in compliance with policies adopted by the local education provider
pursuant to SB552/SECS;
3. Removal of the resource does not violate the F irst Amendment and does not constitute
discrimination based on a protected category; and
4. A school’s recommendation to remove the resource is approved by the school board or the state-chartered charter school governing body.
Resource reviews would not apply to the removal of resources that occur during routine collection, maintenance, and deaccession policies. Resources may not be considered for removal more than once every two years.
SB552/SECS – Page 2
SB552/SECS also provides that public school library staff may not be terminated, demoted,
disciplined, or retaliated against for refusing to remove a library resource that has not been
reviewed in accordance with policies adopted pursuant to the bill, or if they believe in good faith
that they are acting in accordance with such policies.
The bill would be effective July 1, 2025 and require policies be adopted by September 1, 2025.
FISCAL IMPACT
SB552/SECS does not contain an appropriation.
School districts and state-chartered charter schools may incur minor costs associated with adopting
policies to implement SB552/SECS. LESC staff estimate the costs of the bill will be minimal.
SUBSTANTIVE ISSUES
National Context. SB552/SECS proposes a process by which books and other resources are
systematically reviewed prior to their removal from a school library. Book bans and censorship
have become a growing topic of debate, with advocates on both sides of the political spectrum
recommending censorship of topics they deem inappropriate for school children. In 2023, the
American Library Association (ALA) received requests to censor or remove more than 4,200
unique titles, a 65 percent increase over 2022 and a significant increase since 2014, when
censorship was requested of 183 unique titles .
SB552/SECS provides that only parents of currently enrolled students may request a book review, potentially reducing the influence of external advocacy organizations in New Mexico schools. According to ALA, 24 percent of censorship requests come from parents, while 21 percent come from advocacy organizations. First Amendment and Freedom of Speech. SB552/SECS requires school district and state-
chartered charter school policies to comply with the First Amendment of the U.S. Constitution and Article 2, Section 17 of the New Mexico Constitution related to freedom of speech. In a 1982 U.S. Supreme Court case Island Trees School District v. Pico by Pico, commonly known as Pico, the
court issued a ruling narrowly construed to apply to school board actions on school library
materials. Pico revolves around a group of five students who filed a lawsuit against the Island
Trees Board of Education in New York, alleging the board’s decision to ban several books from school libraries violated the students’ freedom of speech. The U.S. Supreme Court ruled in favor
of the students five-to-four. The plurality opinion in Pico notes the purpose of a book ban matters;
a ban that eliminates the diversity of ideas for nationalistic, political, or religious reasons is a violation of the First Amendment, but a can be justified for nondiscriminatory reasons, such as
vulgarity or educational unsuitability.
Under SB552/SECS, school boards and state-chartered charter school governing bodies would be required to review resources and make a determination that censorship or removal of a resource does not constitute discrimination or a violation of the First Amendment under Pico . The ALA
reports the most common reasons for requested censorship are related to materials that contain
sexually explicit content, rape, drugs, and profanity, which appear to be acceptable reasons for
materials to be removed under SB552/SECS. However, another common reason for requested
censorship reported by ALA—the inclusion of LGBTQ+ content—may be considered
SB552/SECS – Page 3
discriminatory under SB552/SECS provided the bill’s provisions preventing discrimination based
on sex, sexual orientation, gender identity, and gender expression.
ADMINISTRATIVE IMPLICATIONS
School districts and state-chartered charter schools would be required to adopt policies for the
removal of library resources that comply with the provisions of the bill.
The Public Education Department (PED) would be required to review and approve each school
district and charter school’s policies. PED may wish to provide guidance to school districts and
state-chartered charter schools regarding the removal of school library resources, but the bill does
not require the department to do so. PED guidance could reduce administrative burdens for school
districts and state-chartered charter schools and result in a more standardized process for review
and approval of school policies. Analysis from PED points out that the bill does not charge the
department with enforcement of the law, raising questions about how instances of noncompliance
will be addressed.
OTHER SIGNIFICANT ISSUES
Other states have recently adopted measures similar to SB552/SECS. In 2023, Illinois enacted a
measure that prohibits libraries from removing books due to partisan or doctrinal disapproval. The
measure requires Illinois libraries to adopt the ALA’s Library Bill of Rights , which states
“materials should not be excluded because of the origin, background, or views of those contributing to their creation.” Also in 2023, California enacted a similar measure providing that
local education agencies may not prohibit the use of a book “on the basis that it includes the study of the role and contributions of any individual [who is] Native American, African American, Latino American, Asian American, Pacific Islanders, European American, LGBTQ+ American, persons with disabilities, or members of other ethnic, cultural, religious, and socioeconomic statues groups.” The measure establishes that a violation of this provision constitutes unlawful
discrimination as made punishable under California law.
RELATED BILLS
Related to House Bill 27, Librarian Protection Act, which requires public libraries to adopt the
ALA Library Bill of Rights and prohibit the banning of books based on partisan or doctrinal grounds. Related to House Bill 558, No Sexually Explicit Material in Schools, which provides for the removal of school materials that are deemed sexually explicit and are not part of sexual education or biology curricula.
SOURCES OF INFORMATION
• LESC Files
• Public Education Department (PED)
• Department of Cultural Affairs (DCA)
• Department of Justice (NMDOJ)
TB/mam/mca/jh