Relating to the standards for a school district's library collection development policies; providing a civil penalty.
Impact
The bill mandates that school districts create and adhere to policies that prevent the availability of harmful and unsuitable library materials. This includes a civil penalty of up to $10,000 for violations, directly holding districts accountable for non-compliance with the prescribed standards. The intent is to ensure that library collections are consistent with community expectations and values, emphasizing parental authority in determining student access to materials.
Summary
House Bill 5485 establishes new standards for library collection development policies within school districts in Texas, focusing on the review and management of library materials deemed harmful or inappropriate for minors. It defines 'harmful material' and 'sexually explicit material' in relation to the educational context, setting forth specific prohibitions against acquiring materials that fit these definitions. The bill aims to empower school districts to develop policies that align with community standards, thereby allowing for ongoing review and management of library resources available to students.
Contention
While proponents argue that HB 5485 will enhance the protection of students from inappropriate materials in school libraries, critics worry it may lead to censorship and the exclusion of diverse perspectives. There is concern that overreaching applications of the bill could prevent students from accessing valuable educational content based on subjective community standards. As districts implement these regulations, the balance between safeguarding students and promoting intellectual freedom remains contentious.
Texas Constitutional Statutes Affected
Education Code
Chapter 33. Service Programs And Extracurricular Activities
Relating to a school district's library materials and catalog, the creation of local school library advisory councils, and parental rights regarding public school library catalogs and access by the parent's child to library materials.
Relating to a school district's library materials and catalog, the creation of local school library advisory councils, and parental rights regarding public school library catalogs and access by the parent's child to library materials and to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.
Relating to a school district's library materials and catalog, the creation of local school library advisory councils, and parental rights regarding public school library catalogs and access by the parent's child to library materials.