Virginia 2025 Regular Session

Virginia Senate Bill SJR251 Compare Versions

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1-2025 SESSION
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3-ENROLLED
1+OFFERED FOR CONSIDERATION 2/17/2025
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53 SENATE JOINT RESOLUTION NO. 251
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7-Directing the Joint Legislative Audit and Review Commission to study the removal of certain books from public school libraries. Report.
5+AMENDMENT IN THE NATURE OF A SUBSTITUTE
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9-Agreed to by the Senate, January 29, 2025
7+(Proposed by the House Committee on Rules
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11-Agreed to by the House of Delegates, February 20, 2025
9+on ________________)
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11+(Patron Prior to SubstituteSenator Locke)
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13+Directing the Joint Legislative Audit and Review Commission to study the removal of books from public school libraries in the Commonwealth. Report.
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15-WHEREAS, the libraries in the Commonwealth's public schools are an important source of learning and exploration for students in the Commonwealth; and
15+WHEREAS, the libraries in Virginia's public schools are an important source of learning and exploration for Virginia's school children; and
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17-WHEREAS, the books in circulation in the libraries of the Commonwealth's public schools are selected and curated by professionally trained school librarians and media specialists; and
17+WHEREAS, the books in circulation at Virginia's public school libraries are selected by professionally trained school librarians and media specialists; and
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19-WHEREAS, there are times at which some parents of public school students object to the inclusion of certain books in public school libraries while other parents support or approve the inclusion of such books in public school libraries; and
19+WHEREAS, at times certain books in public school libraries are found objectionable by some parents while supported by other parents; and
2020
21-WHEREAS, 22.1-16.8 of the Code of Virginia was enacted by the 2022 Session of the General Assembly for the purpose of directing the Department of Education to adopt model policies, and each school board to adopt policies consistent with but that may be more comprehensive than such model policies, for ensuring the parental notification of any instructional material that includes sexually explicit content, as that term is defined in applicable law, and to provide parents the opportunity to request their children be provided, as an alternative, nonexplicit instructional material; and
21+WHEREAS, 22.1-16.8 of the Code of Virginia was enacted in 2022 and directed the Department of Education to adopt model policies to ensure parental notification of instructional material in the classroom that includes content deemed to be sexually explicit, and directed each school board to adopt similar or more comprehensive policies; and
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23-WHEREAS, the Department of Education adopted the model policies required pursuant to 22.1-16.8 of the Code of Virginia in August of 2022, which focused on books used in the classroom and specifically clarified that any books contained in public school libraries would, under such policies, be considered "instructional material" only if students were required to read such books for completion of an assignment or as a part of an academic or extracurricular educational program; and
23+WHEREAS, parents are to be given the opportunity under the adopted policies to request alternative nonexplicit instructional material for their children; and
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25-WHEREAS, some school divisions subsequently removed books from circulation in public school libraries based on the school division's determination that such books contained sexually explicit content, in accordance with 22.1-16.8 of the Code of Virginia, or based on the school division's determination that other content contained in such books was objectionable; and
25+WHEREAS, the Department of Education adopted such model policies in August 2022 that focused on books used in the classroom and specifically provided that books in school libraries would only be considered instructional material if required for completion of an assignment or as part of an academic or extracurricular educational program; and
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27-WHEREAS, some of the decisions by school divisions to remove certain books from public school libraries were made upon the recommendation of "challenge committees," consisting of parents of students in the school division and school librarians or other media specialists, while in other cases, such decisions were made without any recommendation of a school librarian or media specialist and were, instead, made upon the direction of a school board, individual school board members, individual school principals, division superintendents, or other school administrators; and
27+WHEREAS, some school divisions have removed books from circulation in school libraries because they are deemed to contain "sexually explicit content" in accordance with 22.1-16.8 of the Code of Virginia or other content that is found to be objectionable; and
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29-WHEREAS, the variations in procedure, process, and standards for the removal of certain books from public school libraries by school divisions across the Commonwealth presents significant questions relating to compliance with 22.1-16.8 of the Code of Virginia and the protection of the opportunities for learning and intellectual exploration created by public school libraries; now, therefore, be it
29+WHEREAS, certain book removal actions have occurred at the recommendation of challenge committees composed of parents and school librarians or media specialists, while other removals have occurred without recommendation from the school librarian or media specialist and instead at the direction of a school board, individual school board members, individual school principals, individual superintendents, or other school administrators; now, therefore, be it
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31-RESOLVED by the Senate, the House of Delegates concurring, That the Joint Legislative Audit and Review Commission be directed to study the removal of certain books from public school libraries. The Joint Legislative Audit and Review Commission shall focus its study on any books removed from public school libraries after July 1, 2020, based on certain content included in such books.
31+RESOLVED by the Senate of Virginia, the House of Delegates concurring, That the Joint Legislative Audit and Review Commission be directed to study the removal of books from public school libraries in the Commonwealth. The focus of the study shall be on books removed from public school libraries between July 1, 2020, and December 31, 2024, and the reasons for the removal of such books.
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33-In conducting its study, the Joint Legislative Audit and Review Commission shall survey each of the 135 school divisions in the Commonwealth to identify (i) which school divisions removed any books from a library in any of its public schools on the basis of certain content contained therein after July 1, 2020; (ii) for each removed book identified pursuant to clause (i): (a) the title, author, and any other identifying information; (b) the fiscal year of removal; (c) the name of the school from whose library such book was removed; (d) whether it was removed upon the recommendation of a "challenge committee" and, if not, whether it was removed at the direction of the school board or one or more school board members, a school principal, a division superintendent, or another school administrator; (e) how the review was initiated, the role of the school's librarian or media specialist in the removal process, and which, if any, other school board employees were involved in the removal process and the role each individual played; and (f) if 22.1-16.8 of the Code of Virginia or a policy adopted in accordance therewith was used to justify such removal; (iii) which school divisions have appointed a committee or other body to review the content of books currently contained in or proposed book purchases for inclusion in public school libraries and, if so, whether (a) such committee or body includes a [ school ] librarian or media specialist employed by the school division and (b) the meetings of such committee or body are advertised and open to the public; and (iv) in consultation with any relevant state agencies, what resources are available at the state level to support school administrators in making decisions relating to the removal of books from public school libraries.
33+In conducting its study, the Joint Legislative Audit and Review Commission (JLARC) shall survey all 132 school divisions in the Commonwealth of Virginia to identify (i) which school divisions removed books from any of its school libraries between July 1, 2020, and December 31, 2024; (ii) for each book removed: (a) the title and author, (b) the fiscal year removed, (c) the name of the school from which the book was removed, (d) whether it was removed upon recommendation of a challenge committee, a librarian, or a media specialist or at the direction of the school board or one or more members of such school board, or a school principal, a superintendent, or another school administrator, (e) how the review was initiated, the role of the school's librarian or media specialist, and which other school division employees were involved, if any, and the role such employees played in the removal process, and (g) if 22.1-16.8 of the Code of Virginia or a policy adopted pursuant to such section was used to justify the removal of the book; and (iii) which school divisions have appointed a challenge committee to review the content of current library books or proposed school library book purchases, and if so, whether the committee includes a school librarian or media specialist employed by the school division and whether the committee meetings are advertised and open to the public. Additionally, JLARC shall contact all relevant state agencies to determine what resources exist at the state level to support school administrators in these decisions.
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35-Technical assistance shall be provided to the Joint Legislative Audit and Review Commission by local school divisions in the Commonwealth. All agencies of the Commonwealth shall provide assistance to the Joint Legislative Audit and Review Commission for this study, upon request.
35+All agencies of the Commonwealth shall provide assistance to the Joint Legislative Audit and Review Commission for this study, upon request.
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37-The Joint Legislative Audit and Review Commission shall complete its meetings by August 1, 2025, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than October 1, 2025. The executive summary shall state whether the Joint Legislative Audit and Review Commission intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
37+The Joint Legislative Audit and Review Commission shall complete its meetings by September 1, 2026, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than November 1, 2026. The executive summary shall state whether the Joint Legislative Audit and Review Commission intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.