A Bill for an Act
Page 1, Line 101Concerning standards that public schools are required to
Page 1, Line 102include in policies regarding library resources.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill requires the local board of education of a school district (local school board) and the state charter school institute board (institute board) to establish written policies for the acquisition, retention, display, and use of library resources and for the use of a public school library facility. In addition, if any public school reconsiders library resources, the local school board or institute board, as applicable, is required to establish a written policy for the reconsideration of a library resource. A local school board and the institute board are required to comply with specified standards in establishing a policy for the acquisition, retention, display, use, and reconsideration of library resources and for the use of public school library facilities.
The bill specifies that a public school library may remove a library resource from its permanent collection only if the library resource has been reviewed in accordance with an established policy for the reconsideration of library resources that complies with the standards established in the bill. If a local school board or the institute board has not established a policy for the reconsideration of library resources or has a policy for the reconsideration of library resources that does not comply with the standards established in the bill, a public school governed by the local school board or an institute charter school, as applicable, may not remove a library resource from its permanent collection. These requirements do not apply to routine collection maintenance and deaccession in accordance with a public school library's established collection maintenance policy. A local school board or the institute board is required to make its process for the reconsideration of library materials available to the public.
After reviewing a library resource that is the subject of a request for reconsideration and making a final determination regarding the library resource, the local school board or institute board, as applicable, is required to make the determination available to the public.
The bill specifies that a request for reconsideration of a library resource in a public school library is an open record under the "Colorado Open Records Act".
The bill specifies that a librarian, media specialist, other employee, contractor, or volunteer (employee) at a public school library is not subject to termination, demotion, discipline, or retaliation for refusing to remove a library resource before it has been reviewed in accordance with the school district's or state charter school institute's policy for the reconsideration of library resources or for making displays, acquisitions, or programming decisions that the employee believes, in good faith, are in accordance with the standards established in the bill.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds and declares that teacher librarians are highly trained and educated
Page 2, Line 4and that they intentionally and thoughtfully select library resources for
Page 2, Line 5their specific public schools to educate and entertain students who attend the school.
Page 3, Line 1(2) The general assembly further finds and declares that:
Page 3, Line 2(a) A range of books and other library resources should be
Page 3, Line 3provided for the interest, education, and enlightenment of all students who public school libraries serve;
Page 3, Line 4(b) The opportunity to be exposed to a wide variety of
Page 3, Line 5perspectives and experiences via books and other library resources engenders empathy and understanding;
Page 3, Line 6(c) Recent challenges to library resources have targeted various
Page 3, Line 7protected classes, including individuals based on their race and sexual
Page 3, Line 8orientation, constituting dangerous discrimination and limiting some
Page 3, Line 9individuals from adequate representation and participation in institutional public life;
Page 3, Line 10(d) Community members have challenged the inclusion of library
Page 3, Line 11resources in public school libraries and have successfully demanded the removal of library resources;
Page 3, Line 12(e) Removing library resources prevents others from examining, enjoying, and learning from the removed library resources; and
Page 3, Line 13(f) It is important that public school libraries' policies for the
Page 3, Line 14acquisition, retention, display, reconsideration, and use of library
Page 3, Line 15resources and for the use of public school library facilities comply with
Page 3, Line 16standards that identify the priorities and mission of public school libraries.
Page 3, Line 17SECTION 2. In Colorado Revised Statutes, add 22-1-148 as follows:
Page 3, Line 1822-1-148. Public school libraries - standards for acquisition -
Page 3, Line 19retention - display - utilization - reconsideration of library resources
Page 4, Line 1- definitions. (1) Definitions.As used in this section, unless the context otherwise requires:
Page 4, Line 2(a) "Library resource" means material, both print and
Page 4, Line 3non-print, found in a public school library that supports
Page 4, Line 4curricular or personal information needs. Print items include
Page 4, Line 5books, magazines, newspapers, pamphlets, microfiche, or
Page 4, Line 6microfilm. Non-print items include e-books, streaming resources,
Page 4, Line 7films, disc records, filmstrips, slides, prints, audiotapes,
Page 4, Line 8videotapes, compact discs, computer software, library programs,
Page 4, Line 9and exhibits. "Library resource" does not include the materials that are in an individual classroom library.
Page 4, Line 10(b) "Local education provider" means a school district, a
Page 4, Line 11board of cooperative services as defined in section 22-5-103 that
Page 4, Line 12operates a school, a charter school authorized by a school
Page 4, Line 13district pursuant to part 1 of article 30.5 of this title 22, or a
Page 4, Line 14charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.
Page 4, Line 15(c) "Parent" means a biological parent, adoptive parent,
Page 4, Line 16legal guardian, or any other person having legal custody of a child.
Page 4, Line 17(d) "Public school" means a school operated by a local education provider.
Page 4, Line 18(e) "Public school library staff member" means a teacher
Page 4, Line 19librarian, school library media specialist, school librarian, any
Page 4, Line 20certified or noncertified staff member assigned to duties in a
Page 4, Line 21public school library, or any individual carrying out or
Page 4, Line 22assisting with the functions of a public school library.
Page 5, Line 1(f) "Standards" means the standards with which a local
Page 5, Line 2education provider is required to comply in establishing written
Page 5, Line 3policies regarding library resources pursuant to subsection (3) of this section.
Page 5, Line 4(2) Written policies. (a) Each local education provider
Page 5, Line 5shall establish written policies for the acquisition, retention,
Page 5, Line 6display, and use of library resources. In addition, each local
Page 5, Line 7education provider shall establish a written policy for the
Page 5, Line 8reconsideration of a library resource that complies with the
Page 5, Line 9provisions of subsection (3) of this section. Each local education
Page 5, Line 10provider shall establish the written policies required in this subsection (2)(a) by September 1, 2025.
Page 5, Line 11(b) If, as of the effective date of this section, a local
Page 5, Line 12education provider has already established written policies
Page 5, Line 13that comply with the requirements of subsection (2)(a) of this
Page 5, Line 14section, the local education provider is not required to write new policies pursuant to this section.
Page 5, Line 15(3) Standards.The written policies established by a local
Page 5, Line 16education provider pursuant to subsection (2) of this section shall, at a minimum, comply with the following standards:
Page 5, Line 17(a) A public school library shall comply with the first
Page 5, Line 18amendment to the United States constitution as interpreted by
Page 5, Line 19the United States supreme court in Board of Education, Island
Page 5, Line 20Trees Union Free School District no. 26 v. Pico, 457 U.S. 853 (1982),
Page 5, Line 21and section 10 of article II of the state constitution concerning the freedom of speech; and
Page 5, Line 22(b) A public school library shall protect against
Page 6, Line 1harassment and discrimination, particularly regarding the
Page 6, Line 2classes set forth in section 22-1-143 (1)(d)(I), with respect to the author, content, and intended audience of a library resource.
Page 6, Line 3(4) Reconsideration of library resources. (a) (I) Except as
Page 6, Line 4otherwise provided in subsection (4)(a)(II) of this section, a public
Page 6, Line 5school library may remove a library resource from its
Page 6, Line 6permanent collection only if the library resource has been
Page 6, Line 7reviewed in accordance with an established policy for the
Page 6, Line 8reconsideration of library resources that complies with the requirements of subsection (3) of this section.
Page 6, Line 9(II) The provisions of subsection (4)(a)(I) of this section do
Page 6, Line 10not apply to routine collection maintenance and deaccession in
Page 6, Line 11accordance with a public school library's established collection development and maintenance policy.
Page 6, Line 12(b) Before a local education provider reconsiders a
Page 6, Line 13library resource pursuant to the policy, the local education
Page 6, Line 14provider shall make its reconsideration policies available to
Page 6, Line 15the public in a manner to be determined by the local education provider.
Page 6, Line 16(c) To make a request for reconsideration of a library
Page 6, Line 17resource, the individual making the request must be a parent of
Page 6, Line 18a student who is enrolled in the public school for which the request is made.
Page 6, Line 19(d) A local education provider shall not reconsider the
Page 6, Line 20same library resource more than once every two years; except
Page 6, Line 21that the established policy for the reconsideration of a library
Page 6, Line 22resource adopted by a local education provider may specify a
Page 7, Line 1period longer than two years during which the local education provider will not reconsider the same library resource.
Page 7, Line 2(e) (I) Once a final determination has been made for a
Page 7, Line 3library resource that is the subject of a request for
Page 7, Line 4reconsideration, the local education provider shall make the
Page 7, Line 5determination and how it comports with subsection (3) of this section available to the public.
Page 7, Line 6(II) A public school library shall not remove, discontinue,
Page 7, Line 7or restrict a library resource as the result of a request for
Page 7, Line 8reconsideration until the determination regarding the library
Page 7, Line 9resource has been made available to the public pursuant to subsection (4)(e)(I) of this section.
Page 7, Line 10(f) A written request for reconsideration of a library
Page 7, Line 11resource in a public school library is an open record under the "Colorado Open Records Act", part 2 of article 72 of title 24.
Page 7, Line 12(5) Retaliation against library employees prohibited.A public
Page 7, Line 13school library staff member shall not be subject to termination,
Page 7, Line 14demotion, discipline, or retaliation for refusing to remove a
Page 7, Line 15library resource before it has been reviewed in accordance with
Page 7, Line 16the applicable local education provider's policy for the
Page 7, Line 17reconsideration of library resources or for making decisions
Page 7, Line 18that the school library staff member believes, in good faith, are in accordance with the policy of the local education provider.
Page 7, Line 19SECTION 3. Safety clause. The general assembly finds,
Page 7, Line 20determines, and declares that this act is necessary for the immediate
Page 7, Line 21preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 1the support and maintenance of the departments of the state and state institutions.