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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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) "Charter school" means a charter school authorized
Page 4, Line 3by a school district pursuant to part 1 of article 30.5 of this
Page 4, Line 4title 22 and a charter school authorized by the state charter
Page 4, Line 5school institute pursuant to part 5 of article 30.5 of this title 22.
Page 4, Line 6(b) "Library resource" means material, both print and
Page 4, Line 7non-print, found in a public school library that supports
Page 4, Line 8curricular or personal information needs. Print items include
Page 4, Line 9books, magazines, newspapers, pamphlets, microfiche, or
Page 4, Line 10microfilm. Non-print items include e-books, streaming resources,
Page 4, Line 11films, disc records, filmstrips, slides, prints, audiotapes,
Page 4, Line 12videotapes, compact discs, computer software, library programs,
Page 4, Line 13and exhibits. "Library resource" does not include the materials that are in an individual classroom library.
Page 4, Line 14(c) "Local school board" means the elected board of education of a school district.
Page 4, Line 15(d) "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(e) "Public school" means a school of a school district, a
Page 4, Line 18charter school authorized by a school district pursuant to part
Page 4, Line 191 of article 30.5 of this title 22, and a charter school authorized
Page 4, Line 20by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.
Page 4, Line 21(f) "School library staff member" means a teacher
Page 5, Line 1librarian, school library media specialist, school librarian, any
Page 5, Line 2certified or noncertified staff member assigned to duties in a
Page 5, Line 3school library, or any individual carrying out or assisting with the functions of a school library.
Page 5, Line 4(g) "Standards" means the standards with which a local
Page 5, Line 5school board or a charter school is required to comply in
Page 5, Line 6establishing written policies regarding library resources pursuant to subsection (3) of this section.
Page 5, Line 7(2) Written policies. (a) Each local school board shall
Page 5, Line 8establish written policies for the acquisition, retention, display,
Page 5, Line 9and use of library resources that apply to all of the public
Page 5, Line 10schools that are not charter schools and that are governed by
Page 5, Line 11the local school board. In addition, each local school board
Page 5, Line 12shall establish a written policy for the reconsideration of a
Page 5, Line 13library resource that complies with the provisions of subsection
Page 5, Line 14(3) of this section. Each local school board shall establish the
Page 5, Line 15written policies required in this subsection (2)(a) by September 1, 2025.
Page 5, Line 16(b) Each charter school shall establish written policies
Page 5, Line 17for the acquisition, retention, display, and use of library
Page 5, Line 18resources that apply to the charter school. In addition, each
Page 5, Line 19charter school shall establish a written policy for the
Page 5, Line 20reconsideration of a library resource that complies with the
Page 5, Line 21provisions of subsection (3) of this section. Each charter school
Page 5, Line 22shall establish the written policies required in this subsection(2)(b) by September 1, 2025.
Page 5, Line 23(c) If, as of the effective date of this section, a local
Page 6, Line 1school board or a charter school has already established
Page 6, Line 2written policies that comply with the requirements of
Page 6, Line 3subsection (2)(a) or (2)(b) of this section, as applicable, the local
Page 6, Line 4school board or charter school is not required to write new policies pursuant to this section.
Page 6, Line 5(3) Standards.The written policies established by a local
Page 6, Line 6school board or a charter school pursuant to subsection (2) of
Page 6, Line 7this section shall, at a minimum, comply with the following standards:
Page 6, Line 8(a) A public school library shall comply with the first
Page 6, Line 9amendment to the United States constitution as interpreted by
Page 6, Line 10the United States supreme court in Board of Education, Island
Page 6, Line 11Trees Union Free School District no. 26 v. Pico, 457 U.S. 853 (1982),
Page 6, Line 12and section 10 of article II of the state constitution concerning the freedom of speech; and
Page 6, Line 13(b) A public school library shall protect against
Page 6, Line 14harassment and discrimination, particularly regarding the
Page 6, Line 15classes 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 16(4) Reconsideration of library resources. (a) (I) Except as
Page 6, Line 17otherwise provided in subsection (4)(a)(II) of this section, a public
Page 6, Line 18school library may remove a library resource from its
Page 6, Line 19permanent collection only if the library resource has been
Page 6, Line 20reviewed in accordance with an established policy for the
Page 6, Line 21reconsideration of library resources that complies with the requirements of subsection (3) of this section.
Page 6, Line 22(II) The provisions of subsection (4)(a)(I) of this section do
Page 7, Line 1not apply to routine collection maintenance and deaccession in
Page 7, Line 2accordance with a public school library's established collection development and maintenance policy.
Page 7, Line 3(b) Before a local school board or charter school
Page 7, Line 4reconsiders a library resource pursuant to the policy, the local
Page 7, Line 5school board or the charter school shall make its
Page 7, Line 6reconsideration policies available to the public in a manner to
Page 7, Line 7be determined by the local school board or charter school, as applicable.
Page 7, Line 8(c) To make a request for reconsideration of a library
Page 7, Line 9resource, the individual making the request must be a parent of
Page 7, Line 10a student who is enrolled in the public school for which the request is made.
Page 7, Line 11(d) A local school board or a charter school shall not
Page 7, Line 12reconsider the same library resource more than once every two
Page 7, Line 13years; except that the established policy for the
Page 7, Line 14reconsideration of a library resource adopted by a local school
Page 7, Line 15board or a charter school may specify a period longer than two
Page 7, Line 16years during which the local school board or charter school will not reconsider the same library resource.
Page 7, Line 17(e) (I) Once a final determination has been made for a
Page 7, Line 18library resource that is the subject of a request for
Page 7, Line 19reconsideration, the local school board or the charter school,
Page 7, Line 20as applicable, shall make the determination and how it comports with subsection (3) of this section available to the public.
Page 7, Line 21(II) A public school library shall not remove, discontinue,
Page 7, Line 22or restrict a library resource as the result of a request for
Page 8, Line 1reconsideration until the determination regarding the library
Page 8, Line 2resource has been made available to the public pursuant to subsection (4)(e)(I) of this section.
Page 8, Line 3(f) A written request for reconsideration of a library
Page 8, Line 4resource in a public school library is an open record under the "Colorado Open Records Act", part 2 of article 72 of title 24.
Page 8, Line 5(5) Retaliation against library employees prohibited.A public
Page 8, Line 6school library staff member shall not be subject to termination,
Page 8, Line 7demotion, discipline, or retaliation for refusing to remove a
Page 8, Line 8library resource before it has been reviewed in accordance with
Page 8, Line 9the applicable local school board's or charter school's policy
Page 8, Line 10for the reconsideration of library resources or for making
Page 8, Line 11decisions that the school library staff member believes, in good
Page 8, Line 12faith, are in accordance with the policy of the applicable local school board or the charter school.
Page 8, Line 13SECTION 3. Safety clause. The general assembly finds,
Page 8, Line 14determines, and declares that this act is necessary for the immediate
Page 8, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 16the support and maintenance of the departments of the state and state institutions.