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 public school librarians are highly trained and
Page 2, Line 4educated and that they intentionally and thoughtfully select library
Page 2, Line 5resources for their 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) "Institute board" means the governing board of the
Page 4, Line 3state charter school institute that is appointed pursuant to section 22-30.5-505.
Page 4, Line 4(b) "Library resource" means material, both print and
Page 4, Line 5non-print, found in a public school library that supports
Page 4, Line 6curricular or personal information needs. Print items include
Page 4, Line 7books, magazines, newspapers, pamphlets, microfiche, or
Page 4, Line 8microfilm. Non-print items include e-books, streaming resources,
Page 4, Line 9films, disc records, filmstrips, slides, prints, audiotapes,
Page 4, Line 10videotapes, compact discs, computer software, library programs,
Page 4, Line 11and exhibits. "Library resource" does not include the materials that are in an individual classroom library.
Page 4, Line 12(c) "Local school board" means the elected board of education of a school district.
Page 4, Line 13(d) "Parent" means a biological parent, adoptive parent,
Page 4, Line 14legal guardian, or any other person having legal custody of a child.
Page 4, Line 15(e) "Public school" means a school of a school district, a
Page 4, Line 16charter school authorized by a school district pursuant to part
Page 4, Line 171 of article 30.5 of this title 22, and a charter school authorized
Page 4, Line 18by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.
Page 4, Line 19(f) "Standards" means the standards that a local school
Page 4, Line 20board or the institute board is required to include in policies
Page 4, Line 21regarding library resources pursuant to subsection (3) of this section.
Page 5, Line 1(2) Written policies. (a) Each local school board shall
Page 5, Line 2establish written policies for the acquisition, retention, display,
Page 5, Line 3and use of library resources that apply to all of the public
Page 5, Line 4schools that are governed by the local school board. In
Page 5, Line 5addition, if any public school governed by a local school board
Page 5, Line 6reconsiders library resources as specified in subsection (4) of
Page 5, Line 7this section, the local school board shall establish a written
Page 5, Line 8policy for the reconsideration of a library resource that complies with the provisions of subsection (3) of this section.
Page 5, Line 9(b) The institute board shall establish written policies
Page 5, Line 10for the acquisition, retention, display, and use of library
Page 5, Line 11resources that apply to all institute charter schools. In
Page 5, Line 12addition, if any institute charter school reconsiders library
Page 5, Line 13resources as specified in subsection (4) of this section, the
Page 5, Line 14institute board shall establish a written policy for the
Page 5, Line 15reconsideration of a library resource that complies with the provisions of subsection (3) of this section.
Page 5, Line 16(3) Standards.If a local school board or the institute
Page 5, Line 17board establishes a written policy for the reconsideration of a
Page 5, Line 18library resource pursuant to subsection (2) of this section, the
Page 5, Line 19policy shall, at a minimum, comply with the following standards:
Page 5, Line 20(a) A public school library serves as a center for inquiry and the dissemination of information and ideas;
Page 5, Line 21(b) Students who attend public schools should be able to
Page 5, Line 22access a range of social, political, aesthetic, moral, and other ideas and experiences through a public school library;
Page 6, Line 1(c) Each library resource in a public school library is
Page 6, Line 2provided for the interest, information, and enlightenment of the
Page 6, Line 3students in the public school and a public school library should present diverse points of view in the collection as a whole;
Page 6, Line 4(d) A public school library shall not exclude a library
Page 6, Line 5resource because of the identity of the author, illustrator, or
Page 6, Line 6creator of the library resource or because of the topic
Page 6, Line 7addressed by the library resource or the opinions expressed in the library resource;
Page 6, Line 8(e) A public school library shall not proscribe or prohibit
Page 6, Line 9the circulation or procurement of a library resource because of partisan or doctrinal disapproval of the library resource;
Page 6, Line 10(f) A public school library shall not exclude a library
Page 6, Line 11resource on the basis of sexual content without applying the
Page 6, Line 12appropriate criteria established by the United States supreme
Page 6, Line 13court in Miller v. California, 413 U.S. 15 (1973), with respect to
Page 6, Line 14the population to which the library resource is made available, including whether:
Page 6, Line 15(I) The average person applying contemporary community
Page 6, Line 16norms would find that the library resource, taken as a whole, appeals primarily to the prurient interest;
Page 6, Line 17(II) The library resource depicts or describes, in a
Page 6, Line 18patently offensive way, sexual conduct as specifically defined by state law; and
Page 6, Line 19(III) The library resource, taken as a whole, lacks serious
Page 6, Line 20literary, artistic, political, or scientific value;
Page 7, Line 1(g) It is the responsibility of a public school library to
Page 7, Line 2challenge censorship in the fulfillment of its responsibility to provide information and enlightenment;
Page 7, Line 3(h) A public school library shall consider the perspectives
Page 7, Line 4of marginalized groups, including those identified in section22-1-104 (1)(a);
Page 7, Line 5(i) For a public school library that provides facilities to
Page 7, Line 6students in the school or to the public, the library shall make
Page 7, Line 7the facilities available on an equitable basis, regardless of the
Page 7, Line 8beliefs or affiliations of individuals or groups requesting their use; and
Page 7, Line 9(j) A public school library shall prohibit discrimination
Page 7, Line 10based on age, background, political or religious views, origin,
Page 7, Line 11disability, race, color, sex, sexual orientation, gender identity,
Page 7, Line 12gender expression, marital status, national origin, or ancestry
Page 7, Line 13in the selection, retention, display, use, or reconsideration of library resources and meeting spaces.
Page 7, Line 14(4) Reconsideration of library resources. (a) (I) Except as
Page 7, Line 15otherwise provided in subsection (4)(a)(II) of this section, a public
Page 7, Line 16school library may remove a library resource from its
Page 7, Line 17permanent collection only if the library resource has been
Page 7, Line 18reviewed in accordance with an established policy for the
Page 7, Line 19reconsideration of library resources that complies with the
Page 7, Line 20requirements of subsection (3) of this section. If a local school
Page 7, Line 21board or the institute board has not established a policy for the
Page 7, Line 22reconsideration of a library resource or has a policy for the
Page 7, Line 23reconsideration of library resources that does not comply with
Page 8, Line 1the requirements of subsection (3) of this section, a public
Page 8, Line 2school governed by the local school board or the institute
Page 8, Line 3board, as applicable, may not remove a library resource from its permanent collection.
Page 8, Line 4(II) The provisions of subsection (4)(a)(I) of this section do
Page 8, Line 5not apply to routine collection maintenance and deaccession in
Page 8, Line 6accordance with a public school library's established collection development and maintenance policy.
Page 8, Line 7(b) If a local school board or the institute board has
Page 8, Line 8established a policy for the reconsideration of a library
Page 8, Line 9resource that complies with the requirements of subsection (3)
Page 8, Line 10of this section, before the local school board or institute board
Page 8, Line 11reconsiders a library resource pursuant to the policy, the local
Page 8, Line 12school board or the institute board shall make its
Page 8, Line 13reconsideration policies available to the public on the school
Page 8, Line 14district's or state charter school institute's website, as applicable.
Page 8, Line 15(c) To make a request for reconsideration of a library
Page 8, Line 16resource, the individual making the request must be a parent of
Page 8, Line 17a student who is enrolled in the public school for which the request is made.
Page 8, Line 18(d) A local school board and the institute board shall
Page 8, Line 19not reconsider the same library resource more than once every
Page 8, Line 20two years; except that the established policy for the
Page 8, Line 21reconsideration of a library resource adopted by a local school
Page 8, Line 22board or the institute board may specify a period longer than
Page 8, Line 23two years during which the local school board or institute board will not reconsider the same library resource.
Page 9, Line 1(e) (I) Once a final determination has been made for a
Page 9, Line 2library resource that is the subject of a request for
Page 9, Line 3reconsideration, the local school board or the institute board,
Page 9, Line 4as applicable, shall make the determination and how it comports
Page 9, Line 5with the provisions of subsection (3) of this section available to the public.
Page 9, Line 6(II) A public school library shall not remove, discontinue,
Page 9, Line 7or restrict a library resource as the result of a request for
Page 9, Line 8reconsideration until the determination regarding the library
Page 9, Line 9resource has been made available to the public pursuant to subsection (4)(e)(I) of this section.
Page 9, Line 10(f) A written request for reconsideration of a library
Page 9, 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 9, Line 12(5) Retaliation against library employees prohibited.An
Page 9, Line 13individual who is a librarian, media specialist, other employee,
Page 9, Line 14contractor, or volunteer at a public school library shall not
Page 9, Line 15be subject to termination, demotion, discipline, or retaliation
Page 9, Line 16for refusing to remove a library resource before it has been
Page 9, Line 17reviewed in accordance with the applicable local school board's
Page 9, Line 18or institute board's policy for the reconsideration of library
Page 9, Line 19resources or for making displays, acquisitions, or programming
Page 9, Line 20decisions that the librarian, media specialist, other employee,
Page 9, Line 21contractor, or volunteer believes, in good faith, are in accordance with the standards.
Page 9, Line 22SECTION 3. Safety clause. The general assembly finds,
Page 10, Line 1determines, and declares that this act is necessary for the immediate
Page 10, Line 2preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 3the support and maintenance of the departments of the state and state institutions.