Title 29
Libraries

CHAPTER 9
The Freedom to Read Act

§ 29-9-4. School library collection policy.

(a) Pursuant to the duties prescribed in § 16-1-5(7), the commissioner of elementary and secondary education, in collaboration with the chief of library services, shall establish a model policy on the curation of library material within a school library. Each school committee shall review the model policy established pursuant to this section and approve and adopt a policy that shall at a minimum:

(1) Recognize that school libraries serve as centers for voluntary inquiry and the dissemination of information and ideas;

(2) Provide protection against censorship of library material;

(3) Provide standards for the selection and curation of library material while also recognizing that the library material should be provided for the interest, information, and enlightenment of all students and should present a wide range of points of view;

(4) Establish criteria and a procedure based on professional standards for a librarian to review and the deaccession of library material within a school library on a regular basis, which shall include, but not be limited to: the library material’s relevance; the condition of the library material; the availability of duplicates; and the continued demand for the library material; and

(5) Acknowledge that a certified school librarian is professionally trained to curate and develop the school library collection that provides students with access to the widest array of developmentally relevant library material.

(b) The model policy shall be updated as the commissioner of elementary and secondary education and chief of library services deem necessary.

(c) In the event a school district has a policy that complies with the requirements of subsection (a) of this section, the school committee shall not be required to take further action.

(d) Librarians employed at a school library shall have discretion in selecting, purchasing, or acquiring library material for inclusion in the school library, following the policy approved by the school committee. Nothing in this section shall be construed to require a librarian to purchase, or otherwise acquire a particular library material for a school library.

(e) Nothing in this section shall be construed to restrict a school committee’s authority to select textbooks and school supplies related to the curriculum.

(f) Pursuant to the duties prescribed in § 16-1-5(7), the commissioner of elementary and secondary education shall establish, in collaboration with the chief of library services, a model policy creating a procedure regarding a request for reconsideration of library material within a school library. The school committee shall review the model policy established pursuant to this section and approve and adopt a policy that shall, at a minimum require:

(1) The creation of a request for reconsideration form, based on a model form developed by the commissioner of elementary and secondary education and chief of library services, that is submitted by an individual with a vested interest to the principal of the school in which the library material is challenged. The principal is required to send the form promptly to the superintendent to initiate a review of the material;

(2) An individual with a vested interest in the school library requesting that library material be reconsidered shall review the material as a whole; identify sections of the material that the individual objects to; and provide an explanation for such objections. Selective passages from the material taken out of context shall not be considered for this review;

(3) Library material that is the subject of a request for reconsideration shall not be removed from its location within the library and shall remain available to reserve, check out, or access while the material is being reviewed;

(4) The superintendent or the superintendent’s designee shall appoint a review committee; consisting of:

(i) The superintendent or the superintendent’s designee:

(ii) The principal of the school in which the form is submitted or the principal’s designee;

(iii) A certified librarian employed at the school in which the form is submitted;

(iv) A representative of the school committee; and

(v) A grade-appropriate teacher provided the teacher selected is not the individual who submitted the form;

(5) The review committee must evaluate the reconsideration request, review the material and within thirty (30) days of receiving the reconsideration form report in writing to the individual and the school committee its decision whether to remove the library material, limit the library material, or leave the library material in place;

(6) That the individual who filed the form for reconsideration may, within thirty (30) days of the decision, appeal the review committee’s decision to the school committee which shall review the committee’s report and issue a final recommendation along with a written statement of reasons for:

(i) The removal, limitation, or non-removal of a library material;

(ii) Any final determination that is contrary to the recommendations of the review committee; and

(iii) The written statement of reasons shall be posted on the school committee’s internet website in a prominent and easily accessible location within thirty (30) days of the determination;

(7) The review committee, when conducting a review pursuant to this section and a school committee deciding an appeal of the review committee, shall consider the following standards for review:

(i) Recognize that library material should be provided for the interest, information, and enlightenment of all students and should present diverse points of view in the collection as a whole;

(ii) Acknowledge that library material shall not be removed from a school library because of the origin, background, or views of the library material or those contributing to its creation;

(iii) Recognize the importance of school libraries as centers for voluntary inquiry and the dissemination of information and ideas;

(iv) Promote the free expression and free access to ideas by students by prohibiting the censorship of library material; and

(v) Acknowledge that a school library media specialist is professionally trained to curate and develop the school library collection that provides students with access to the widest array of developmentally appropriate library material available to schools.

(g) In the event a school committee has a policy that complies with the requirements of subsection (a) of this section, the school committee shall not be required to take further action.

(h) Any staff member of a school library, including a librarian employed by a school, shall be immune from civil and criminal liability arising from good faith actions performed pursuant to this chapter.