MANAGEMENT OF PUBLIC SCHOOL LIBRARIES

SB0065

SENATE BILL 65

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antoinette Sedillo Lopez
and
Harold Pope
and
Kathleen Cates

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING SCHOOL DISTRICTS TO
ESTABLISH POLICIES REGARDING THE MANAGEMENT OF PUBLIC SCHOOL
LIBRARIES AND THE ADMINISTRATION OF LIBRARY PROGRAMS AND
SERVICES; PROHIBITING RETALIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of the Public School Code is
enacted to read:

"[
NEW MATERIAL
] SCHOOL LIBRARY PROTECTION--POLICIES,
STANDARDS AND PROHIBITIONS.--

A. As used in this section:

(1) "library resource" means a printed,
digital or electronic book or other educational media and
includes:

(a) a magazine, newspaper, pamphlet or
slide deck;

(b) an online reference or periodical
database, a streaming service or computer software;

(c) a microfiche or microfilm;

(d) a film, a filmstrip, an audio tape,
a video tape, a vinyl record, a compact disc or a digital audio
or video file;

(e) a poster, a display or an exhibit;
and

(f) other printed or unprinted materials
and library programming;

(2) "library staff member" includes a public
school librarian, teacher librarian, library media specialist,
school employee assigned to duties in a public school library,
school employee or volunteer who carries out or assists with
the functions of a public school library;

(3) "local school board" includes a governing
body of a charter school; and

(4) "school district" includes a charter
school.

B. In the control and management of public school
libraries and the administration of library programs and
services, a school district shall prohibit discrimination
against the author, content and intended audience of a library
resource based on disability, race, creed, color, sex, sexual
orientation, gender identity, gender expression, family
composition, religion, age, national origin, tribal affiliation
or ancestry and shall prohibit harassment of the author or
intended audience of a library resource.

C. A school district may remove a library resource
from a public school library's permanent collection only in
accordance with the following:

(1) each school district shall adopt a uniform
process and uniform standards for the removal, restriction or
discontinuation of a library resource;

(2) a request to remove, restrict or
discontinue a library resource from a public school library may
be made only by a student enrolled at that school or a
student's parent;

(3) a library resource shall not be considered
for removal, restriction or discontinuation more than once in a
two-year period, at minimum;

(4) when a library resource is considered for
removal, the library resource shall be reviewed as a whole and
the adopted standards shall be applied to the library resource
as a whole;

(5) a final determination of a request to
remove, restrict or discontinue a library resource shall be in
writing, available to the public and include the standards used
in making the determination and how those standards were
applied to the library resource at issue;

(6) a library resource subject to a request
for removal, restriction or discontinuation shall not be
removed, restricted or discontinued until a final determination
is made; and

(7) the provisions of this section shall not
apply to routine maintenance and deaccession of a public school
library's collection.

D. No later than September 1, 2026, each local
school board shall establish and submit to the department for
approval written policies that reflect the provisions of this
section, including written policies for the acquisition,
retention, display and use of library resources and for the
maintenance and deaccession of a public school library's
collection. The department shall approve only written policies
that comply with the first amendment to the United States
constitution or Article 2, Section 17 of the constitution of
New Mexico concerning freedom of speech, whichever is more
protective of speech.

E. A library staff member shall not be subject to
termination, demotion, discipline or retaliation for refusing
to remove, restrict or discontinue a library resource before a
final determination to remove, restrict or discontinue that
library resource has been made in accordance with this section
or for making decisions that the library staff member believes,
in good faith, comply with this section and the respective
school district's policies."

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