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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 1098
Sponsored by Senators FREDERICK, JAMA, Representative MCLAIN, Senators GELSER BLOUIN,
GOLDEN, MANNING JR, Representatives FRAGALA, NELSON; Senators CAMPOS, MEEK,
PATTERSON, PHAM K, REYNOLDS, Representatives ANDERSEN, CHAICHI, CHOTZEN,
GAMBA, GOMBERG, GRAYBER, HUDSON, ISADORE, MCDONALD, MUNOZ, NGUYEN H,
NOSSE, PHAM H, TRAN, WATANABE
CHAPTER .................................................
AN ACT
Relating to access to materials in schools; creating new provisions; amending ORS 336.082, 337.075,
337.141 and 337.260; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 and 3 of this 2025 Act are added to and made a part of ORS 337.030
to 337.260.
SECTION 2. (1) As used in this section:
(a) “Classroom library” means any collection of library materials made available to stu-
dents at a public school of this state in:
(A) A single classroom; or
(B) A common area accessible by two or more classrooms.
(b)(A) “Library materials” includes educational or literary materials that are nonfiction
or fiction and that are available in print or an electronic format.
(B) “Library materials” does not include textbooks or instructional materials that are
selected as provided by ORS 337.120, 337.141 or 337.260.
(c) “School library” means any collection of library materials made available to students
at a public school of this state:
(A) At a central location of the school;
(B) At a common area for one or more grades of the school; or
(C) Through an online remote education program.
(2) To comply with the prohibition on discrimination required by ORS 659.850, a licensed
teacher with a library media endorsement, a district school board, an administrator or any
other person responsible for the selection or retention of library materials in a school library
or a classroom library may not prohibit the selection or retention of, or refuse to select or
retain, library materials on the basis that the library materials include a perspective, study
or story of, or are created by, any individual or group against whom discrimination is pro-
hibited under ORS 659.850.
(3) Library materials may not be removed from a school library or a classroom library
at the request of a person who is not responsible for the selection or retention of the library
materials unless:
Enrolled Senate Bill 1098 (SB 1098-INTRO) Page 1
(a) The request is made as a formal written request by a parent or guardian of a student
of the school or an employee of the school;
(b) A committee from the school or school district considers the request made under
paragraph (a) of this subsection to ensure compliance with subsection (2) of this section and,
if after consideration of the request agrees to the removal, provides a public written expla-
nation for the removal; and
(c) The removal is not made until the committee provides the public written explanation
described in paragraph (b) of this subsection.
SECTION 3.
(1) The Department of Education shall provide technical assistance and
guidance to assist in strengthening school library programs in this state and to assist in
compliance with the requirements of section 2 of this 2025 Act.
(2) Technical assistance and guidance described in subsection (1) of this section may be
provided to:
(a) Licensed teachers with a library media endorsement and other licensed and unli-
censed staff of a school library, as that term is defined in section 2 of this 2025 Act;
(b) Teachers with a classroom library, as that term is defined in section 2 of this 2025
Act;
(c) School districts; and
(d) District school boards.
SECTION 4.
ORS 337.075 is amended to read:
337.075. (1) Except as provided by subsection (2) of this section, the State Board of Educa-
tion may adopt or reject any textbook or instructional materials contained in any proposal. If the
terms and conditions for furnishing a textbook or instructional materials in all proposals relating
to that textbook or instructional materials are considered by the board to be unreasonable or the
textbook [ is] or instructional materials are considered to be unsuitable pursuant to guidelines and
criteria established by the board, the board may reject the textbook or instructional materials .
(2) The board may not reject any textbook or instructional materials on the basis that
the textbooks or instructional materials include a perspective, study or story of, or are cre-
ated by, any individual or group against whom discrimination is prohibited under ORS
659.850.
[(2)] (3) At the same or subsequent sessions, the board may receive new proposals for a textbook
or instructional materials previously rejected and adopt the textbook or instructional materials
in the same manner as other textbooks or instructional materials are required to be adopted. [ No
proposal shall] A proposal may not be considered unless the publisher has delivered without charge
two copies of each textbook or instructional materials contained in the proposal to the Depart-
ment of Education at least 60 days before the meeting.
SECTION 5.
ORS 337.141 is amended to read:
337.141. The State Board of Education shall adopt[ :]
[(1) A list of textbooks and other instructional materials that may be used by a school district;
and]
[(2)] guidelines and criteria for a district school board to select textbooks and other instruc-
tional materials that are not on the list adopted under [ subsection (1) of this section. ] ORS 337.050.
The guidelines and criteria must prohibit:
(1) The rejection of any textbook or instructional materials on the basis that the text-
books or instructional materials include a perspective, study or story of, or are created by,
any individual or group against whom discrimination is prohibited under ORS 659.850.
(2) The removal of any textbook or instructional materials on the basis of a request made
by a person who is not a member of the district school board unless:
(a) The request is made as a formal written request by a parent or guardian of a student
of a school of the school district or by an employee of the school district;
(b) A committee from the school district considers the request made under paragraph (a)
of this subsection to ensure compliance with subsection (1) of this section and, if after con-
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sideration of the request agrees to the removal, provides a public written explanation for the
removal; and
(c) The removal is not made until the committee provides the public written explanation
described in paragraph (b) of this subsection.
SECTION 6. ORS 337.260, as amended by section 3, chapter 202, Oregon Laws 2019, and section
2, chapter 328, Oregon Laws 2023, is amended to read:
337.260. (1) Every district school board, the State Board of Education and every committee or
[officer] administrator responsible for the adoption of textbooks and other instructional materials
for use in the public schools shall adopt textbooks and other instructional materials on American
history and government that adequately stress the services rendered by those who achieved our
national independence, who established our form of constitutional government and who preserved
our federal union. Textbooks and other instructional materials shall adequately address the roles
in and contributions to the economic, political and social development of Oregon and the United
States by men and women who:
[(1)] (a) Are Native American;
[(2)] (b) Are of European, African, Asian, Pacific Island, Chicano, Latino, Middle Eastern or
Jewish descent;
[(3)] (c) Have disabilities;
[(4)] (d) Are immigrants or refugees; or
[(5)] (e) Are lesbian, gay, bisexual or transgender.
(2) To comply with the prohibition on discrimination required by ORS 659.850, a district
school board or a committee or administrator responsible for the adoption of textbooks or
other instructional materials under this section may not prohibit the use of, or refuse to
approve the use of, textbooks or instructional materials on the basis that the textbooks or
instructional materials include a perspective, study or story of, or are created by, any indi-
vidual or group identified in subsection (1) of this section.
(3) Textbooks or other instructional materials may not be removed from use in a public
school at the request of a person who is not responsible for the adoption of textbooks or
other instructional materials, as described in subsection (1) of this section, unless:
(a) The request is made as a formal written request by a parent or guardian of a student
of a school of the school district or an employee of the school district;
(b) A committee from the school district considers the request made under paragraph (a)
of this subsection to ensure compliance with subsection (2) of this section and, if after con-
sideration of the request agrees to the removal, provides a public written explanation for the
removal; and
(c) The removal is not made until the committee provides the public written explanation
described in paragraph (b) of this subsection.
SECTION 7. ORS 336.082 is amended to read:
336.082. (1) The State Board of Education shall encourage the development and implementation
of curriculum for public elementary and secondary schools in Oregon that will improve instructional
effectiveness or efficiency and that does not [ discriminate] include discrimination.
(2) The State Board of Education shall stimulate the development of nondiscriminatory courses
of study or parts of courses to improve instructional effectiveness or efficiency in public elementary
and secondary schools in Oregon. The board may direct the Department of Education or contract
with appropriate public educational agencies to develop program materials and to establish a
mechanism for the purpose of introducing the materials and implementing the techniques.
[(3) As used in subsection (1) of this section, “discriminate” has the meaning given
“discrimination” in ORS 659.850. ]
(3) To comply with the prohibition on discrimination required by ORS 659.850, a district
school board, an administrator or any person responsible for the development or implemen-
tation of curriculum in a public elementary or secondary school in Oregon may not prohibit
the use of, or refuse to approve the use of, program materials on the basis that the program
Enrolled Senate Bill 1098 (SB 1098-INTRO) Page 3
materials include a perspective, study or story of, or are created by, any individual or group
against whom discrimination is prohibited.
(4) As used in this section, “discrimination” has the meaning given that term in ORS
659.850.
SECTION 8. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
Passed by Senate March 31, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House June 9, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 1098 (SB 1098-INTRO) Page 4