Libraries

Plain English Breakdown

Checked against official source text during the last sync.

Freedom to Read Act

This bill removes an existing law about age-appropriate materials in school libraries and creates a new law called the Freedom to Read Act that stops libraries from banning books based on their content or viewpoint.

What This Bill Does

• Removes the Age-Appropriate Materials Act of 2022, which had rules for what kinds of materials could be in public school libraries.
• Creates a new law called the Freedom to Read Act that stops public libraries from banning books based on their content or viewpoint.
• Requires public library governing bodies to adopt policies for selecting and reviewing library materials, including procedures for handling challenges to those materials.
• Prohibits discrimination against employees who follow this new act's rules.
• Requires reports of any book challenges to be sent to the Tennessee state library coordinator.

Who It Names or Affects

• Public libraries in Tennessee
• Schools and school boards that manage public school libraries
• Library employees

Terms To Know

Governing body

A group of people who oversee the operations, budget, policies, and other responsibilities of a public library.

Materials

Books, periodicals, newspapers, films, documents, microfilm, discs, cassettes, videotapes, videogames, applications, and any form of subscription content in libraries.

Limits and Unknowns

• The bill does not specify what happens if a library violates the new rules.
• It is unclear how existing school policies will be updated to comply with this act.
• The effectiveness of the reporting requirement for book challenges is uncertain.

Official Summary Text

This bill deletes the
Age-Appropriate Materials Act of 2022
and enacts the
Freedom to Read Act.

Generally, the
Age-Appropriate Materials Act of 2022
:

(1) Requires that materials in a public school library collection

suitable for the age and maturity levels of the students who may access the materials and must be suitable for, and consistent with, the educational mission of the school
;

(2) Declares inappropriate for students in grades kindergarten-12 any materials t
hat
contain nudity
;
or descriptions or depictions of sexual excitement, sexual conduct, excess violence, or sadomasochistic abuse
; are patently offensive, or appeal to the prurient interest;

(3) Requires public schools to maintain a list of materials in
their library collection on their website; and

(4) Requires the governing bodies of public schools to adopt a policy for developing and reviewing school library collections, which must include a
procedure for the governing body to receive and evaluate fe
edback from a student, a student's parent or guardian, or a school employee regarding one or more of the materials in the library collection of the student's or employee's school
.

This bill also deletes present law that requires the state textbook commis
sion to assist LEAs in performing the duties required by the
Age-Appropriate Materials Act of 2022
and hear appeals of determinations made based on feedback received under (4).

This bill prohibits public libraries, including public school libraries, from

ban
ning
, remov
ing
, or otherwise restrict
ing
access to a book or other material based solely on its viewpoint or the messages, ideas, or opinions it conveys, except based upon:

(1) Practical reasons, including, but not limited to, shelf space limitation
s, rare or antiquarian status, damage, or obsolescence;

(2) Legitimate pedagogical concerns, including, but not limited to, the appropriateness of potentially sensitive topics for the library's intended audience, the selection of books and materials for
a curated collection, or the likelihood of causing a material and substantial disruption of the work and discipline of the school; or

(3) Compliance with state or federal law.

This bill prohibits
any public body with personnel authority for a public li
brary
from
discriminat
ing
against or disciplin
ing
an employee for complying with this
bill
.

This bill requires each
governing body of a public library
to
adopt a policy that establishes procedures for selection of, challenges to, and reconsideration of l
ibrary materials
, which
policy must establish that the procedures for selection and reconsideration will be administered by
a certified l
ibrarian
,

t
he state library coordinator
, a
n individual with a master's degree in library science or library and informa
tion science
,
or
a
professional librarian or a person trained in library collection management.

Once a
content challenge or reconsideration process
is completed, this bill requires
the
library's
governing body
to
submit a report of the challenge to the
Tennessee state library coordinator
. The full text of this bill specifies the contents that must be included in such reports.

Current Bill Text

SENATE BILL 701
By Kyle

HOUSE BILL 715
By Jones J

HB0715
002297
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 10
and Title 49, relative to libraries.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 10, Chapter 3, is amended by adding
the following as a new part:
10-3-201. Short title.
This part is known and may be cited as the "Freedom to Read Act."
10-3-202. Part definitions.
As used in this part:
(1) "Governing body" means a group of persons that oversee the
operations, budget, policies, and other administrative responsibilities of a public
library;
(2) "Materials" means books, periodicals, newspapers, manuscripts,
films, prints, documents, microfilm, discs, cassettes, videotapes, videogames,
applications, and subscription content in any form; and
(3) "Public library":
(A) Means:
(A) A library that provides free access to all residents of a
city or county, and is organized under the provisions of this
chapter;
(B) A school library operated by a local board of education
or public charter school governing body; and

- 2 - 002297

(C) A library operated by a public institution of higher
education; and
(B) Does not include libraries such as law, medical, or other
libraries organized to serve a special group of persons and not the
general public.
10-3-203. Book banning prohibited.
(a) A public library shall not ban, remove, or otherwise restrict access to a book
or other material based solely on its viewpoint or the messages, ideas, or opinions it
conveys, except as provided in subsection (b).
(b) A public library may decline to purchase, lend, or shelve, or to remove or
restrict access to, books or other materials legitimately based upon:
(1) Practical reasons, including, but not limited to, shelf space limitations,
rare or antiquarian status, damage, or obsolescence;
(2) Legitimate pedagogical concerns, including, but not limited to, the
appropriateness of potentially sensitive topics for the library's intended audience,
the selection of books and materials for a curated collection, or the likelihood of
causing a material and substantial disruption of the work and discipline of the
school; or
(3) Compliance with state or federal law.
10-3-204. Prohibition of discrimination for enforcement of this part.
A governing body of a public library or any other public body with personnel
authority for a public library shall not discriminate against or discipline an employee for
complying with this part.
10-3-205. Library materials policy.

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(a) A governing body of a public library shall adopt a policy that establishes
procedures for selection of, challenges to, and reconsideration of library materials in
accordance with this part.
(b) The policy must establish that the procedures for selection and
reconsideration will be administered by:
(1) A librarian certified under title 10, chapter 2;
(2) The state library coordinator as described under § 49-1-217;
(3) An individual with a master's degree in library science or library and
information science; or
(4) A professional librarian or a person trained in library collection
management.
(c) Upon the completion of a content challenge or reconsideration process in
accordance with the governing body's adopted policy, the governing body must submit a
report of the challenge to the Tennessee state library coordinator that includes:
(1) The title, author, and other relevant identifying information about the
material being challenged;
(2) The date, time, and location of any public hearing held on the
challenge in question, including minutes or transcripts;
(3) The result of the challenge or reconsideration request; and
(4) Accurate and timely information on who from the governing body the
department of education may contact with questions or follow-up.
SECTION 2. Tennessee Code Annotated, Title 49, Chapter 6, Part 38, is amended by
deleting the part.
SECTION 3. Tennessee Code Annotated, Section 49-6-2201, is amended by deleting
subsection (m).

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SECTION 4. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it.