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A BILL to amend the Code of Virginia by adding in Title 42.1 a chapter numbered 2.1, consisting of sections numbered
42.1-45.1
through
42.1-45.4
, relating to local, regional, and school library material.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 42.1 a chapter numbered 2.1, consisting of sections numbered
42.1-45.1
through
42.1-45.4
, as follows:
CHAPTER
2.1
.
LOCAL, REGIONAL, AND SCHOOL
LIBRAR
Y
MATERIAL
.
§
42.1-45.1
.
Definitions.
As used in this chapter
, unless the context requires a different meaning
:
"Censorship" means
the act of
suppress
ing
, restrict
ing
, remov
ing
, or prohibit
ing the
acqu
isition of
library material on the basis of disagreement with the material's origin
or
background
;
any
views, ideas,
or
concepts
expres
sed in the material
;
or
the
identity of
any individual who contributed
to its creation
,
including
the
race, gender, sexuality,
or
religious or political views
of any such individual
. "Censorship" does not include the act of suppressing, restricting, removing, or prohibiting the acquisition of library material on the basis
that
(i) such material
is deemed developmentally inappropriate
;
(ii)
the average person, applying contemporary standards, would find that the
material
, taken as a whole, appeals to the prurient interest
;
(iii)
the
material
, taken as a whole, clearly depicts or describes, in a patently offensive way, sexual conduct
;
or
(i
v
)
the material
, taken as a whole, clearly lacks serious literary, artistic, educational, political, or scientific value.
"Developmentally inappropriate" means not structured to account for a child's age and misaligned with the cognitive, emotional
,
or social development of the age group
of the intended audience
as informed by standards and guidance from the American Library Association or any other similar well
-
recognized and
well-
established educational or developmental authority.
"Government body" means any government decision-making body or governing body, such as a library board, that exercises authority over the purchasing, selection, curation, and location of
local
or
regional
library
material
.
"Individual with a vested interest in the
local or regional
library" means any
individual who
resides in
the
locality or region that is served by
the
local or regional library.
"Individual with a vested interest in the school library" means any
teacher in the
school division in which the school library is located
, any parent of a student enrolled in the school at the time th
at a
r
equest
for reconsideration
form is filed, and any student enrolled in the school at the time
that a
r
equest for reconsideration
form is filed.
"Librarian" means a professionally trained employee
in a local, regional, or school library
who is responsible for the selection,
purchase,
curation,
display
, and
removal
of library material.
"Library material" means any material
,
whether in physical or electronic form,
including books, videos, subscription or locally curated databases, audio materials, government documents, interactive applications and software,
or
other similar materials,
that is
owned by
, on loan to, or otherwise in the custody of
a
local, regional, or school
library.
"
Request for r
econsideration" means a request to reclassify
library material
, move
library material
to a different section
of the library
, or
remove
library material from
the library
.
§
42.1-45.2
.
Local or regional
library
material
policy.
A.
T
he
Librarian of Virginia
shall
develop and the Library Board shall adopt
and periodically amend as necessary
a model policy on
the selection, purchase, curation, display, and removal
of library material
and the request for reconsideration of library material
in
a
local or regional
library
.
Such
model policy shall, at a minimum:
1.
Recognize that
local and regional
libraries serve as centers for voluntary inquiry and the dissemination of information and ideas;
2.
Pro
hibit the
censorship of library material;
3.
Provide standards for the selection and curation of library material by the
local or regional
librarian while also recognizing that library material should be provided for the interest, information, and enlightenment of all
library users
and should present a wide range of points of view;
4.
Establish criteria and a procedure
,
based on professional standards
,
for
the periodic
review and removal of
library material
by the
local or regional
librarian. Such criteria shall include the library material's
relevance, the condition of the library material, the availability of duplicates, the availability of
updated
library
material, and the continued demand for the library material
;
5. Establish a model
request for reconsideration form
that may
be submitted by an individual with a vested interest in the
local or regional
library in order to initiate the review of specific library material
and that enables such an individual to
review the material as a whole, identify
the
section of the material t
o which
the individual
objects
, and provide an explanation for such objections
that takes into account the context in which
such section
of the material
is located
;
6. Require library material that is subject to a request for reconsideration to
remain available to reserve, check out, or access
during the pendency of the review of such request
;
7.
Require
each
government body
to
appoint a review committee
to review any request
for
reconsideration form submitted by an i
ndividual with a vested interest in the local or regional library. Such
review committee shall
consist
of
a
t least one member of the government body
, the chief librarian of the local or regional
librar
y,
a
librarian employed by the
local or regional
library
who
specializes in the subject of the request for reconsideration
, and a
ny additional library staff that the government body deems necessary
;
8. Require the review committee
appointed pursuant to subdivision 7
to
evaluate the request for re
consideration
form, review the library material
in question
, and report in writing its decision to the individual
who submitted the request
and to the government body within 30 business days from the date of receiving the form; and
9. Permit
the individual who filed the
request for
reconsideration
form
to
appeal the review committee's decision to the government body
within 30 days of such decision
,
require the government b
ody to
evaluate
the
review
committee's decision and make a
written
final determination
on
the disposition of the request for reconsideration
and its reasons for
such disposition
,
and require such written final determination to be made publicly available.
B. Eac
h local or regional library shall adopt policies that are consistent with the model policy developed pursuant to subsection A.
C. A
ny library material
for which a request for reconsideration form has been received and a review conducted pursuant to policies
adopted
in accordance with
subsection B shall not be subject to another review
for a
period of
one year
.
D
.
Nothing in this section shall be construed to require a librarian
employe
d by a local or regional library
to purchase or otherwise acquire a
ny
particular library material.
E.
Any staff member of a
local or regional
library, including a librarian employed by a
loc
al or regional
library, shall be immune from civil and criminal liability arising from good faith actions performed pursuant to this
section
.
F.
No g
overnment body shall reduce funding for a
local or regional
library due to the library's compliance with the provisions of this section.
§
42.1-45.3
.
School library collection policy.
A. The Superintendent of Public
Instruction,
in collaboration with the
Librarian of Virginia,
shall establish
and
periodically
amend as necessary
a model policy on
the selection, purchase, curation, display, and removal of library material and the request for reconsideration of library material in
a school library.
Such model policy shall, at a minimum:
1. Recognize that
school
libraries serve as centers for voluntary inquiry and the dissemination of information and ideas;
2. Prohibit the censorship of
school
library material;
3. Provide standards for the selection and curation of
school
library material by the
school
librarian while also recognizing that
school
library material should be provided for the interest, information, and enlightenment of all
school
library users and should present a wide range of points of view;
4. Establish criteria and a procedure, based on professional standards, for the periodic review and removal of
scho
ol
library material by the
school
librarian. Such criteria shall include the
school
library material's relevance, the condition of the
school
library material, the availability of duplicates, the availability of updated
school
library material, and the continued demand for the
school
library material;
5. Establish a model request for reconsideration form that may be submitted by an individual with a vested interest in the
school
library in order to initiate the review of specific
school
library material and that enables such an individual to review the material as a whole, identify the section of the material to which the individual objects, and provide an explanation for such objections that takes into account the context in which such section of the material is located;
6. Require
school
library material that is subject to a request for reconsideration to remain available to reserve, check out, or access during the pendency of the review of such request
;
7. Require
each school board
to appoint a review committee to review any request for reconsideration form submitted by an individual with a vested interest in the
school
library. Such review committee shall consist of at least one member of the
school board
,
the division superintendent or his designee, the principal of the school in which the form is submitted or such principal's designee,
a school
librarian
with an
endorsement in library media preK-12 who is
employed at the school in which the form is submitted, a
nd a
grade-appropriate
teacher
,
provided
that s
uch
teacher selected is not the individual who submitted the form
;
8. Require the review committee appointed pursuant to subdivision 7 to evaluate the request for reconsideration form, review the
school
library material in question, and report in writing its decision to the individual
who submitted the request
and to the
school b
oa
rd
within 30 business days from the date of receiving the form; and
9. Permit the individual who filed the request for reconsideration form to appeal the review committee's decision to the
school board
within 30 days of such decision
,
require the
school board
to
evaluate
the review committee's decision and make a written final determination on the disposition of the request for reconsideration and its reasons for such disposition
,
and require such written final determination to be made publicly available.
B. Each
school board
shall adopt policies that are consistent with the model policy developed pursuant to subsection A.
C. Any
school
library material for which a request for reconsideration form has been received and a review conducted pursuant to policies adopted
in accordance with
subsection
B
shall not be subject to another review for a period of one year.
D. Nothing in this section shall be construed to require a
school
librarian
to purchase or otherwise acquire a
ny
particular
school
library material.
E. Any staff member of a
school
library, including a librarian employed by
the school board
, shall be immune from civil and criminal liability arising from good faith actions performed pursuant to this section.
§
42.1-45.4
. Declaratory and injunctive relief.
A.
A librarian who has been subjected to discipline, termination, or threats of discipline or termination for refusing to
engage in the
censor
ship of
library materials in violation of policies established pursuant to this chapter may seek relief against
the relevant
government body
or school board
in any court of competent jurisdiction for declaratory and injunctive relief including reinstatement, back pay, restoration of benefits, and such other equitable relief as may be appropriate and necessary to make the
librarian
whole.
B.
An
y
individual with a vested interest in a
local or regional library or individual with a vested interest in a school
library may seek relief in any court of competent jurisdiction for declaratory and injunctive relief against
the
relevant
government body
or school board
for en
gaging in
censorship of library materials in violation of policies established pursuant to this chapter.
However, a
student
or a student's parent
shall only be permitted to
challenge censorship of library materials
in the school library of the
school that the student attends.
C.
An author whose library materials have been subjected to censorship may bring an action in any court of competent jurisdiction for declaratory and injunctive relief against
the relevant
government body
or school board for engaging
in such
censorship
in violation of policies established pursuant to this chapter.
D.
Any school
board employee or
employee
in a local or regional library
who acts
pursuant to direct orders from a
local
, state, or federal govern
ing body
shall not be liable for censorship.
E.
Any action or proceeding
instituted
pursuant to the provisions of
this section shall be commenced no later than one year after the date on which the violation
in question
is committed.