Haggerty supports Bill to Protect Free Expression

Bill aims to prevent bias in library decisions, protect librarians

BOSTON – State Representative Richard M. Haggerty (D-Woburn) along with his colleagues in the House and Senate recently took action to protect freedom of thought and expression in Massachusetts schools and public libraries and safeguard open access to books and other educational materials.

As school and public libraries nationally are increasingly faced with politically-charged debates over banning access to particular library books, the bill—An Act regarding free expression, S.2696—creates clear guidelines for how schools and libraries decide which books to make available, and how local leaders determine whether a book is appropriate or should be removed from the shelf.

“It’s completely fair for a parent to decide what their own children read, but those same parents and others can’t make that decision for every other family in our community,” said Representative Haggerty. “Under this bill, reviewing school and public library materials follows a clear and fair process, led by trained librarians, so those decisions on what materials are available reflect the whole community. It protects the freedom of expression our libraries are built on and keeps our schools places where learning comes first, so students and people of all ages can freely access the full range of materials and ideas protected by free speech.”

The following are provisions of the legislation:

Sets Expectations for School Library Materials. Ensures students have free and open access to library books and other school library materials by establishing clear standards for library teachers and other employees to follow as they select school library materials. Requires that school library materials be age-appropriate, serve an educational purpose, and be chosen based on a teacher or employee’s professional training—leaving aside any of their own personal, political, or doctrinal views that could affect whether or not they place the book on the shelf.

Requires Local Districts to Craft Policies. Requires all school districts, charter schools, and local education agencies to adopt their own policies on how to select library materials. All policies must align with American Library Association standards. Directs the Massachusetts Board of Library Commissioners and the Massachusetts Library System to share sample policies and make resources available to help local school committees and other school library administrators create or revise their own policies.

Sets the Threshold for Removing a Book. 

Guards against spurious or unfounded challenges to school library books by keeping a book in question on the shelves unless and until a public hearing process has taken place and the appropriate authority has voted to remove it. Limits who can initiate a challenge to school staff, parents or guardians, and students. Standardizes a patchwork of local practices by laying out the process for authorities to respond to a book challenge and prescribing the threshold that must be met for an authority to remove it. After publishing a notice and holding a public hearing, a review committee of local school personnel would decide whether the material is devoid of educational, literary, artistic, personal, or social value, or whether the material is not age-appropriate for any student. The local school committee would then vote on whether to remove the challenged material. A student, parent, or guardian could contest the school committee’s decision to remove library materials by challenging the decision in court.

Offers Assistance to Municipal Public Libraries. 

Directs the Board of Library Commissioners to provide resources to assist local public libraries in developing policies that cover the selection and use of library materials, the development of library collections, and the process to respond to any challenges to remove or restrict access to books and other materials. Requires such policies to include a statement that library materials shall not be selected, proscribed, or removed based on personal, political, or doctrinal disapproval or bias.

Provides Opportunities for Appeals. 

Allows authors, creators, and residents of the city or town to appeal decisions to remove materials from the city or town’s local public library. The appeals would be filed in Superior Court.

Holds Librarians Harmless. 

Protects school employees and public librarians from professional, civil, or criminal penalties based on their selection of library materials. Prohibits the revocation of professional certification or department-issued professional license on the basis of the employee’s selection of library materials, provided that the decision was made in good faith and in accordance with the school’s library materials policy. Prohibits the local district from taking other adverse actions against the employee for such professional decisions, including dismissal, discipline, probation, or involuntary transfer.

Collects Data from Schools and Public Libraries. 

Requires the Board of Library Commissioners to collect data on challenges to books and other educational materials in libraries around the state and file an annual report with the Legislature. Requires school districts, charter schools, and local education agencies to submit a report to the Department of Elementary and Secondary Education (DESE) on challenges to school library materials, and the outcomes of those challenges. 

Governor Maura Healey has signed the legislation into law.