S T A T E O F N E W Y O R K
________________________________________________________________________
9537--A
I N A S S E M B L Y
January 14, 2026
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Introduced by M. of A. SIMONE, PAULIN, SCHIAVONI, STECK, SHIMSKY,
R. CARROLL -- read once and referred to the Committee on Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to enacting the "freedom
to read act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "freedom to read act".
§ 2. The education law is amended by adding a new section 414-a to
read as follows:
§ 414-A. SCHOOL LIBRARY MATERIALS. 1. (A) EACH BOARD OF EDUCATION
SHALL ADOPT A WRITTEN POLICY FOR THE RECONSIDERATION OF SCHOOL LIBRARY
MATERIALS. SUCH POLICY SHALL EXPLAIN: (I) HOW COMPLAINTS REGARDING
LIBRARY MATERIALS MAY BE SUBMITTED; (II) WHO IS RESPONSIBLE FOR REVIEW-
ING COMPLAINTS; AND (III) HOW A FINAL DECISION IS MADE.
(B) A POLICY ADOPTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
SHALL INCLUDE A GENERAL TIMELINE FOR THE REVIEW PROCEDURE AND PROVIDE
FOR THE CREATION OF A RECONSIDERATION COMMITTEE TO REVIEW COMPLAINTS
REGARDING SCHOOL LIBRARY MATERIALS. SUCH RECONSIDERATION COMMITTEE SHALL
BE COMPOSED OF AT LEAST ONE OF EACH OF THE FOLLOWING, AND EACH WHICH
SHALL BE AFFILIATED WITH THE RELEVANT SCHOOL DISTRICT, AND MAY BE A
STANDING COMMITTEE AT THE DISCRETION OF THE DISTRICT: (I) A CERTIFIED
LIBRARIAN OR LIBRARY MEDIA SPECIALIST; (II) A TEACHER; (III) A SCHOOL
ADMINISTRATOR; AND (IV) A PARENT OR GUARDIAN OF A CURRENT STUDENT IN
SUCH DISTRICT.
(C) A POLICY ADOPTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
SHALL FURTHER PROVIDE FOR A FINAL APPEAL TO THE BOARD OF EDUCATION. SUCH
POLICY SHALL ALSO PROVIDE NOTICE ON THE RIGHT TO FILE APPEALS TO THE
COMMISSIONER PURSUANT TO SECTION THREE HUNDRED TEN OF THIS CHAPTER. ALL
DECISIONS SHALL FOLLOW THE SCHOOL DISTRICT'S WRITTEN POLICIES AND SHALL
NOT BE BASED SOLELY ON DISAGREEMENT WITH THE IDEAS, VIEWPOINTS, OR IDEN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14305-06-6
A. 9537--A 2
TITIES REPRESENTED IN THE MATERIAL. SUCH POLICY SHALL BE MADE AVAILABLE
ON THE SCHOOL DISTRICT'S WEBSITE.
2. NO LIBRARY MATERIAL SHALL BE REMOVED, RESTRICTED, SUPPRESSED, OR
PROHIBITED IF ONE OF THE MOTIVATING FACTORS IS DISAGREEMENT WITH THE
THEMES, IDEAS, OR VIEWPOINTS EXPRESSED IN IT OR BECAUSE OF THE IDENTI-
TIES OF THE AUTHOR, SUBJECT, OR CHARACTERS. REMOVAL OR RESTRICTION SHALL
COMPLY WITH THE SCHOOL DISTRICT'S ADOPTED POLICIES AND THE MATERIAL
SHALL NOT BE REMOVED FROM ITS LOCATION WITHIN THE LIBRARY AND SHALL
REMAIN AVAILABLE TO RESERVE, CHECK OUT, OR ACCESS WHILE IT IS UNDER
REVIEW.
3. LIBRARY MATERIAL MAY BE RESTRICTED TO AGE-APPROPRIATE GRADE LEVELS
BASED ON DEVELOPMENTAL STANDARDS, BUT NO LIBRARY MATERIAL SHALL BE
REMOVED, RESTRICTED, SUPPRESSED, OR PROHIBITED UNLESS, AS TO THE OLDEST
GRADE LEVEL SERVED BY THE LIBRARY, IT MEETS THE STANDARD FOR OBSCENITY
ESTABLISHED IN MILLER V. CALIFORNIA, 413 U.S. 15 (1973), SPECIFICALLY
THAT IT:
(A) PRIMARILY APPEALS TO THE PRURIENT INTEREST;
(B) IS PATENTLY OFFENSIVE IN ITS DEPICTION OF SEXUAL CONDUCT; AND
(C) TAKEN AS A WHOLE, CLEARLY LACKS SERIOUS LITERARY, ARTISTIC, EDUCA-
TIONAL, POLITICAL, OR SCIENTIFIC VALUE.
4. NO LIBRARY MEDIA SPECIALIST OR OTHER SCHOOL EMPLOYEE SHALL FACE
DISCIPLINARY ACTION FOR SELECTING, RETAINING, OR RECOMMENDING LIBRARY
MATERIALS IN REASONABLE RELIANCE ON THE SCHOOL DISTRICT'S ADOPTED POLI-
CIES. THIS SHALL NOT LIMIT THE SUPERINTENDENT'S OR BOARD OF EDUCATION'S
GENERAL SUPERVISORY AUTHORITY OVER EMPLOYEES, AS LONG AS SUCH SUPER-
VISION IS NOT BASED ON DISAGREEMENT WITH THE VIEWPOINTS IN MATERIALS.
5. THE COMMISSIONER, IN CONSULTATION WITH THE STATE LIBRARIAN AND
OTHER STAKEHOLDERS, SHALL PROMULGATE ANY REGULATIONS NECESSARY FOR THE
IMPLEMENTATION OF THIS SECTION AND SHALL DEVELOP ONE OR MORE MODEL POLI-
CIES FOR USE BY SCHOOL DISTRICTS AND SCHOOL LIBRARY SYSTEMS. SUCH REGU-
LATIONS AND MODEL POLICIES SHALL BE CONSISTENT WITH AND MAY NOT DIMINISH
OR NARROW THE PROTECTIONS ESTABLISHED BY THIS SECTION.
6. (A) SCHOOL LIBRARY SYSTEMS, AS ESTABLISHED PURSUANT TO SECTION TWO
HUNDRED EIGHTY-TWO OF THIS CHAPTER, SHALL SUPPORT SCHOOL DISTRICTS IN
IMPLEMENTING THIS SECTION, INCLUDING ASSISTANCE IN ADOPTING POLICIES OR
TAILORING MODEL POLICIES CONSISTENT WITH THIS SECTION AND PROVIDING
CONTINUING EDUCATION AND PROFESSIONAL DEVELOPMENT TO SCHOOL LIBRARIANS,
ADMINISTRATORS, AND DISTRICT LEADERS REGARDING STATUTORY OBLIGATIONS
GOVERNING SCHOOL LIBRARY MATERIALS.
(B) SCHOOL LIBRARY SYSTEMS MAY PROVIDE GUIDANCE, TRAINING, OR PROFES-
SIONAL DEVELOPMENT TO ASSIST SCHOOL DISTRICTS AND SCHOOL PERSONNEL IN
IMPLEMENTING THIS SECTION, CONSISTENT WITH EXISTING PROGRAMS, RESOURCES,
AND OFFERINGS.
§ 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.