SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 552

57th legislature - STATE OF NEW MEXICO - first session, 2025

 

 

 

 

 

 

 

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; ENACTING THE PROTECTION OF SCHOOL LIBRARY MATERIALS ACT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Protection of School Library Materials Act"."

     SECTION 2. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Protection of School Library Materials Act:

          A. "library resource" means printed and digital or electronic books and other educational media and includes:

                (1) magazines, newspapers or pamphlets;

                (2) online reference and periodical databases, streaming resources or computer software;

                (3) microfiche or microfilm;

                (4) films, filmstrips, audiotapes, video tapes, disc records, compact discs or slides;

                (5) library programs or exhibits; and

                (6) other printed or unprinted material related to speech; and

          B. "library staff member" means a public school librarian, teacher librarian, library media specialist or a school employee assigned to duties in a library or a school employee who carries out or assists with the functions of a public school library."

     SECTION 3. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] WRITTEN POLICIES.--By September 1, 2025, each local school board and charter school governing body shall establish and submit to the department for approval:

          A. written policies for the acquisition, retention, display and use of library resources that comply with the provisions of Section 4 of the Protection of School Library Materials Act; and

          B. a written policy for the reconsideration of a library resource that complies with the provisions of Section 5 of the Protection of School Library Materials Act."

     SECTION 4. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] STANDARDS.--The written policies established by a local school board or charter school governing body pursuant to Subsection A of Section 3 of the Protection of School Library Materials Act shall:

          A. comply with the first amendment to the United States constitution or Article 2, Section 17 of the constitution of New Mexico concerning freedom of speech, whichever is more protective of speech; and

          B. protect against harassment and discrimination, particularly regarding a protected class based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin or ancestry, with respect to the author, content and intended audience of a library resource."

     SECTION 5. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] RECONSIDERATION OF LIBRARY RESOURCES.--

          A. A public school library may remove a library resource from its permanent collection only if that resource has been reviewed in accordance with the applicable reconsideration policy established pursuant to Section 3 of the Protection of School Library Materials Act; provided that the provisions of this subsection do not apply to routine collection, maintenance and deaccession in accordance with a public school library's established collection development and maintenance policy.

          B. Each local school board and charter school governing body shall make its established reconsideration policy available to the public.

          C. A request for reconsideration of a library resource may be made only by a parent of a student enrolled at that school.

          D. A library resource shall not be subject to reconsideration more than once in a two-year period; provided that an established reconsideration policy may specify a period longer than two years.

          E. A final determination on a request for reconsideration shall be available to the public and shall include the standards used in making the determination.

          F. A public school library shall not remove, discontinue or restrict a library resource as the result of a request for reconsideration until the determination regarding the library resource has been made available to the public pursuant to Subsection E of this section.

          G. A written request for reconsideration of a library resource is a public record pursuant to the Inspection of Public Records Act."

     SECTION 6. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] RETALIATION PROHIBITED.--A library staff member shall not be subject to termination, demotion, discipline or retaliation for refusing to remove a library resource before that library resource has been reviewed in accordance with the applicable reconsideration policy or for making decisions that the library staff member believes, in good faith, are in accordance with that policy."

     SECTION 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

- 5 -