SB13 - Relating to a school district's library materials and catalog, the establishment of local school library advisory councils, and parental rights regarding public school library catalogs and access by the parent's child to library materials.

      S.B. No. 13         AN ACT   relating to a school district's library materials and catalog, the   establishment of local school library advisory councils, and   parental rights regarding public school library catalogs and access   by the parent's child to library materials.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 26.004(b), Education Code, is amended to   read as follows:          (b)  A parent is entitled to access to all written records of   a school district concerning the parent's child, including:                (1)  attendance records;                (2)  test scores;                (3)  grades;                (4)  disciplinary records;                (5)  counseling records;                (6)  psychological records;                (7)  applications for admission;                (8)  health and immunization information;                (9)  teacher and school counselor evaluations;                (10)  reports of behavioral patterns; [ and ]                (11)  records relating to assistance provided for   learning difficulties, including information collected regarding   any intervention strategies used with the child ; and                 (12)     records relating to school library materials the   child obtains from a school library .          SECTION 2.  Subchapter B, Chapter 33, Education Code, is   amended by adding Sections 33.020 and 33.0205 to read as follows:           Sec. 33.020.  DEFINITIONS. In this subchapter:                 (1)     "Harmful material" has the meaning assigned by   Section 43.24, Penal Code.                 (2)     "Indecent content" means content that portrays   sexual or excretory organs or activities in a way that is patently   offensive.                 (3)     "Library material" means any book, record, file,   or other instrument or document in a school district's library   catalog.   The term does not include instructional material, as   defined by Section 31.002, or materials procured for the TexShare   consortium under Subchapter M, Chapter 441, Government Code.                 (4)     "Profane content"   means content that includes   grossly offensive language that is considered a public nuisance.           Sec.   33.0205.     CONSTRUCTION OF SUBCHAPTER. Nothing in this   subchapter may be construed as limiting the acquisition of   instructional material, as defined by Section 31.002, necessary for   the teaching of, instruction in, or demonstration of knowledge of   the essential knowledge and skills adopted under Section 28.002.          SECTION 3.  Section 33.021, Education Code, is amended by   amending Subsection (d) and adding Subsection (e) to read as   follows:          (d)  The standards adopted under Subsection (c) must:                (1)  be reviewed and updated at least once every five   years; and                (2)  include a collection development policy that:                      (A)  prohibits the possession, acquisition, and   purchase of:                            (i)  harmful material[ , as defined by   Section 43.24, Penal Code ];                            (ii)  library material rated sexually   explicit material by the selling library material vendor; [ or ]                            (iii)  library material that is pervasively   vulgar or educationally unsuitable as referenced in Board of   Education v.  Pico [ v. Board of Education ], 457 U.S. 853 (1982);                             (iv)     library material containing indecent   content or profane content; or                             (v)     library material that refers a person   to an Internet website containing content prohibited under this   subsection, including by use of a link or QR code, as defined by   Section 443.001, Health and Safety Code;                      (B)  recognizes that obscene content is not   protected by the First Amendment to the United States Constitution;                      (C)  is required for all library materials   available for use or display, including material contained in   school libraries, classroom libraries, [ and ] online catalogs ,   library mobile applications, and any other library catalog a   student may access ;                      (D)  recognizes that parents are the primary   decision makers regarding a student's access to library material;                      (E)  encourages schools to provide library   catalog transparency;                      (F)  recommends schools communicate effectively   with parents regarding collection development; [ and ]                      (G)  prohibits the removal of material based   solely on the:                            (i)  ideas contained in the material; or                            (ii)  personal background of:                                  (a)  the author of the material; or                                  (b)  characters in the material ; and                       (H)     demonstrates a commitment to compliance with   the Children's Internet Protection Act (Pub. L. No.   106-554),   including through the use of technology protection measures, as   defined by that Act .           (e)     A school district may adopt local policies and   procedures in addition to the standards adopted under Subsection   (c) that do not conflict with the standards adopted under that   subsection or other requirements of this code.          SECTION 4.  Subchapter B, Chapter 33, Education Code, is   amended by adding Sections 33.023, 33.024, 33.025, 33.026, and   33.027 to read as follows:           Sec.   33.023.     PARENTAL ACCESS TO LIBRARY CATALOG AND ACCESS   BY THE PARENT'S CHILD TO CERTAIN LIBRARY MATERIALS. (a)   A school   district or open-enrollment charter school shall adopt procedures   that provide for a parent of a child enrolled in the district or   school to:                 (1)     access the catalog of available library materials   at each school library in the district or school; and                 (2)     submit to the district or school a list of library   materials that the parent's child may not be allowed to check out or   otherwise access for use outside of the school library.           (b)     The procedures adopted under Subsection (a)(2) must   allow for a parent to submit a list of library materials through:                 (1)  an electronic or physical form; or                 (2)     the district's or school's online library catalog   system.           (c)     A school district or open-enrollment charter school may   not allow a student to check out or otherwise use outside the school   library a library material the student's parent has included in a   list submitted under Subsection (a)(2).           (d)     Notwithstanding Section 31.0211(c), a school district   or open-enrollment charter school may use funds from the district's   or school's instructional materials and technology allotment under   Section 31.0211 for costs associated with complying with this   section.           Sec.   33.024.     PARENTAL ACCESS TO STUDENT LIBRARY RECORDS.     Each school district and open-enrollment charter school that uses a   learning management system or an online learning portal shall,   through the system or portal, provide to each parent of a child   enrolled in the district or school a record of each time the   parent's child checks out or otherwise uses outside the school   library a library material. The record must include, as   applicable, the title, author, genre, and return date of the   library material.           Sec.   33.025.     LOCAL SCHOOL LIBRARY ADVISORY COUNCIL. (a)   Subject to Subsection (b), the board of trustees of each school   district may establish a local school library advisory council to   assist the district in ensuring that local community values are   reflected in each school library catalog in the district. A school   district that does not establish a local school library advisory   council must ensure that the district's procedures for adding or   removing library materials to or from a school library catalog   comply with:                 (1)     the library standards approved under Section   33.021; and                 (2)     the meeting requirements under Subsections (g) and   (h).           (b)     The board of trustees of a school district shall   establish a local school library advisory council if the parents of   at least 10 percent of the students enrolled in the district or 50   or more parents of students enrolled in the district, whichever is   fewer, present to the board a petition to establish a local school   library advisory council. A council established under this   subsection may not be abolished until the third anniversary of the   date on which the council was established.           (c)     Except as provided by Section 33.026(f), a school   district that establishes a local school library advisory council   must consider the recommendations of the local school library   advisory council before:                 (1)     adding library materials to a school library   catalog;                 (2)     removing library materials from a school library   catalog following a challenge under Section 33.027; or &#x [Text truncated for display. Full text available on LegiScan.]