Bill Text: NH HB1311 | 2024 | Regular Session | Amended

New Hampshire House Bill 1311

Bill Title: Relative to school district collection development and reconsideration policies.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Engrossed) 2024-05-30 - House Non-Concurs with Senate Amendment 2024-1945s (Rep. Ladd): Motion Adopted Voice Vote 05/30/2024 House Journal 15 [HB1311 Detail]

Download: New_Hampshire-2024-HB1311-Amended.html

HB 1311 - AS AMENDED BY THE SENATE

05/22/2024 1945s

2024 SESSION

24-2291

02/08

HOUSE BILL 1311

AN ACT relative to school district collection development and reconsideration policies.

SPONSORS: Rep. D. Paige, Carr. 1; Rep. Brennan, Merr. 9; Rep. DiLorenzo, Rock. 10; Rep. Germana, Ches. 1; Rep. Myler, Merr. 9; Rep. Tanner, Sull. 5; Rep. Bordes, Belk. 5; Rep. Thackston, Ches. 12; Rep. Telerski, Hills. 11; Sen. Fenton, Dist 10; Sen. Perkins Kwoka, Dist 21

COMMITTEE: Education

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ANALYSIS

This bill requires school boards to adopt policies governing library media collections and the reconsideration of library materials.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/22/2024 1945s 24-2291

02/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to school district collection development and reconsideration policies.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraphs; Duties of State Board of Education. Amend RSA 186:11 by inserting after paragraph IX-d the following new paragraphs:

IX-e. Require school districts to adopt a policy governing collection development for the district’s library media centers. The policy shall be posted on the district website. This paragraph shall not prohibit a school district from adopting procedures required under paragraph IX-c of this section. The collection development policy shall, at minimum:

(a) Govern collection development for the district’s library media centers. Such policy shall outline criteria for the selection and deaccession of library materials and shall be written in substantial compliance with the aims and goals of RSA 354-A:27, including prohibitions on proscribing or including materials primarily on the basis of authors’ or subjects’ age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, national origin or sexual orientation. Such policy shall further state that material shall not be proscribed or selected primarily on the basis of viewpoint.

(b) Govern the reconsideration of library materials by school staff. Such policy shall be written in substantial compliance with the aims and goals of RSA 354-A:27, including prohibitions on removing materials primarily on the basis of authors’ or subjects’ age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, national origin or sexual orientation. Such policy shall further state that material shall not be removed primarily on the basis of viewpoint. Such policy shall establish a process by which parents and permanent guardians may submit a request for reconsideration to the school superintendent or principal where the student is enrolled alleging that certain library material is unsuitable on the basis of those selection criteria outlined in the district’s collection development policy. Such reconsideration policy shall define a process for review of the material that is the subject of the request and a timeline for resolution of the request. Such policy shall stipulate that access to the material that is subject to the request shall not be removed or restricted while review is pending.

IX-f. Require school districts to adopt a policy governing complaints submitted by parents or guardians of students who allege that material is harmful to minors, age-inappropriate, or otherwise offensive or inappropriate for use in the child’s school. The policy shall be posted on the district website. The complaint resolution process shall, at a minimum, provide that:

(a) Complaints be submitted in writing to the principal of the school where the student is enrolled, contain a reasonably detailed description of the material that is alleged to be harmful to minors, age-inappropriate, or otherwise offensive or inappropriate for use in the child’s school, and propose an action to be taken by the school district relative to the material.

(b) The school principal or designee take reasonable steps to investigate the allegations in the complaint, including but not limited to, reviewing the material complained of, meeting with the parent or guardian who submitted the complaint in person, or communicating with the parent or guardian by email or telephone, within 20 days of receipt of the complaint.

(c) The school principal or designee determine whether the material that is the subject of the complaint is harmful to minors, age-inappropriate, or otherwise offensive or inappropriate for use in the child’s school or for use in the context in which the material is being used.

(d) The school principal or designee, within 30 days of receipt of the complaint, determine whether student access to, or use of, the material that is the subject of the complaint will remain in place without change, be removed, be restricted, be modified, or have other action taken with respect to the material.

(e) The school principal or designee, within 5 calendar days of making the determination required in subparagraph (d), provide a written response to the complainant explaining his or her decision, which includes:

(1) Whether the material has been determined to be harmful to minors, age-inappropriate, or otherwise offensive or inappropriate for use in the child’s school;

(2) A description of why the principal or designee reached his or her conclusions; and

(3) An explanation of the value the principal or designee finds the material provides, if any.

(f) The complainant may appeal the determination of the principal or designee to the school board in writing within 30 calendar days of receipt of the determination of the principal or designee, or at the next regularly scheduled meeting of the school board.

(g) The local school board shall place the appeal on its agenda no more than 60 days after receiving notice of the appeal. The school board shall permit the parent or guardian to be heard as part of the agenda at a regularly scheduled board meeting.

(h) The school board shall make the challenged material available to the public upon its receipt of notice of the appeal through the time of its final determination by placing a copy of the work and instructions describing how to access the work at the front reception desk of the school building where the work was found.

(i) The school board shall, within 30 calendar days of the meeting at which the appeal is heard, take a recorded roll call vote on the appeal and issue a written decision that:

(1) Reflects the vote of each of the members; and

(2) Describes the reason(s) for the school board’s decision with reference to:

(A) Whether the material has been determined to be harmful to minors, age-inappropriate, or otherwise offensive or inappropriate for use in the child’s school;

(B) A description of why the school board reached its conclusions; and

(j) Any of the time limitations identified in this paragraph may be extended by agreement of the parties.

IX-g. When used in this chapter, "library materials" shall mean books, videos, databases, newspapers, magazines and other such periodicals, charts, graphs, movies, games, maps, interactive applications and software, and other such enrichment or entertainment materials made available in a school or classroom library in any printed or electronic format, inclusive of fiction and non-fiction.

2 Effective Date. This act shall take effect January 1, 2025.