New York A 5464: Establishes requirements for library material in public school libraries and public libraries

Bill Text

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A05464 Summary:

BILL NOA05464 

&nbsp

SAME ASNo Same As

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SPONSORSolages

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COSPNSR

&nbsp

MLTSPNSR

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Add §§249-b & 249-c, Ed L; amd §296, Exec L

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Establishes requirements for library material in public school libraries and public libraries; requires the development of policies for removal of materials; establishes protections for school library media specialists and librarians against harassment and discrimination in employment related to the refusal to remove library materials.

Go to top A05464 Actions:

BILL NOA05464 

&nbsp

02/14/2025referred to education

01/07/2026referred to education

Go to topA05464 Committee&nbspVotes:

Go to topA05464 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05464 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5464

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

 Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
 tee on Education

 AN ACT to amend the education law, in relation to requirements for
 library material in public school libraries and public libraries; and
 to amend the executive law, in relation to prohibiting discrimination
 against librarians for certain acts

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "freedom to
 2 read act".
 3 § 2. Legislative intent. The legislature finds and declares that:
 4 (a) The freedom to read is a human right, constitutionally protected
 5 by the First Amendment of the United States Constitution, and individ-
 6 uals have the right to free inquiry and the right to form their own
 7 opinions.
 8 (b) The freedom to read does not require a person to agree with topics
 9 or themes within a material, but instead allows a reader to explore and
 10 engage with differing perspectives to form and inform their own views.
 11 (c) Since Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503
 12 (1969), it has been well established that students do not "shed their
 13 constitutional rights to freedom of speech or expression at the school-
 14 house gate" and, as such, students have a right to access a diverse
 15 range of age-relevant information, stories, perspectives, and ideas.
 16 (d) In Board of Education v. Pico, 457 U.S. 853 (1982), the United
 17 States Supreme Court recognized that school libraries are "completely
 18 voluntary on the part of students" a student's selection of books from a
 19 school library "is entirely a matter of free choice" and the school
 20 library affords a student "an opportunity at self-education and individ-
 21 ual enrichment that is wholly optional."
 22 (e) School libraries and public libraries, as centers for voluntary
 23 inquiry, play a unique role in promoting intellectual freedom, providing

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08435-01-5

 A. 5464 2

 1 equitable access to learning resources, and promoting democracy by
 2 providing service to all regardless of race, ethnicity, creed, age,
 3 ability, gender, or socio-economic status.
 4 (f) School library media specialists and librarians are essential
 5 members of the community; as trained professionals, they help young
 6 people of all backgrounds find and interpret the information they need
 7 to succeed in school and prepare for college, careers, and life.
 8 (g) School library media specialists and librarians receive extensive
 9 professional training that prepares them to develop and curate
 10 collections designed to meet the broad and varied interests and needs of
 11 their communities and students, which is based on a variety of factors,
 12 including pedagogical value, student interest, and the age-appropriate-
 13 ness of the material.
 14 (h) Despite this, school library media specialists and librarians have
 15 been targeted, harassed, and defamed for providing young people access
 16 to library material.
 17 (i) Therefore, it is necessary and proper for the legislature to
 18 protect the freedom of New York's residents to read, for school
 19 libraries and public libraries to acquire and maintain materials wi