South Carolina H 4059: Russell Ray Browning, Jr.

Bill Text

2025-2026 Bill 4059 Text of Previous Version (Feb. 19, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4059

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"FREEDOM TO READ PROTECTIONS AND RESPECT FOR SCHOOL LIBRARy media specialist 
AUTONOMY ACT"; BY ADDING SECTION 59-31-55 SO AS TO DEFINE NECESSARY TERMS, TO 
AFFIRM CERTAIN RIGHTS CONCERNING STUDENT ACCESS TO DIVERSE AND DEVELOPMENTALLY APPROPRIATE 
READING MATERIAL, TO PROVIDE THE RIGHT FOR SCHOOL LIBRARY MEDIA SPECIALISTS TO 
AUTONOMOUSLY MAKE CERTAIN DECISIONS ABOUT CURATING AND MAINTAINING MATERIALS IN 
THEIR SCHOOL LIBRARY/MEDIA CENTER COLLECTIONS, TO PROVIDE REQUIREMENTS FOR 
FORMAL CHALLENGES TO SUCH MATERIALS, AND TO PROVIDE RELATED RIGHTS OF PUBLIC 
SCHOOL LIBRARY MEDIA SPECIALISTS AND OTHER PUBLIC SCHOOL PROFESSIONALS WHEN 
PERFORMING RELATED PROFESSIONAL DUTIES IN GOOD FAITH.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Freedom to Read Protections and Respect 
for School Library Media Specialist Autonomy Act."

SECTION 2. Article 1, Chapter 31, Title 59 of the S.C. Code is 
amended by adding:

 Section 
59-31-55. (A) As used in this section:

 (1) 
"Instructional materials" means any materials used to support student learning 
including books, digital resources, and other educational content.

 (2) 
"School library media specialist" means a certified professional responsible 
for managing a school library/media center program and ensuring access 
to diverse and appropriate materials.

 (B) 
The General Assembly affirms that:

 (1) 
the freedom to read is a constitutionally protected right under the First 
Amendment of the United States Constitution;

 (2) 
public school students have the right to access a wide range of diverse, 
developmentally appropriate materials that reflect varying perspectives, 
cultural experiences, and subject matters; and

 (3) 
no individual or group has the right to infringe upon the right of a student to 
access such materials unless determined through established legal and 
administrative processes.

 (C)(1) School library media specialists, 
as certified and trained professionals, are entitled to professional autonomy 
to curate and maintain library and media center collections within the 
professional guidelines and standards established by law and regulation.

 (2) 
School library media specialists shall make decisions regarding material 
contained in their collection of their library/media center based on 
their expertise, considering:

 (a) 
pedagogical value;

 (b) 
student interest;

 (c) 
developmental relevance; and

 (d) 
alignment with state and district curriculum standards.

 (D)(1) A formal challenge to instructional 
or library and media center materials shall follow a clear and transparent 
process.

 (2) 
Before the beginning of the 2026-2027 School Year, each school district shall 
establish a Material Review Committee to formally address instructional library/media 
center materials initiated pursuant to item (1). At a minimum, the committee 
shall include:

 (a) 
a certified school library media specialist;

 (b) 
a student, where appropriate and at the discretion of the district; and

 (c) 
additional committee members may be appointed at the discretion of the 
district, to be representative of the various schools in the district.

 (3) 
A final decision of the Material Review Committee must:

 (a) 
be made in writing;

 (b) 
include a statement of relevant facts and clear reasoning for the decision; and

 (c) 
be posted publicly on the school district's website within ten business days 
after the decision is made.

 (4) 
Material formally challenged before a Material Review Committee may remain 
accessible until the committee issues its final decision.

 (E) A 
certified school library media specialist, school library staff member, or 
educator acting in good faith while performing their professional duties:

 (1) 
must be protected from intimidation, harassment, or undue interference; and

 (2) 
must not be subject to threats, retaliation, or disciplinary action for:

 (a) 
curating or providing access to instructional materials deemed appropriate 
within the scope of their professional duties; or

 (b) 
refusing to remove materials that have been formally challenged pursuant to 
subsection (D) and for which a final decision by the Material Review Committee 
has not been made.

SECTION 3. If any section, subsection, 
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for 
any reason held to be unconstitutional or invalid, such holding shall not 
affect the constitutionality or validity of the remaining portions of this act, 
the General Assembly hereby declaring that it would have