Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
"Protecting Students from Obscene Material in School Libraries Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning public school libraries and supplementing Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Protecting Students from Obscene Material in School Libraries Act."
2. The Legislature finds and declares that:
a. It is well established that boards of education possess significant discretion to determine the content of their school libraries.
b. School libraries, as centers for voluntary inquiry, provide students with the vital opportunity to engage in self-education and individual enrichment by providing students with access to a wide range of library material.
c. Obscene material, however, has no place in a school library. In fact, it is a criminal offense in the State for a person to knowingly distribute or exhibit obscene material to a child.
d. Boards of education are obligated to provide a safe learning environment for students. This obligation, coupled with their significant discretion to determine the content of their school libraries, requires boards to safeguard students from exposure to obscene material and take appropriate action against school employees who provide obscene material to students in a school library.
e. Therefore, it is necessary and proper for the Legislature to protect students from exposure to obscene material within school walls and to penalize any school employee who violates New Jerseys longstanding obscenity laws.
3. As used in this act, obscene material means the same as that term is defined in paragraph (1) of subsection a. of N.J.S.2C:34-3.
4. a. A board of education shall adopt a policy regarding obscene material in school libraries. The purpose of the policy shall be to protect students from exposure to obscene material and establish criteria to investigate and discipline school employees who violate N.J.S.2C:34-3.
b. The policy shall:
(1) establish criteria for material that is appropriate for a school library;
(2) prohibit the inclusion of obscene material in a school library;
(3) mandate that all school employees, including school library media specialists, comply with N.J.S.2C:34-3;
(4) create a procedure for a board to investigate a claim of a school employees alleged violation of N.J.S.2C:34-3; and
(5) establish a scale of disciplinary actions against a school employee consistent with the guidance and resources established by the Commissioner of Education pursuant to section 5 of this act.
5. a. The Commissioner of Education, in consultation with the State Librarian, shall develop and distribute to school districts guidance and resources regarding:
(1) examples of obscene material that are not to be included in a school library;
(2) information concerning when a board of education should refer an allegation of a violation of N.J.S.2C:34-3 to law enforcement;
(3) recommended range of disciplinary actions against a school employee for an alleged violation of N.J.S.2C:34-3, including employee dismissal for a conviction; and
(4) any other information the commissioner deems necessary.
b. The guidance and resources shall be posted on the Department of Education's Internet website and on every school district's Internet website at an easily accessible location.
6. The Commissioner of Education shall enforce the provisions of this act. If the commissioner determines that a school district is noncompliant with the provisions of this act, the commissioner may impose appropriate sanctions. The sanctions may include the withholding of funds payable by the State to a school district pursuant to N.J.S.18A:55-2.
7. This act shall take effect on the first day of the fourth month next following enactment, except that the Commissioner of Education may take anticipatory administrative action in advance necessary to effectuate the provisions of this bill.
STATEMENT
This bill, entitled the "Protecting Students from Obscene Material in School Libraries Act," requires boards of education to safeguard students from obscene material in school libraries and against school employees who provide obscene materials to students in school libraries.
This bill requires boards of education to adopt a policy regarding obscene material in school libraries. Under the bill the policy is to:
(1) establish criteria for material that is appropriate for a school library;
(2) prohibit the inclusion of obscene material in a school library;
(3) mandate that all school employees, including school library media specialists, comply with the States criminal codes Obscenity For Persons Under 18;
(4) create a procedure for a board to investigate a claim of a school employees alleged violation of Obscenity For Persons Under 18, which in part prohibits a person from knowingly distributing or exhibiting obscene material to persons under 18 years of age; and
(5) establish a scale of disciplinary actions against a school employee based on guidance and resources established by the Commissioner of Education.
The commissioner, in consultation with the State Librarian, is to develop and distribute to school districts guidance and resources regarding:
(1) examples of obscene material that are not to be included in a school library;
(2) information concerning when a board of education should refer an allegation of a violation of Obscenity For Persons Under 18 to law enforcement;
(3) recommended disciplinary actions against a school employee, which include termination of employment for a criminal conviction under Obscenity For Persons Under 18; and
(4) any other information the commissioner deems necessary.
The bill authorizes the commissioner to enforce the provisions of the bill. If the commissioner determines that a school district is noncompliant, the commissioner may impose appropriate sanctions, which can include the withholding of funds payable by the State to a school district.