Existing law requires the board of trustees of a school district to purchase all new library books and supplies to be used by pupils of the school district. (NRS 393.170) Existing law also provides for the creation of publicly supported libraries and information centers to meet the informational needs of all citizens. (NRS 379.002) Sections 1 and 2 of this bill require the Department of Education and the State Library, Archives and Public Records Administrator to develop a model policy on the access of persons to library materials of a school library or public library, respectively, that: (1) includes model policies for the selection of materials for libraries; (2) prohibits the censorship of library materials; (3) ensures certain persons are permitted to reserve, check out and access library materials; (4) establishes criteria for the removal of library materials from a library; and (5) includes a model form for certain interested persons to request the removal of specific library materials. Sections 1 and 2 require the board of trustees of each school district, the governing body of each charter school and the governing body of a public library to: (1) adopt the model policy; or (2) develop and adopt a policy that is not less protective of the rights of certain persons to access library materials than the model policy and that includes a process to request and review requests for the removal of library materials that is substantially similar to the model policy. Sections 1 and 2 additionally: (1) require the model policy to include the process by which a form to request removal is reviewed by a committee appointed by the superintendent of schools, the governing body of a charter school or the governing body of a public library, as applicable; (2) sets forth the members of the committee; and (3) requires the board of trustees of a school district, the governing body of a charter school or the governing body of a public library, as applicable, to review recommendations made by the committee and determine whether to remove or limit access to the library materials. Furthermore, sections 1 and 2 set forth: (1) the content and characteristics of the subject, author or perceived or intended audience of the library materials that cannot be used to justify removal of or limiting access to library materials; and (2) prohibitions on certain subsequent requests for the removal of library materials. Section 1 requires the Department to adopt regulations that set forth the process for a person to appeal, to the Superintendent of Public Instruction, a determination made by the board of trustees of a school district or the governing body of a charter school concerning the removal of library materials.
Sections 1 and 2 provide that the staff members of a school library or public library are immune from criminal or civil liability for certain good faith acts related to their duties.