BILL NUMBER: S8630
SPONSOR: MAY
TITLE OF BILL:
An act to amend the education law, in relation to enacting the "freedom
to read act"
PURPOSE:
To affirm New York's commitment to intellectual freedom in public educa-
tion by protecting students' access to ideas, supporting the profes-
sional judgment of school librarians, and ensuring that challenges to
school library materials are handled through clear, fair, and transpar-
ent processes rather than political pressure or censorship.
SUMMARY OF PROVISIONS:
This bill adds a new section to the Education Law governing school
library materials. It requires boards of education to adopt and publicly
post written policies for the development of school library collections
and for the reconsideration of library materials. It establishes basic
procedural requirements for handling challenges to library materials,
including review committees, timelines, appeal pathways, and transparen-
cy.
The bill prohibits the removal or restriction of library materials based
solely on disagreement with ideas, viewpoints, or identities, and
ensures that materials remain available while under review. It protects
school library staff from discipline when acting in reasonable reliance
on district policy, while preserving the supervisory authority of boards
of education and superintendents. The bill directs the Commissioner of
Education to promulgate implementing regulations and develop model poli-
cies, and authorizes school library systems to provide additional guid-
ance.
JUSTIFICATION:
In recent years, school libraries have increasingly become targets of
organized efforts to restrict access to materials based on viewpoint,
identity, or political disagreement. These efforts are often framed as
concern or protection, but in practice they can function to remove
certain ideas or experiences from shared public spaces. Censorship rare-
ly announces itself openly. More often, it works through pressure and
uncertainty, exploiting unclear rules and fear of controversy.
The Freedom to Read Act responds to this moment directly. It affirms
that decisions about school library materials should be guided by
professional standards and publicly adopted policies, not by political
pressure. It ensures that challenges to library materials are handled
through fair, transparent procedures that respect community input while
safeguarding access to ideas. It makes clear that materials cannot be
removed simply because someone disagrees with the ideas they express or
the identities they reflect.
Clear procedures matter because they make decisions predictable and
fair. They give families a defined way to raise concerns and ensure
those concerns are addressed consistently. They give educators guidance
they can rely on. And they reduce the risk that access to materials
turns on pressure, fear of controversy, or uneven treatment across
districts.
At the same time, this bill respects local governance. Boards of educa-
tion retain the authority to adopt policies and make final decisions.
Superintendents retain supervisory authority over staff. The bill does
not mandate specific titles, viewpoints, or collections. It does not
impose uniformity. Instead, it establishes a clear framework so disa-
greements are resolved through process rather than pressure.
The free flow of ideas is essential to a democratic society. Even in a
digital age, many of the ideas that shape how we understand the world
still reach us the same way they always have: as words on a page.
School libraries are one of the first places where young people encount-
er ideas outside an assignment, a classroom discussion, or an adult's
explanation. They are places where curiosity leads, where students
discover voices, histories, and perspectives they did not already know
to seek out.
That role matters. A democracy depends on citizens who can encounter
unfamiliar ideas, question them, and think critically about what they
mean. That process is not always comfortable. But discomfort is some-
times necessary for developing the mind. Exposure to ideas is not indoc-
trination. Inquiry is not a threat. Students do not become thoughtful
participants in civic life by being shielded from complexity, but by
learning how to engage it.
New York has long recognized this. Our state has a deep tradition of
opposing censorship and insisting that ideas be met with discussion
rather than suppression. That tradition lives in our public libraries,
our schools, and our respect for academic freedom. School librarians are
trained professionals whose work is not simply custodial, but inten-
tional. They build collections that support literacy, learning, and
intellectual growth, guided by professional standards and an understand-
ing of their school communities. Their role is central to education and
deserves clarity, respect, and protection.
New York's students deserve access to knowledge, not narrowed shelves.
Librarians deserve the ability to do their work without fear. Schools
deserve guidance that reduces conflict rather than inflaming it. This
bill advances all three.
LEGISLATIVE HISTORY:
This bill follows prior legislation addressing similar subject matter
and incorporates feedback raised during that process.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
July 1 after it becomes law.