Requires each board of education to adopt a written policy for reconsideration of school library materials and make such policy available on its website; requires such policies to include provisions for the creation of a reconsideration committee to review complaints regarding school library materials; requires the commissioner of education to develop one or more model policies for school districts.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9537B
SPONSOR: Simone 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:
The bill requires every school board to adopt a written policy for
handling complaints about library materials and post it publicly. The
policy must establish procedures for submitting complaints, a timeline
for review, a reconsideration committee, procedures governing the review
process, procedures for implementing removal or restriction decisions,
and notice of the right to appeal. The reconsideration committee must
include a librarian, a teacher, an administrator, a parent, and a
currently enrolled student. Materials under review remain available to
students through the conclusion of any appeal. No material may be
removed or restricted solely because. of disagreement with its ideas,
viewpoints, or identities, or because of the identities of its author,
subject, or characters.
Librarians and staff cannot face discipline for selecting or retaining
materials in good-faith reliance on district policy. The commissioner
must develop regulations and advisory model policies, neither of which
may prescribe outcomes in individual cases or narrow the bill's
protections. School library systems must support districts in implement-
ing the law and may provide training and professional development to
school personnel.
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:
December 1 after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
9537--B
IN ASSEMBLY
January 14, 2026
___________
Introduced by M. of A. SIMONE, PAULIN, SCHIAVONI, STECK, SHIMSKY,
R. CARROLL, GONZALEZ-ROJAS, DINOWITZ, LEE, WRIGHT, SIMON, SEAWRIGHT,
RAGA, KASSAY, BRONSON, BORES, LEVENBERG, LUNSFORD, REYES, OTIS -- read
once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to enacting the "freedom
to read act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "freedom to read act".
3 § 2. The education law is amended by adding a new section 414-a to
4 read as follows:
5 § 414-a. School library materials. 1. (a) Each board of education
6 shall adopt a written policy for the reconsideration of school library
7 materials and shall make such policy available on the school district's
8 website. Such policy shall include at a minimum, but shall not be
9 limited to:
10 (i) procedures for how complaints regarding library materials may be
11 submitted;
12 (ii) a timeline for the review of a challenged library material;
13 (iii) provisions for the creation of a reconsideration committee to
14 review complaints regarding school library materials;
15 (iv) procedures outlining the review process for a challenged library
16 material, consistent with the requirements of this section;
17 (v) procedures for removing or restricting library materials following
18 a final decision by the board of education that such library materials
19 should be removed or restricted to certain grade levels, including but
20 not limited to a timeline for implementing the removal or restriction
21 recommendation of a reconsideration committee; and
22 (vi) procedures for providing notice to an aggrieved party of the
23 right to appeal to the board of education following a recommendation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14305-14-6
A. 9537--B 2
1 made by a reconsideration committee, and of the right to appeal to the
2 commissioner pursuant to section three hundred ten of this chapter
3 following a decision of the board of education.
4 (b) (i) Each reconsideration committee established pursuant to para-
5 graph (a) of this subdivision shall be composed of at least one of each
6 of the following members, and each such member shall be affiliated with
7 the relevant school district: (1) a certified librarian or library
8 media specialist; (2) a teacher; (3) a school administrator; (4) a
9 parent or guardian of a current student in such district; and (5) where
10 possible, a student currently enrolled in such district, unless such
11 district does not operate a high school.
12 (ii) Each reconsideration committee shall issue a written recommenda-
13 tion in accordance with the policy adopted pursuant to paragraph (a) of
14 this subdivision.
15 (iii) A reconsideration committee may be a standing committee at the
16 discretion of the school district.
17 (c) All recommendations of a reconsideration committee shall follow
18 the school district's written policies adopted pursuant to paragraph (a)
19 of this subdivision.
20 2. (a) No library material shall be removed or restricted based solely
21 on disagreement with the ideas, viewpoints, or identities represented in
22 such library material or because of the identities of such library mate-
23 rial's author, subject, or characters.
24 (b) Any library material subject to review by a reconsideration
25 committee shall remain available to reserve, check out, or access pend-
26 ing a recommendation by such reconsideration committee and any appeal of
27 the same.
28 3. No library media specialist or other school employee shall face
29 disciplinary action for selecting, retaining, or recommending library
30 materials in reasonable reliance on the school district's adopted poli-
31 cies. Such requirement shall not limit the superintendent's or board of
32 education's general supervisory authority over employees, provided such
33 supervision is not based on disagreement with the viewpoints in materi-
34 als.
35 4. The commissioner, in consultation with the state librarian and
36 other stakeholders, shall promulgate any regulations necessary for the
37 implementation of this section and shall develop one or more model poli-
38 cies for use by school districts and school library systems. Such regu-
39 lations shall be limited to carrying out the provisions of this section
40 and shall not prescribe or require specific outcomes in individual
41 reconsideration decisions made by boards of education. Such regulations
42 and model policies shall be consistent with and shall not diminish or
43 narrow the protections established by this section. Model policies
44 developed pursuant to this subdivision shall be advisory in nature and
45 may be adopted, in whole or in part, or adapted by school districts
46 consistent with this section.
47 5. (a) School library systems, as established pursuant to section two
48 hundred eighty-two of this chapter, shall support school districts in
49 implementing this section, including assistance in adopting policies or
50 tailoring model policies consistent with this section and providing
51 continuing education and professional development to school librarians,
52 administrators, and district leaders regarding statutory obligations
53 governing school library materials.
54 (b) School library systems may provide guidance, training, or profes-
55 sional development to assist school districts and school personnel in
A. 9537--B 3
1 implementing this section, consistent with existing programs, resources,
2 and offerings.
3 § 3. This act shall take effect on the first of December next succeed-
4 ing the date on which it shall have become a law. Effective immediately,
5 the addition, amendment and/or repeal of any rule or regulation neces-
6 sary for the implementation of this act on its effective date are
7 authorized to be made and completed on or before such effective date.
