By Kaitlyn Dunphy and Francine Pfeffer
“The Freedom to Read Act recognizes the professionalism, honor, work ethics and performance of school library media specialists. It promotes libraries as trusted sources of information and recognizes the many roles that libraries play in students’ lives. The bill will protect the intellectual freedom of students as well as acknowledge that school libraries are centers for voluntary inquiry, fostering students’ growth and development.”
– Karen Grant, President, New Jersey Association of School Librarians
Students, their libraries and their profession with the passage of the Freedom to Read Act. This law, which protects both New Jersey students’ rights to access and explore library materials and the library staff who serve them, was signed into law by Gov. Phil Murphy on Dec. 9, 2024, and takes effect one year from that date.
School library media specialists (SLMS) were facing terrible attacks from some members of the public who objected to the inclusion of certain materials in school libraries who were demanding that those materials be removed. The Freedom to Read Act addresses this problem. It prevents school districts from removing books and other library materials simply because of an objection to the ideas in the material or the background of its creator. It prevents school boards from unconstitutionally censoring library materials or impeding students from accessing library materials, including those that are diverse and inclusive.
The law also recognizes and celebrates the critical role of school library staff members in their school communities and their libraries. It recognizes that school library media specialists are experts in their field who receive professional training in curating a library collection. It protects librarians and library staff from legal attacks for doing their jobs, recognizing they have been targeted and harassed for providing students with access to library materials.
The act requires school boards to adopt a policy on curation of library materials that promotes free access to ideas by students in the school library, makes a commitment to steer clear of censorship and defers to the expertise of the SLMS in ongoing efforts to curate and update the library’s collection.
Policy and procedures required by the act
Additionally, school boards are required to adopt a policy that follows specific procedures when faced with a request to remove material from their libraries. Removal requests can only be filed by an individual with a vested interest: a teaching staff member in the district, a parent/guardian of a student in the district or a student in the district. A review committee, including library and teaching staff, administration and community members, must review the request and make a recommendation to the board.
While a removal request is pending, the material must remain in circulation and accessible to students. When making its determination, the board must issue a written statement of reasons explaining its rationale, including the reasons for disagreement with the review committee’s recommendation (if applicable) and post that statement to its website within 30 days.
As with the initial challenge, any opposition to the board’s determination may only be brought by an individual with a vested interest and must be filed with the state’s commissioner of education. Additionally, traditional First Amendment claims, and other legal avenues of redress are not precluded by the new law.
To assist school boards with these policies, the commissioner of education will issue model policies in collaboration with stakeholders, including the New Jersey Association of School Librarians.
Kaitlyn Dunphy is an associate director of NJEA Legal Services and Member Rights in the NJEA Executive Office. She can be reached at kdunphy@njea.org.
Francine Pfeffer is an associate director in the Politics and Policy Office of the NJEA Government Relations Division. She can be reached at fpfeffer@njea.org.