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H 5489

Amendment H.5489

194th Legislature (2025-2026)

The bill requires districts to align school library material policies to ALA standards, establish formal review processes for challenges, keep challenged items on shelves during re

Text of an amendment, see S2726
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Bill Summary · H 5489

Summary of Bill H.5489 (Session 194th, Massachusetts)

This summary outlines the main purpose, key provisions, who is affected, and procedural/timeline aspects of the bill as amended and reported by the Ways and Means Committee.

Purpose and intent

  • The bill expands and clarifies student rights and school library materials policies in Massachusetts. It integrates free expression with school library material selection and handling, while establishing formal, standards-based procedures for reviewing and responding to challenges.
  • It aligns school material decisions with professional library standards (primarily the American Library Association) and creates ongoing reporting and accountability mechanisms around library materials and book challenges.

Key provisions and changes

Section 1 (amendment to Section 82 of Chapter 71)

  • Retains students’ rights to express views, write/publish, and assemble on school property.
  • Adds that students shall also have the right to receive information, including school library materials determined to be educational and age-appropriate.
  • Clarifies that determinations of information received by students must be made by school library teachers.

New sections: 82A–82E (inserted into Chapter 71)

  • Section 82A — Definitions and standards

    • Defines “School library materials” and “School library teacher.”
    • Requires school library determinations to be age-appropriate and serve an educational purpose.
    • School library teachers must use professional training and not base determinations on personal/political/doctrinal views.

  • Section 82B — Policy requirements

    • Each district must establish a written policy for selection and use of library materials and facilities, aligned with American Library Association standards.
    • Policies must be filed annually with the Department by July 1.
    • The Massachusetts Library System and the Department will provide sample policies.
    • Policies must include a complaint process and require materials under challenge to stay on shelves pending a school committee vote (when materials were properly selected by a school library teacher and aligned with 82A).

  • Section 82C — Review and removal process

    • School library material selections by teachers cannot be overruled outright; challenges trigger a formal review.
    • A review committee of school personnel holds a public hearing and makes a recommendation on whether materials comply with 82A.
    • School committees vote post-review; removal requires clear and convincing evidence that material has no educational, literary, artistic, personal, or social value, or is not age-appropriate.
    • Appeals allowed for students, parents, or guardians under existing Chapter 249 provisions.

  • Section 82D — Outdated materials

    • School library teachers may remove outdated materials or accommodate new ones, provided removals comply with 82A’s criteria.

  • Section 82E — Protections for librarians and staff

    • No librarian or school library employee loses licensure/certification or faces discipline solely for selecting library materials if done in accordance with 82A and the policy.

Section 3–9 (Gender-neutral and labor language adjustments)

  • Removes gendered language and modernizes terms (e.g., “chair” instead of “chairman,” “their” instead of “his,” etc.) across related sections.

Section 10–16 (Public libraries and model policies)

  • Reforms to public library governance and policy development:

    • Replaces references to “auditor” with updated terminology.
    • Requires the Board of Library Commissioners to provide model policies aligned with American Library Association standards for both public and school libraries.
    • Mandates that no librarian or library employee be penalized for the selection of library materials when done per policy and 82A guidelines.

  • Adds a new Section 35 (annual reporting)

    • The Board of Library Commissioners must annually report on book challenges and their impact, detailing location, title/author, and outcome, to key legislative and clerical bodies.
    • May include recommendations to expand access to library materials and programming.

  • Section 33 amendments to Chapter 78 (public libraries)

    • Incorporates references to the Library Bill of Rights and ALA standards into governance and policy implementation.

Who would be affected

  • School districts and school committees: Must adopt and file detailed policies on library material selection/use; establish complaint processes; follow review procedures for challenged materials; and ensure materials under challenge remain on shelves during process (when appropriate).
  • School library teachers and school library staff: Their determinations must be guided by professional standards; protected from adverse employment actions when acting per policy and law.
  • Public libraries and boards of library commissioners: Required to adopt, post, and follow policies aligned with ALA standards; provide model policies; participate in the book-challenge reporting framework.
  • Students and parents/guardians: Gain defined rights to access information and participate in the complaint/review process regarding library materials.
  • Department of Education and related agencies: Receive annual policy filings and reporting on book challenges; oversight of policy compliance.

Procedural and timeline aspects

  • Policies for school districts: Must be filed annually with the Department by July 1.
  • Annual reporting: Public and school libraries must report on book challenges by September 1 each year, including details of outcomes and locations.
  • Public hearings and reviews: Triggered by material challenges; review committees hold public hearings and the school committee makes a removal decision based on clear and convincing evidence.
  • Policy guidance: The Board of Library Commissioners and Massachusetts Library System will provide model policies and resources to districts and libraries.

Notable policy standards and protections

  • Policies must adhere to American Library Association standards, including the Library Bill of Rights.
  • Materials cannot be removed solely for personal, political, or doctrinal reasons.
  • Library staff protections ensure licensure/certification and employment actions are not jeopardized when materials are selected in compliance with the statute and policy.

This bill, as amended, seeks to balance student free expression with a structured, standards-based approach to selecting and reviewing school and public library materials, while increasing transparency and accountability through formal policies and annual reporting.

Compiled from official sources — confirm details with the bill’s official record.

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