TO REQUIRE CERTAIN MATERIALS TO BE STORED IN LOCKED COMPARTMENTS WITHIN A DESIGNATED AREA.

2025 Regular Session Introduced by Richard McGrew and 1 co-sponsor

Act 917 mandates locked storage for non-age-appropriate sexual content in K-5 school libraries, requiring parental approval for access and imposing penalties for non-compliance.

Notification that HB1646 is now Act 917

Purpose and Intent

House Bill 1646, now known as Act 917, was introduced to establish regulations regarding the storage of certain materials in library media centers within public elementary schools in Arkansas. The primary intent of the bill is to ensure that non-age-appropriate sexual content is securely stored and not accessible to students in kindergarten through grade five (K-5).

Key Provisions

The bill amends Arkansas Code Title 6, Chapter 25, Subchapter 1, and includes the following key provisions:

Storage Requirements:

Library media centers in public elementary schools must store materials deemed non-age-appropriate sexual content in locked compartments within a designated area.
Such materials cannot be viewed or checked out by K-5 students unless prior written approval is obtained from a parent, legal guardian, or person standing in loco parentis.

Compliance and Penalties:

First Violation: If an individual is found to have knowingly failed to comply with the storage requirements, the principal and superintendent must document the incident. The individual may face a suspension of up to five days without pay.
Second Violation: The case will be referred to the Professional Licensure Standards Board, which may suspend the individual's teaching license.
Third Violation: The board is mandated to revoke the individual's teaching license.

Definition of Non-Age-Appropriate Content:

The bill defines non-age-appropriate sexual content as materials that include explicit instruction, promotion, or advocacy of sexual ideologies, behaviors, or orientations that are not suitable for K-5 students.

Affected Parties

Students: K-5 students in public elementary schools will be directly affected, as their access to certain materials will be restricted.

Educators: Teachers and library staff will need to comply with the new storage requirements and may face penalties for non-compliance.

Parents and Guardians: They will have the authority to grant or deny access to specific materials for their children.

Procedural Timeline

Introduced: March 3, 2025

Passed: The bill underwent several readings and amendments before passing the House and Senate on April 15, 2025.

Enrolled: The bill was correctly enrolled and transmitted to the Governor's Office on April 16, 2025.

Act Enacted: Notification that HB 1646 is now Act 917 was made on April 21, 2025.

Fiscal Impact

The Arkansas Department of Education has indicated that there is no fiscal impact to the agency as a result of this legislation.

In summary, Act 917 establishes clear guidelines for the storage of sensitive materials in elementary school libraries, aiming to protect young students from exposure to non-age-appropriate content while outlining compliance measures for educators.

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