The Freedom To Read Act (N.J.S.A. 18A:34A-1 et seq.) was signed into law on December 9, 2024 and affirms the right of students, educators, and communities to access diverse and age-appropriate learning materials in school libraries.
Key Requirements for School Districts:
- Policy Development: Each school district must develop or revise policies governing:
- The selection and curation of library materials.
- A transparent review process for addressing concerns about materials including requests for removal of library material within a school library.
- Removal Process: A district shall create a request for removal form. The form shall require the individual with a vested interest to specify which sections of the library material the individual objects to and an explanation for the objection. Only teaching staff members, parents or guardians of a student enrolled in the school district, and students enrolled in the district may challenge a district’s library materials.
- Non-Discrimination Clause: Policies must prohibit the exclusion of library materials based on:
- The origin, background, or views of the material or its author.
- Disagreement with a viewpoint, unless the material is developmentally inappropriate for a specific age group.
- Staff Protections: Library staff are protected from civil or criminal liability when acting in accordance with the law.
- Collaboration Encouraged: School districts are encouraged to work with school librarians, educators, and community stakeholders to ensure policies reflect local needs and uphold intellectual freedom.
NJDOE Model Policies can be found at https://www.nj.gov/education/standards/ftra.shtml.
If you have questions, please contact our School Law Team.
The content of this post should not be construed as legal advice. You should consult a lawyer concerning your particular situation and any specific legal question you may have.