On Monday, Dec. 9, Gov. Phil Murphy signed A-3446/S-2421, also known as the “Freedom to Read Act,” into law. The law will go into effect one year from the date of signing.

The new law establishes various requirements for material in public school libraries and public libraries. It also aims to protect school library staff from harassment. All boards of education will need to adopt policies on the curation of school library material and requests for the removal of any such material from the school library. These policies will be subject to various minimum requirements, but the board of education will maintain control over such policies.

The New Jersey School Boards Association supports the overall spirit and intent of the law and worked closely with the sponsors and other stakeholders to develop the most recent version of this legislation.

“The New Jersey School Boards Association believes this legislation achieves a thoughtful and practical balance,” said Dr. Timothy Purnell, executive director and CEO of the NJSBA.

“It preserves local control and the authority of boards of education, ensures students have access to developmentally appropriate library materials, respects the vital role of school library staff and recognizes that parents and the school community may have concerns about certain materials. We appreciate the collaborative approach the sponsors took in crafting this legislation and their effort to strengthen the authority of local boards of education.”

During committee deliberations in the Legislature, the NJSBA cited its official policy concerning academic freedom and student access to instructional and library materials. In particular, the Association referred to the following policy language adopted at the December 2023 Delegate Assembly:

The NJSBA believes that boards of education have the responsibility to ensure all instructional materials are age-appropriate, complement the district curriculum and/or student support programs, facilitate critical thinking, further learning, and are congruent with local community preferences. In light of this belief, a board of education book selection process should only restrict access to or exclude a book or other learning materials from its curriculum, library, or other support resources following a process that evaluates the book or materials in a manner that is consistent with the constitutional and statutory protections afforded individuals by the state.

Read the NJSBA’s full position statement on the bill and Monday’s press release from the Office of the Governor.

Additional Details

Under the law, the commissioner of education will develop model policies to assist boards of education in complying with its requirements. The NJSBA is named in the law as one of the organizations that the commissioner is required to consult with in developing both model policies. The state librarian and the New Jersey Association of School Librarians will also be consulted.

According to the law, the purpose of the curation policy is to: provide standards for the curation of library material; establish criteria for the removal of existing school library material or material selected for inclusion in the library; and provide protection against attempts to censor library material. The policies shall:

  1. Recognize that library material should be provided for the interest, information and enlightenment of all students and should present diverse points of view.
  2. Acknowledge that library material shall not be removed from a library because of the origin, background, or views of the material or those contributing to its creation.
  3. Recognize the importance of school libraries as centers for voluntary inquiry and the dissemination of information and ideas.
  4. Promote the free expression and free access to ideas by students by prohibiting the censorship of library material. (Note: “Censorship,” as defined in the law, does not include the limiting or restricting of access to any library material deemed developmentally inappropriate for certain students.)
  5. Acknowledge that a school library media specialist is professionally trained to curate and develop the school library collection that provides students with access to the widest array of developmentally appropriate library material.
  6. Establish a procedure for a school library media specialist to review library material within a school library on an ongoing basis.

Boards of education will have discretion over the selection, purchase or acquisition of school library material. Nothing in the law requires a board to acquire any library material, nor does it restrict the board’s authority to select textbooks and supplies related to the curriculum.

The law delineates the following components that must be included in the removal policy:

  1. Provide for the creation of a request for removal form, based on a model removal form developed by the New Jersey Department of Education.
  2. Require the principal to forward any request to the superintendent, who will appoint a review committee consisting of the following: The superintendent (or designee), the principal of the school (or designee), the school library media specialist or a school library staff member, a representative selected by the board of education, at least one grade-appropriate teacher familiar with the material and a parent or guardian of a student enrolled in the district. At the discretion of the superintendent, in cases where a student enrolled in the district in grades nine through 12 filed the removal form, a student may volunteer to serve. The superintendent may also include any additional members deemed necessary.
  3. Require that the challenged material remain within the library until there is a final decision reached by the board of education on whether to remove it.
  4. Require the review committee to evaluate the request for removal form, review the challenged material and report its recommendations on whether to remove the library material to the board of education no later than 60 school days from the date of the next regularly scheduled board meeting.
  5. Require the board of education to review the report and make a final determination on whether the material is to be removed from the library or limited in use. The board shall provide a written statement of reasons for the removal, limitation, or nonremoval of a material, as well as any final determination that is contrary to the committee’s recommendations. This statement will be posted on the board’s website.

Any library material challenged under policy may not be subject to a subsequent challenge for at least one year. Districts will also be permitted to consolidate requests for removal of the same material. Removal requests may be submitted by any of the following individuals deemed to have a “vested interest” in the school: a teacher, a parent/guardian of a student, or an enrolled student. The form shall require the requestor to specify which sections of the material the individual objects to and an explanation of the reasons for the objection.

Finally, the law prohibits a board of education from engaging in censorship or from removing material because of the origin, background or views of the material. Students will be granted the right to check out any developmentally appropriate material. In addition, school library staff will be granted civil and criminal immunity, so long as they perform their duties in good faith.

To view the full text of the bill, please visit the New Jersey Legislature’s website.