SB 552 — PUBLIC PEACE, HEALTH, SAFETY & WELFARE

SB0552EDS SENATE EDUCATION COMMITTEE SUBSTITUTE FOR SENATE BILL 552 57TH57th LEGISLATURElegislature -STATEOFNEWMEXICO-- FIRSTSTATE SESSION,OF 2025NEW INTRODUCEDMEXICO BY- Antoinettefirst Sedillosession, Lopez2025 6  8  10          AN ACT RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE.WELFARE;

13ENACTING BE IT ENACTED BY THE LEGISLATUREPROTECTION OF THESCHOOL STATELIBRARY OFMATERIALS NEWACT. MEXICO:

15  eBE tIT 17ENACTED wBY lTHE nLEGISLATURE dOF 18THE =STATE =OF 19NEW aMEXICO: l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229576.1

     SECTION 1.

A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Protection of School Library Materials Act"."      SECTION 2.

A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Protection of School Library Materials Act:

          A.

"library resource" means printed and digital or electronic books and other educational media and includes:

                (1) magazines, newspapers or pamphlets;

                (2) online reference and periodical databases, streaming resources or computer software;

                (3) microfiche or microfilm;

                (4) films, filmstrips, audiotapes, video tapes, disc records, compact discs or slides;

                (5) library programs or exhibits;

and                 (6) other printed or unprinted material related to speech;

and           B.

"library staff member" means a public school librarian, teacher librarian, library media specialist or a school employee assigned to duties in a library or a school employee who carries out or assists with the functions of a public school library."      SECTION 3.

A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] WRITTEN POLICIES.--By September 1, 2025, each local school board and charter school governing body shall establish and submit to the department for approval:

          A.

written policies for the acquisition, retention, display and use of library resources that comply with the provisions of Section 4 of the Protection of School Library Materials Act;

and           B.

a written policy for the reconsideration of a library resource that complies with the provisions of Section 5 of the Protection of School Library Materials Act."      SECTION 4.

A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] STANDARDS.--The written policies established by a local school board or charter school governing body pursuant to Subsection A of Section 3 of the Protection of School Library Materials Act shall:

          A.

comply with the first amendment to the United States constitution or Article 2, Section 17 of the constitution of New Mexico concerning freedom of speech, whichever is more protective of speech;

and           B.

protect against harassment and discrimination, particularly regarding a protected class based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin or ancestry, with respect to the author, content and intended audience of a library resource."      SECTION 5.

A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] RECONSIDERATION OF LIBRARY RESOURCES.--           A.

A public school library may remove a library resource from its permanent collection only if that resource has been reviewed in accordance with the applicable reconsideration policy established pursuant to Section 3 of the Protection of School Library Materials Act;

provided that the provisions of this subsection do not apply to routine collection, maintenance and deaccession in accordance with a public school library's established collection development and maintenance policy.

          B.

Each local school board and charter school governing body shall make its established reconsideration policy available to the public.

          C.

A request for reconsideration of a library resource may be made only by a parent of a student enrolled at that school.

          D.

A library resource shall not be subject to reconsideration more than once in a two-year period;