Official Site of The State of New Jersey

Pursuant to N.J.S.A. 18A:34A-1 et seq., the Commissioner of Education is directed to develop model policies governing curation and removal of library materials for boards of education to review when developing their own policies. The purpose of this guidance is to protect the freedom of New Jersey’s residents to read, for school libraries and public libraries to acquire and maintain materials without external limitations, to recognize that school library staff members and librarians are trained to curate and develop collections, and to ensure school library staff members and librarians are able to perform their duties. In developing the model policies, the commissioner consulted with the State Librarian, the New Jersey Association of School Librarians, and the New Jersey School Boards Association.

Library Materials Curation Policy

For New Jersey Public School Districts

Mandatory Provisions

The board shall have control over the content of the policy, except that the policy shall, at a minimum, include the provisions in this document.

Purpose

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 library material selected for inclusion in the school library, and provide protection against attempts to censor library material. This policy is devised pursuant to N.J.S.A. 18A:34A-1, et seq.

Definitions

“Board of education” means a board of education as defined in N.J.S.A. 18A:18A-2, the board of directors of an educational services commission, a board of trustees of a charter school, a board of trustees of a renaissance school project, or any other local education agency.

“Censorship” means to block, suppress, or remove library material based on disagreement with a viewpoint, idea, or concept, or solely because an individual finds certain content offensive, but does not include limiting or restricting access to any library material deemed developmentally inappropriate for certain students.

“Diverse and inclusive material” means any material that reflects any protected class as enumerated in the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.); material produced by an author who is a member of a protected class as enumerated in the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.); and material that contains the author’s points of view concerning contemporary problems and issues, whether international, national, or local; but excludes content that is inappropriate for grades served by the school library.

“Individual with a vested interest” means any teaching staff member employed by the board of education, any parent or guardian of a student enrolled in the school district at the time the removal form is filed, and any student enrolled in the district at the time the removal form is filed.

“Library material” means any material including, but not limited to, nonfiction and fiction books; magazines; reference books; supplementary titles; multimedia and digital material; software and instructional material and other material not required as part of classroom instruction, belonging to, on loan to, or otherwise in the custody of a school library.

“School library staff member” means a school library media specialist, school librarian, any certificated or non-certificated staff member assigned to duties in a school library, or any individual carrying out or assisting with the functions of a school library media specialist or school librarian.

Core Principles

1. Recognize Diversity of Viewpoints
   • Recognize that library material should be provided for the interest, information, and enlightenment of all students and should present diverse points of view in the collection as a whole.
2. Acknowledge Non-Discrimination in Removal
   • Acknowledge that library material shall not be removed from a school library because of the origin, background, or views of the library material or those contributing to its creation.
3. Recognize Importance of Voluntary Inquiry
   • Recognize the importance of school libraries as centers for voluntary inquiry and the dissemination of information and ideas.
4. Promote Intellectual Freedom
   • Promote the free expression and free access to ideas by students by prohibiting the censorship of library material.
5. Acknowledge Role of School Library Media Specialists
   • 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 available to schools.
6. Establish Procedure and Selection Criteria
   • Establish a procedure for a school library staff member to review library material within a school library on an ongoing basis, which shall include, but not be limited to: the library material’s relevance; the condition of the library material; the availability of duplicates; the availability of more recent developmentally appropriate material; and the continued demand for the library material.

For the Library Material Removal Process, please see Library Materials Removal Policy.

Pre-Existing Board Policy

In the event a board of education already has a policy that complies with the requirements of N.J.S.A. 18A:34A-1, et seq., the board shall not be required to take further action.

Board Authority

A board of education, in consultation with school library staff members, shall have discretion in selecting, purchasing, or acquiring library material for inclusion in the school library. Pursuant to N.J.S.A. 18A:34A-4 a board of education shall not be required to purchase, or otherwise acquire, library material for a school library.

Pursuant to N.J.S.A. 18A:3A-4, a board of education’s authority to select textbooks and school supplies related to the curriculum shall not be restricted.

Adopted: [Date] Last Revised: [Date]

Pursuant to N.J.S.A. 18A:34A-1, et seq., the Commissioner of Education is directed to develop model policies governing curation and removal of library materials for boards of education to review when developing their own policies. The purpose of this guidance is to protect the freedom of New Jersey’s residents to read, for school libraries and public libraries to acquire and maintain materials without external limitations, to recognize that school library staff members and librarians are trained to curate and develop collections, and to ensure school library staff members and librarians are able to perform their duties. In developing the model policies, the commissioner consulted with the State Librarian, the New Jersey Association of School Librarians, and the New Jersey School Boards Association.

Library Materials Removal Policy

Purpose

This policy establishes procedures for the formal review of library materials when concerns are raised by members of the school community. This policy is devised pursuant to N.J.S.A. 18A:34A-1, et seq.,.

Mandatory Provisions

The board shall have control over the content of the policy, except that the policy shall, at a minimum, include the provisions in this document.

Definitions

“Board of education” means a board of education as defined in N.J.S.A. 18A:18A-2, the board of directors of an educational services commission, a board of trustees of a charter school, a board of trustees of a renaissance school project, or any other local education agency.

“Censorship” means to block, suppress, or remove library material based on disagreement with a viewpoint, idea, or concept, or solely because an individual finds certain content offensive, but does not include limiting or restricting access to any library material deemed developmentally inappropriate for certain students.

“Diverse and inclusive material” means any material that reflects any protected class as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); material produced by an author who is a member of a protected class as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); and material that contains the author’s points of view concerning contemporary problems and issues, whether international, national, or local; but excludes content that is inappropriate for grades served by the school library.

“Individual with a vested interest” means any teaching staff member employed by the board of education, any parent or guardian of a student enrolled in the school district at the time the removal form is filed, and any student enrolled in the district at the time the removal form is filed.

“Library material” means any material including, but not limited to, nonfiction and fiction books; magazines; reference books; supplementary titles; multimedia and digital material; software and instructional material and other material not required as part of classroom instruction, belonging to, on loan to, or otherwise in the custody of a school library.

“School library staff member” means a school library media specialist, school librarian, any certificated or non-certificated staff member assigned to duties in a school library, or any individual carrying out or assisting with the functions of a school library media specialist or school librarian.

Creation of Request for Removal Form

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 of the reasons for the objection.

For a model Request for Removal Form, see Request for Removal of Library Materials.

Eligible Requestors

Formal requests for removal may be submitted by an individual with a vested interest to the principal of the school in which the library material is challenged.

General Principles

1. A board of education shall not remove library material from a school library in the district because of the origin, background, or views of the library material or those contributing to its creation and shall not engage in censorship of library material.
2. A board of education shall allow a student to reserve or check out any developmentally appropriate library material, including diverse and inclusive material, regardless of the origin, background, or views of the library material or those contributing to its creation.
3. Challenged materials shall remain in circulation during the review process.
4. Requests must address specific materials rather than entire subject categories.
5. Each request shall receive a thorough review by a review committee.
6. Decisions shall be based on the material as a whole, not isolated passages.
7. Previous decisions regarding challenged materials shall not be subject to a subsequent challenge for at least one year.
8. Challenges to identical or substantially similar library materials may be consolidated to reduce redundancy and resource strain.
9. The Board of Education has final determination as to whether a challenged material is to be retained, removed from the school library, or limited in use.

Initial Response

1. Upon receiving a formal request:
   1. The principal or principal’s designee shall promptly forward the request for removal to the superintendent of the school district.
   2. The superintendent or designee shall appoint a review committee.

Review Committee Formation

A review committee shall be formed by the superintendent or the superintendent’s designee, consisting of:

• the superintendent or the superintendent’s designee;
• the principal of the school in which the library material is challenged or the principal’s 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 library material, provided the teacher selected is not the individual who submitted the form;
• a parent or guardian of a student enrolled in the school district, provided the parent or guardian selected is not the individual who submitted the form;
• if appropriate, and 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 enrolled in the district in grades nine through 12 may volunteer to serve on the review committee, if that student did not file the removal form. The superintendent shall consult with the principal of the school involved in the removal request in making this determination; and
• any additional members the superintendent deems necessary.

Review Process

1. Committee members shall:
   1. Evaluate the request for removal form.
   2. Review the challenged library material in its entirety.
2. The Committee shall meet to:
   1. Discuss the material and concerns raised.
   2. Make a recommendation on whether the challenged material should be removed from circulation, be retained, or limited in use.
   3. Prepare a written response for the board of education with its recommendations no later than 60 school days from the date of the next regularly scheduled board of education meeting after receipt of the form.
   4. Provide a copy of the committee’s report to the individual with a vested interest who filed the form and the principal.
3. The Board of Education shall:
   1. Review the committee’s report and make a final determination on whether the library material is to be retained, removed from the school library, or limited in use.
   2. Provide a written statement of reasons for:
      1. the removal, limitation, or non-removal of a library material; and
      2. any final determination that is contrary to the recommendations of the review committee.
   3. The written statement of reasons shall be posted on the board’s Internet website in a prominent and easily accessible location within 30 days of the determination.

Documentation

All removal requests and outcomes shall be:

• Documented in writing.
• Maintained in district records.

Controversies and Disputes

A board of education determination issued in accordance with N.J.S.A. 18A:34A-5 which denies a request for removal shall not constitute a controversy or dispute pursuant to N.J.S.A. 18A:6-9. This has been interpreted to mean a denial of a request for removal is not appealable.

Appeals

An individual with a vested interest may file a petition of appeal of the board’s final determination to the commissioner through the Office of Controversies and Disputes in accordance with N.J.S.A. 18A:6-9 and the procedures set forth in State Board of Education regulations. This has been interpreted to mean an individual with a vested interest may appeal the removal of material to Controversies and Disputes through the procedure stated above.

Hold Harmless

Nothing in this section shall be construed as creating a separate legal cause of action regarding any determination issued pursuant to N.J.S.A. 18A:34A-5.

Immunity from Civil and Criminal Liability

A school library staff member who engages in activities as required by N.J.S.A. 18A:34A-4 through 6 shall be immune from civil and criminal liability arising from good faith actions performed pursuant to N.J.S.A. 18A:34A-7.

Pursuant to N.J.S.A. 18A:34A-1, et seq.,, the Commissioner of Education is directed to develop model policies governing curation and removal of library materials for boards of education to review when developing their own policies. The purpose of this guidance is to protect the freedom of New Jersey’s residents to read, for school libraries and public libraries to acquire and maintain materials without external limitations, to recognize that school library staff members and librarians are trained to curate and develop collections, and to ensure school library staff members and librarians are able to perform their duties. In developing the model policies, the commissioner consulted with the State Librarian, the New Jersey Association of School Librarians, and the New Jersey School Boards Association.

Request for Removal of Library Materials

Mandatory Provisions

N.J.S.A. 18A:34A-1, et seq., directs boards of education to develop a Library Materials Removal Policy. As a part of the policy, boards of education are required to create a request for removal form that may be submitted by an individual with a vested interest to the principal of the school in which the library material is challenged to initiate a review of the material. 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 of the reasons for the objection.

Model Request for Removal Form