Updates
- Added by St. 2026, c. 189, § 1, effective November 8, 2026
Section 82A
(a)
For the purposes of this section and sections 82B and 82C the following words shall have the following meanings unless the context clearly requires otherwise:
“School library”, a library within a school department of a city or town, a regional school, an independent vocational school or a vocational school or agricultural school operated by a county.
“School library materials”, textbooks, instructional materials, curricula, books or other library resources.
“School library teacher”, the school library teacher in the district licensed by the department, or in the absence of such a school library teacher, the school official responsible for the selection of school library materials and the use of school library materials and facilities.
(b)
A determination that materials are appropriate for inclusion in a school library by a school library teacher shall require that: (i) the materials are age appropriate; (ii) the materials serve an educational purpose; and (iii) the determination is based on the teacher’s or employee’s professional training and not on personal, political or doctrinal views.
(c)
No challenged material selected for inclusion in a school library collection pursuant to subsection (b) shall be removed except upon a determination and vote by the school committee or board of trustees of a charter school following: (i) notice; (ii) a public hearing; and (iii) a finding by a review committee of school personnel appointed by the school superintendent, in consultation with the school committee or in the case of a charter school, the board of trustees, that the material, taken as a whole, based on clear and convincing evidence, is devoid of any educational, literary, artistic, personal or social value or is not age appropriate for any child who attends the school. A school committee shall only consider a challenge to material in a school library from an individual who is a staff member employed by a school overseen by the school committee, a parent or guardian of a student currently enrolled in such a school or a student currently enrolled in such a school.
(d)
A decision of the school committee or the board of trustees of a charter school to remove materials from a school library may be challenged by a student, parent or guardian pursuant to section 5 of chapter 249.
(e)
Nothing in this section shall preclude school employees responsible for school library content from deciding to remove materials that have become outdated or to accommodate new materials; provided, however, that the decision to remove materials shall not be made based on personal, political or doctrinal views.
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| Last updated: | August 10, 2026 |
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