PRINTER'S NO. 1528
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1374
Session of
2023
INTRODUCED BY RABB, HILL-EVANS, PROBST, SMITH-WADE-EL, KINSEY,
MADDEN, HOHENSTEIN, CERRATO, SANCHEZ, SCHLOSSBERG AND KHAN,
JUNE 12, 2023
REFERRED TO COMMITTEE ON EDUCATION, JUNE 12, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in terms and courses of study,
providing for books and other educational resource materials.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XV of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is amended by
adding a subarticle to read:
(e) Books and Other Educational Resource Materials.
Section 1561. Definitions.
The following words and phrases when used in this subarticle
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The governing body of a public school entity.
"Committee." An educational resource material review
committee established under section 1563.
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"Department." The Department of Education of the
Commonwealth.
"Institution of higher education." Any of the following:
(1) A university within the State System of Higher
Education established under Article XX-A.
(2) An institution designated as "State-related" by the
Commonwealth.
"Printed or audiovisual material." Any material that is
purchased by, donated to or otherwise made available to a
library at a public elementary or secondary school and available
in a print format, including a book, periodical, newspaper and
document, or available in a nonprint format, including a
recording of sound or image and other multimedia or digital
source.
"Professor." An individual who teaches at an institution of
higher education located within this Commonwealth and has
assigned a book or other educational resource material under
discussion at least twice during the three preceding academic
years.
"Protected characteristic." A characteristic of or relating
to a protected class, including race, color, religion, national
origin, sex, marital status, sexual orientation, gender identity
or disability or other medical condition, and a character,
literary element, theme, symbol or other literary content,
fictional or nonfictional, relating to or referencing the
characteristic.
"Protected class." One of the following:
(1) A group of individuals protected under the act of
October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
Human Relations Act.
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(2) Another group of individuals not explicitly
protected under the Pennsylvania Human Relations Act, but
that may experience discrimination due to the individuals'
sexual orientation or gender identity.
"Public school entity." A public school, including a school
district, charter school, intermediate unit or area career and
technical school.
"Qualified moderator." An individual who has professional or
academic background in the subject area of a book or other
educational resource material under discussion.
Section 1562. Authorization.
A board may, by majority vote and if the board of school
directors complies with the requirements of this subarticle:
(1) Ban or restrict access to a book or other
educational resource material from a school library,
curriculum or recommended reading list or related use of the
public school entity.
(2) Require the inclusion or acquisition of a book or
other educational resource material within a school library,
curriculum or recommended reading list or related use of the
public school entity.
Section 1563. Establishment of committee.
(a) Requirement.--A board may not engage in an action
authorized under section 1562 unless the board of school
directors first establishes an educational resource material
review committee.
(b) Nature and purposes.--A committee shall be advisory in
nature, assist with instituting policies in accordance with this
subarticle and inform school communities about books, curricula
and other educational resource materials.
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(c) Mandatory composition.--A committee shall consist of the
following individuals associated with the school district of the
public school entity:
(1) Principals.
(2) Directors of curricula.
(3) Librarians.
(4) The superintendent or a designee of the
superintendent.
(d) Discretionary composition.--The board may permit a
committee to include other stakeholders, such as officers of
school-recognized student groups.
Section 1564. General training.
A member of a committee shall participate in training
developed in conjunction with the following:
(1) The Office of Diversity, Equity and Inclusion within
the Pennsylvania State System of Higher Education.
(2) The State Board of Education.
(3) The Office of Commonwealth Libraries within the
department.
(4) Teacher unions in this Commonwealth, including the
Pennsylvania State Education Association and the Pennsylvania
Federation of Teachers.
Section 1565. Committee meetings.
(a) Requirements.--Prior to a public hearing under section
1570, a committee shall:
(1) Hold an initial organizational meeting, during which
the members of the committee shall select a chairperson or
two cochairpersons.
(2) Hold no fewer than two meetings to conduct business
in furtherance of this subarticle.
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(b) Nature of meetings.--A meeting of a committee held prior
to a public hearing under section 1570 need not be open to the
public.
Section 1566. Forms.
(a) Development and purpose.--The department, in
consultation with the Pennsylvania State System of Higher
Education and the Office of Commonwealth Libraries within the
department, shall develop a form to be used by a member of a
board who seeks to ban, restrict access to or require the
inclusion or acquisition of a book or other educational resource
material from or within a school library, curriculum or
recommended reading list or related use of the public school
entity.
(b) Posting.--The form shall be posted on the department's
publicly accessible Internet website.
(c) Contents.--A completed form shall identify:
(1) categories of concern and specific sections,
passages or pages of the book or other educational resource
material that merit the ban or restriction; or
(2) reasons for requiring the inclusion or acquisition
of the book or other educational resource material.
(d) Duties.--Prior to a public hearing under section 1570, a
committee shall:
(1) Address any concern regarding the form.
(2) Review any completed form by a member of the board.
(e) Public record.--A completed form shall be accessible for
inspection and duplication in accordance with the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
Section 1567. Notarized attestation.
A member of the board who seeks to ban, restrict access to or
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require the inclusion or acquisition of a book or other
educational resource material from or within a school library,
curriculum or recommended reading list or related use of the
public school entity must:
(1) complete the form under section 1566;
(2) sign a notarized attestation form that the member
has read the book or other educational resource material in
its entirety within the current calendar year; and
(3) attach to the form a receipt documented by a school
librarian or director of curriculum provided to the member.
The receipt shall state whether the book or other educational
resource material is within a school library, curriculum or
recommended reading list or related use of the public school
entity.
Section 1568. Specific training.
Members of a committee shall participate in a training by a
Pennsylvania State System of Higher Education professor, or a
designee, who has taught or otherwise written about a book or
other educational resource material in question, as confirmed by
the department and a librarian chosen by the Office of
Commonwealth Libraries within the department.
Section 1569. Report.
(a) Preparation.--A committee shall prepare a report
containing a discussion of a book or other educational resource
material and the recommendation of the committee regarding the
proposed ban, restriction, inclusion or acquisition of the book
or other educational resource material.
(b) Requirements.--The report shall be:
(1) Transmitted to the board at least 24 hours before
the scheduled meeting of the board during which the proposed
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ban, restriction, inclusion or acquisition will be
considered.
(2) Posted on the public school entity's publicly
accessible Internet website.
(c) Template.--The Pennsylvania State System of Higher
Education shall develop a template for the written report by the
committee.
Section 1570. Public hearings.
(a) Duty to hold.--A board shall hold a public hearing
regarding the proposed ban, restriction, inclusion or
acquisition of a book or other educational resource material.
(b) Moderator.--
(1) Except as provided in paragraph (2), the public
hearing shall be moderated by at least one professor from an
institution of higher education.
(2) If no professor from an institution of higher
education is available as moderator, the board of school
directors of a public school entity shall select another
qualified moderator for the public hearing.
(c) Presentation.--The chairperson or cochairpersons of the
committee, or a designee of the chairperson or cochairpersons of
the committee, shall attend the public hearing and present the
report under section 1569 and recommendation of the committee.
(d) Duties of proponent.--The member of the board who
proposes the ban, restriction, inclusion or acquisition of the
book or other educational resource material shall attend the
public hearing and, as requested by another member of the board
or any of the individuals described in subsection (c):
(1) Read aloud excerpts from the book or other
educational resource material that form the basis of the
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proposed ban, restriction, inclusion or acquisition of the
book or other educational resource material.
(2) Provide any other related information, including
information contained in the completed form that proposed the
ban, restriction, inclusion or acquisition of the book or
other educational resource material.
(e) Public response.--The public hearing shall allow for
residents living within the boundaries of the school district to
comment on the merits and content of the book or other
educational resource material under discussion at the public
hearing.
(f) Vote.--
(1) Following completion of the public hearing, the
board may vote for the ban, restriction, inclusion or
acquisition of the book or other educational resource
material.
(2) A two-thirds vote of the members of the board is
required for the ban, restriction, inclusion or acquisition.
(3) A motion regarding the ban, restriction, inclusion
or acquisition may not occur unless the individual requesting
the ban, restriction, inclusion or acquisition is present at
the public hearing during which the motion is made.
(g) Construction.--A motion regarding the ban, restriction,
inclusion or acquisition of a book or other educational resource
material may not result in an action being taken regarding the
ban, restriction, inclusion or acquisition that occurs after the
end of the school year and before the beginning of the next
school year.
Section 1571. Exception.
Notwithstanding any provisions of this act, a board may not
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remove or restrict access to printed or audiovisual material
available in school libraries solely on the basis of the
presence of characters, literary elements, themes, symbols or
other literary content relating to protected classes or
protected characteristics. A board shall apply the review
standards and procedures in this subarticle relating to the
removal or restriction of access to printed or audiovisual
material available in public secondary school libraries,
including those involving sexual content or nudity, consistently
and equally, free from viewpoint discrimination based on the
presence of characters, literary elements, themes, symbols or
other literary content relating to protected classes or
protected characteristics.
Section 2. This act shall take effect in 60 days.
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