SENATE BILL

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antoinette Sedillo Lopez

AN ACT

RELATING TO PUBLIC SCHOOLS; REQUIRING SCHOOL DISTRICTS TO ESTABLISH POLICIES REGARDING THE MANAGEMENT OF PUBLIC SCHOOL LIBRARIES AND THE ADMINISTRATION OF LIBRARY PROGRAMS AND SERVICES; PROHIBITING RETALIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SCHOOL LIBRARY PROTECTION--POLICIES, STANDARDS AND PROHIBITIONS.--

          A. As used in this section:

                (1) "library resource" means a printed, digital or electronic book or other educational media and includes:

                     (a) a magazine, newspaper, pamphlet or slide deck;

                     (b) an online reference or periodical database, a streaming service or computer software;

                     (c) a microfiche or microfilm;

                     (d) a film, a filmstrip, an audio tape, a video tape, a vinyl record, a compact disc or a digital audio or video file;

                     (e) a poster, a display or an exhibit; and

                     (f) other printed or unprinted materials and library programming;

                (2) "library staff member" includes a public school librarian, teacher librarian, library media specialist, school employee assigned to duties in a public school library, school employee or volunteer who carries out or assists with the functions of a public school library;

                (3) "local school board" includes a governing body of a charter school; and

                (4) "school district" includes a charter school.

          B. In the control and management of public school libraries and the administration of library programs and services, a school district shall prohibit discrimination against the author, content and intended audience of a library resource based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, tribal affiliation or ancestry and shall prohibit harassment of the author or intended audience of a library resource.

          C. A school district may remove a library resource from a public school library's permanent collection only in accordance with the following:

                (1) each school district shall adopt a uniform process and uniform standards for the removal, restriction or discontinuation of a library resource;

                (2) a request to remove, restrict or discontinue a library resource from a public school library may be made only by a student enrolled at that school or a student's parent;

                (3) a library resource shall not be considered for removal, restriction or discontinuation more than once in a two-year period, at minimum;

                (4) when a library resource is considered for removal, the library resource shall be reviewed as a whole and the adopted standards shall be applied to the library resource as a whole;

                (5) a final determination of a request to remove, restrict or discontinue a library resource shall be in writing, available to the public and include the standards used in making the determination and how those standards were applied to the library resource at issue;

                (6) a library resource subject to a request for removal, restriction or discontinuation shall not be removed, restricted or discontinued until a final determination is made; and

                (7) the provisions of this section shall not apply to routine maintenance and deaccession of a public school library's collection.

          D. No later than September 1, 2026, each local school board shall establish and submit to the department for approval written policies that reflect the provisions of this section, including written policies for the acquisition, retention, display and use of library resources and for the maintenance and deaccession of a public school library's collection. The department shall approve only written policies that 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.

          E. A library staff member shall not be subject to termination, demotion, discipline or retaliation for refusing to remove, restrict or discontinue a library resource before a final determination to remove, restrict or discontinue that library resource has been made in accordance with this section or for making decisions that the library staff member believes, in good faith, comply with this section and the respective school district's policies."

- 5 -