PRINTER'S NO. 3639
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2929
Session of
2022
INTRODUCED BY RABB, HOHENSTEIN, KINKEAD, GUENST AND SANCHEZ,
NOVEMBER 29, 2022
REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 29, 2022
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
in public school entities.
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 in
Public School Entities.
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:
"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.
"Professor." An individual who teaches at an institution of
higher education located within this Commonwealth and has
assigned the book or other educational resource material under
discussion at least twice during the three (3) preceding
academic years.
"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 the book or other
educational resource material under discussion.
Section 1562. Authorization.
A board of school directors of a public school entity may do
the following if the board of school directors complies with the
requirements of this subarticle:
(1) Vote to 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) Vote to 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.
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Section 1563. Establishment of committee.
(a) Requirement.--A board of school directors of a public
school entity may not engage in any of the actions 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 and assist with instituting policies in accordance with
this subarticle and informing school communities about books,
curricula and other educational resource materials.
(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.--A committee may include
other stakeholders, such as officers of school-recognized
student groups.
Section 1564. General training.
Each member of a committee shall undergo 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
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Federation of Teachers.
Section 1565. Committee meetings.
(a) Requirements.--Prior to any 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.
(b) Nature of meetings.--Meetings of a committee prior to
any public hearing under section 1570 shall not be required to
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 of school directors of a public school entity 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 publicly
accessible Internet website of the department.
(c) Contents.--A completed form shall:
(1) identify 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) identify the reasons for requiring the inclusion or
acquisition of the book or other educational resource
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material.
(d) Duties.--Prior to any public hearing under section 1570,
a committee shall:
(1) Address any concerns regarding the form.
(2) Review any completed form by a member of the board
of school directors of the public school entity.
(e) Public document.--Each 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 of school directors of a public school
entity 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 shall complete the form under section 1566 and shall 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, with a receipt documented by a school
librarian or director of curriculum provided to the member.
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 the 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
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containing a discussion of the 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 of school directors of the
public school entity at least 24 hours before the scheduled
meeting of the board of school directors during which the
proposed ban, restriction, inclusion or acquisition will be
considered.
(2) Posted on the publicly accessible Internet website
of the public school entity.
(c) Template.--The Pennsylvania State System of Higher
Education shall develop the template for the written report by
the committee.
Section 1570. Public hearing.
(a) Requirement.--A board of school directors of a public
school entity shall hold a public hearing regarding the proposed
ban, restriction, inclusion or acquisition of the 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
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the committee, shall attend the public hearing and present the
report under section 1569 and the recommendations of the
committee.
(d) Duties of proponent.--The member of the board of school
directors of a public school entity who is proposing the ban,
restriction, inclusion or acquisition of the book or other
educational resource material shall attend the public hearing
and shall, as requested by another member of the board of school
directors 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
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.--Following completion of the public hearing, the
board of school directors of a public school entity may vote for
the ban, restriction, inclusion or acquisition of the book or
other educational resource material. The following apply:
(1) A two-thirds vote of the members of the board of
school directors shall be required for the ban, restriction,
inclusion or acquisition.
(2) A motion regarding the ban, restriction, inclusion
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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 2. This act shall take effect in 60 days.
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