18A:34A-5 Removal request procedure, school library.
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/nj/title-18a/chapter-34a/18a-34a-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
5. a. A board of education shall adopt a policy establishing a procedure regarding a request for removal of library material within a school library. When developing the policy, the board shall review the model policy established by the Commissioner of Education pursuant to subsection d. of this section.
b. The board shall have control over the policy, except that the policy shall, at a minimum:
(1)provide for the creation of a request for removal form, based on the model removal form developed by the commissioner pursuant to subsection d. of this section, 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 the vested interest to specify which sections of the library material the individual objects to and an explanation of the reasons for the objection;
(2)require the principal or principal's designee to promptly forward the request for removal to the superintendent of the school district. The superintendent or the superintendent's designee shall appoint a review committee, consisting of:
(a)the superintendent or the superintendent's designee;
(b)the principal of the school in which the library material is challenged or the principal's designee;
(c)the school library media specialist or a school library staff member;
(d)a representative selected by the board of education;
(e)at least one grade-appropriate teacher familiar with the library material, provided the teacher selected is not the individual who submitted the form;
(f)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;
(g)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
(h)any additional members the superintendent deems necessary;
(3)require that a challenged library material remain within the school library and available for a student to reserve, check out, or access until there is a final decision reached by the board of education pursuant to paragraph
(5)of this subsection;
(4)require the review committee to evaluate the request for removal form, review the challenged library material, and report in writing its recommendations on whether to remove the library material to the board of education no later than 60 school days from the date of the next regularly scheduled board of education meeting after receipt of the form. A copy of the committee's report shall also be provided to the individual with a vested interest who filed the form and the principal;
(5)require the board of education to review the committee's report and make a final determination on whether the library material is to be removed from the school library or limited in use. The board shall provide a written statement of reasons for:
(a)the removal, limitation, or non-removal of a library material; and
(b)any final determination that is contrary to the recommendations of the review committee.
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.
(6)provide that a library material that has been challenged pursuant to paragraphs
(1)through
(5)of this subsection shall not be subject to a subsequent challenge for at least one year; and
(7)permit a school district to consolidate requests for removal of the same challenged library material.
c. If a board of education has a policy that complies with the requirements of subsection b. of this section as of the effective date of this act, the board shall not be required to take further action.
d. To assist boards of education in developing a policy on the procedure regarding a request for removal of library material within a school library, the commissioner shall develop a model policy and model removal form. In developing the model policy and model removal form, the commissioner shall consult with the State Librarian, the New Jersey Association of School Librarians, and the New Jersey School Boards Association. The model policy and model removal form shall be updated as the commissioner deems necessary.
e. A board of education determination issued in accordance with the policy established in subsection b. of this section which denies a request for removal shall not constitute a controversy or dispute pursuant to N.J.S.18A:6-9.
f. 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.18A:6-9 and the procedures set forth in State Board of Education regulations.
g. Nothing in this section shall be construed as creating a separate legal cause of action regarding any determination issued pursuant to the policy established pursuant to subsection a. of this section.
L.2024, c.96, s.5.