New Jersey enacts Freedom to Read Act protecting student access to library materials

Steve Beatty Vice President - New Jersey Education Association
Steve Beatty Vice President - New Jersey Education Association
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The Freedom to Read Act has been enacted in New Jersey, offering protection to students and school library staff by ensuring access to a diverse range of library materials. Signed into law by Governor Phil Murphy on December 9, 2024, the act will come into effect one year from that date.

Karen Grant, President of the New Jersey Association of School Librarians, stated: “The Freedom to Read Act recognizes the professionalism, honor, work ethics and performance of school library media specialists. It promotes libraries as trusted sources of information and recognizes the many roles that libraries play in students’ lives. The bill will protect the intellectual freedom of students as well as acknowledge that school libraries are centers for voluntary inquiry, fostering students’ growth and development.”

The act addresses challenges faced by School Library Media Specialists (SLMS) who have encountered demands for the removal of certain materials from school libraries. It prohibits districts from removing books based solely on objections to their content or creators’ backgrounds and prevents unconstitutional censorship by school boards.

Additionally, the law acknowledges the expertise of SLMS in curating library collections and shields them from legal actions related to their professional duties. It mandates school boards to implement policies promoting free access to ideas while avoiding censorship.

School boards must follow specific procedures when removal requests arise. Only individuals with vested interests—district teaching staff members, parents/guardians of district students, or district students themselves—can file such requests. A review committee comprising library staff, teaching staff, administration, and community members will evaluate these requests.

While under review, materials remain accessible to students. Boards must provide written explanations for their decisions within 30 days and post them online. Challenges against board determinations can be filed only by those with vested interests through the state’s commissioner of education.

To support policy implementation, model policies will be issued by the commissioner of education in collaboration with stakeholders like the New Jersey Association of School Librarians.

Kaitlyn Dunphy is an associate director at NJEA Legal Services and Member Rights within the NJEA Executive Office (kdunphy@njea.org). Francine Pfeffer is an associate director in Politics and Policy at NJEA Government Relations Division (fpfeffer@njea.org).



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