Discussion of Library Collection Development Standards in Compliance with House Bill 900

August 31, 2023

COMMITTEE ON INSTRUCTION: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY: House Bill (HB) 900, passed by the 88th Texas Legislature, Regular Session, requires the Texas State Library and Archives Commission (TSLAC), with approval by majority vote of the State Board of Education, to adopt standards for school library collection development that a school district is required to adhere to in developing or implementing the district's library collection development policies. This item provides the opportunity for the committee to discuss a draft of the proposed collection development standards and provide feedback to TSLAC.

STATUTORY AUTHORITY: Texas Education Code (TEC), §33.021, as amended by HB 900.

TEC, §33.021(b), requires the Texas State Library and Archives Commission (TSLAC) , in consultation with the State Board of Education, to adopt voluntary standards for school library services, other than collection development, that a school district must consider in developing, implementing, or expanding library services.

TEC, §33.021(c), requires the TSLAC, with approval by majority vote of the State Board of Education, to adopt standards for school library collection development that a school district must adhere to in developing or implementing the district’s library collection development policies.

The full text of statutory citations can be found in the statutory authority section of this agenda.

FUTURE ACTION EXPECTED: Library collection development standards will be presented to the SBOE for approval at the November 2023 meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: Prior to passage of HB 900, TEC, §33.021 required the TSLAC, in consultation with the SBOE, to adopt standards for school library services. A school district was required to consider the standards in developing, implementing, or expanding library services. 

The 88th Texas Legislature, Regular Session, 2023, passed HB 900, amending TEC §33.021 to require the TSLAC, in consultation with the SBOE, to adopt voluntary standards for school library services, other than collection development, that a school district must consider in developing, implementing, or expanding library services. HB 900 also requires the TSLAC, with approval by majority vote of the State Board of Education, to adopt standards for school library collection development that a school district is required to adhere to in developing or implementing the district's library collection development policies. The TSLAC must adopt the standards for school library collection development not later than January 1, 2024. The school library collection development standards must be reviewed and updated at least once every five years, and include a collection development policy that does the following:

• Prohibits the possession, acquisition, and purchase of harmful material, as defined by Texas Penal Code §43.24; library material rated sexually explicit material by the selling library material vendor, or library material that is pervasively vulgar or educationally unsuitable as referenced in Pico v. Board of Education, 457 U.S. 853 (1982)
• Recognizes that obscene content is not protected by the First Amendment to the United States Constitution
• Is required for all library materials available for use or display, including material contained in school libraries, classroom libraries, and online catalogs
• Recognizes that parents are the primary decision makers regarding a student’s access to library material
• Encourages schools to provide library catalog transparency
• Recommends schools communicate effectively with parents regarding collection development
• Prohibits the removal of material based solely on the ideas contained in the material or personal background of the author of the material or characters in the material

This item provides the committee with the opportunity to discuss draft school library collection development standards and provide preliminary feedback to the TSLAC.

Staff Member Responsible:
Monica Martinez, Associate Commissioner, Standards and Programs

Separate Exhibit:
Draft Collection Development Standards
(to be provided in advance of the August-September 2023 SBOE meeting)