DOVER – Recognizing nationwide attempts to remove or limit access to reading materials in libraries, lawmakers announced new legislation on Tuesday aimed at promoting the freedom to read in the First State.
Sponsored by Rep. Krista Griffith and Sen. Elizabeth Lockman, House Bill 119, also known as the Freedom to Read Act, would protect the rights of communities to access diverse books and educational materials in both public schools and libraries and establish a fair, transparent process for challenges to library content.
“Libraries have always been a place where everyone, regardless of age, background, or belief, can freely explore ideas and access information. Unfortunately, over the past several years, we’ve seen a rise in attempts to remove books and censor content nationally simply because they present perspectives that some may disagree with, ” said Rep. Krista Griffith.
“The Freedom to Read Act is a balanced approach that allows community members to raise concerns through a clear and respectful process, while making sure books aren’t pulled from shelves just because someone disagrees with the views they contain.”
The Freedom to Read Act would help to limit literary censorship by requiring Delaware’s public schools and libraries to adopt collection development policies that affirm the right of all individuals to access materials for their interest, information, and enlightenment, and prohibit the removal of materials based on an author’s background or partisan, ideological, or religious objections.
These collection development policies would be required to outline a clear review process for community members who wish to challenge or remove materials while ensuring that the materials in question remain available to the public or students during the review period.
Under HB 119, if a dispute arises over the inclusion of school library material, appeals could be escalated to the local education agency’s board, and ultimately to a newly established School Library Review Committee, comprised of the President of the School Chiefs’ Association, the State Librarian, the Secretary of the Department of Education, the President of the Delaware State Education Association, the President of the Association of School Administrators, the President of the Delaware Association of School Librarians, and the President of the Delaware Library Association.
The bill also outlines an appeals process for public libraries, which could include a review by the Delaware Library Consortium Public Libraries Policy Steering Committee or the Council on Libraries. The State Librarian makes the final decision regarding requests for the removal of library materials.
“Book censorship driven by federal initiatives aims to erase history and limit diversity of opinion,” said Sen. Elizabeth Lockman.
“Books and libraries have always served as a powerful outlet for expression, a pathway to success, and a practice in critical thinking. We must protect the right of our future generations to access these essential tools and the freedom to engage with the material of their choice.”
A recent PEN America study found that there were more than 10,000 instances of book bans during the 2023-2024 school year, more than twice the number from the prior year.
At least six states, including California, Illinois, Maryland, Minnesota, Washington, and New Jersey, have implemented laws to limit book bans.
“Fortunately, for Delaware this is a preventative step. Collection Development Policies are a standard library tool and Delaware public libraries already have them in place,” said Dr. Annie Norman, State Librarian.
“Books are a safe space, a safe way to learn about the world. Kids who read succeed!”
The Freedom to Read Act also includes protections for library employees acting in accordance with their collection development policies.
“I want to thank Rep. Krista Griffith and Sen. Tizzy Lockman for sponsoring legislation to create a simple, fair, and consistent process our libraries can follow to cultivate their collections without undue influence from partisan politics,” said Stephanie Ingram, President of the Delaware State Education Association.
“Just as importantly, the Freedom to Read Act preserves the liberty of local communities to make decisions about what’s right for them and their children, while also protecting the rights and safety of the library employees who serve their communities,” she said. “This is the kind of fair and even-handed public policy we need more of in the world today.”
HB 119 has been assigned to the House Administration Committee.