Bill Summary for H 636 (2025-2026)

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Summary date: 

Apr 3 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 636 (Public) Filed Tuesday, April 1, 2025
AN ACT TO ESTABLISH PROCEDURES TO ENSURE THAT CONTENT THAT IS HARMFUL TO MINORS IS NOT MADE AVAILABLE IN SCHOOLS AND TO ESTABLISH A PRIVATE CAUSE OF ACTION FOR PARENTS, GUARDIANS, STUDENTS, OR RESIDENTS OF A COUNTY AGAINST A PUBLIC SCHOOL UNIT THAT IS VIOLATING THE PROVISIONS OF ARTICLE 7B OF CHAPTER 115C OF THE GENERAL STATUTES, CHAPTER 114A OF THE GENERAL STATUTES, OR PART 3 OF ARTICLE 1A OF CHAPTER 90 OF THE GENERAL STATUTES.
Intro. by N. Jackson, Biggs, Willis, Balkcom.

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Bill summary

Amends GS 115C-12 by adding a new subsection requiring the State Board of Education to maintain and annually update a publicly available database of all library media and materials rejected by public school units to new Part 7 of Article 7B of this Chapter. Requires the Department of Public Instruction to maintain the website where this database is made publicly available.

Adds Part 7 to Article 7B of Chapter 115C pertaining to public school unit requirements. Enacts GS 115C-78, which does all of the following:

(1) Defines seven terms, including harmful to minors as any material or performance that depicts or describes sexual activity or is pervasively vulgar; library media as any electronic, print, or nonprint resources, excluding textbooks, for independent use by students and school personnel and not used as part of the standard course of study for any grade or course, whether in a formal school library or in a classroom; and sexual activity as defined in GS 14-190.13.

(2) Requires governing bodies of public school units to adopt a policy for selecting library media that includes a recommendation review process including review of donated items.

(3) Mandates approval of media to be an ongoing process that includes removal of media that no longer meets the approval criteria.

(4) Details six requirements for the policy adopted by a governing body for media to be approved for addition to a school library: (1) superintendent must delegate responsibility to identify media recommended for addition to a community library advisory committee; (2) superintendent or designee must review media and determine if it meets the listed eight-point criteria; (3) superintendent must submit recommendations to the governing body of the public school unit for approval or denial; (4) the governing body must consider the recommended material at meetings, permits the body to request more information from the superintendent while reviewing, allows any member of the body to make a motion to place the recommended media before the body for approval, clarifies that without the motion media is not approved, and requires consideration to be completed within 90 days of submission; (5) requires recommended materials by superintendent or designee to be placed on the publicly-accessible school website with a form for submission of objections and instructions for eligible persons to submit an objection to approval; and (6) requires superintendent to submit letters of objection to the library advisory committee if a piece of media receives 10 or more letters of objection that specify how the media fails to meet the criteria.

(5) Requires governing body of the public school unit to establish a community library advisory committee to investigate and evaluate challenges from parents, teachers, and county residents including letters of objection. Notes member composition requirements for the board and requires the State Board of Education to review its rules and policies and establish guidance to be followed by these advisory committees.

(6) Requires the governing body of the public school unit to publish on a publicly accessible website and make available any specifically requested media available in the school library and criteria established used to select or procure the library media and materials to a parent, guardian, or county resident where the unit is located; and 

(7) Requires school principals to review all media that will be made available at a student book fair to determine if it meets the eight-point criteria in subsection (c)(2) and has been assigned a proper contact access designation. Makes it the principal's express duty to ensure no media fails to comply.

Clarifies that for media materials purchased by a public school unit before this act becoming law, the governing body must use the library advisory committee to investigate and evaluate challenges using the same consideration process in GS 115C-78(d).

Amends Part 4 of Article 7B of Chapter 115C, pertaining to notifications of student physical and mental health, by enacting GS 115C-76.61 to provide for civil remedies for certain violations of the Parents' Bill of Rights and listing the causes of actions that may be brought. Requires exhaustion of all administrative remedies available pursuant to GS Chapter 115C first.