House committee substitute to the 1st edition makes the following changes.

Section 1.

Removes “materials” from the State Board of Education’s (Board) requirement to maintain and annually update a publicly available database of all library media rejected by public school units.

Section 2.

Makes technical, clarifying, and conforming changes to GS 115C-78. Changes definition of library media so that is means any media 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 held in a formal school library or in a classroom (was, electronic, print, or non-print resources, as described). Defines media to mean any electronic, print, or non-print resources, including those described. Defines school library to include any location within a school that contains library media. Removes terms harmful to minors and material.

Requires removal of library media within one year that no longer meets the Board’s criteria for removal (previously, no timeframe for removal). Now requires the community library advisory committee (CLAC) to identify library media to recommended for the addition to a school library (was, superintendent must delegate that responsibility to the CLAC). Removes criteria that: (1) prospective library media not contain material that is harmful to minors; (2) for nonfiction resources, incorporates accurate and authentic factual content from authoritative sources; and (3) fiction, graphic novels, and narrative nonfiction (including memoirs and biographies) can only be added for literary or artistic value. Changes the deadline for the governing body of the local public school unit to consider CLAC’s recommended library media from ninety days to sixty days. Expands the categories of individuals that the public school unit should include in its instructions on how to object to the approval of the library media to include a parent, teacher, or resident of the county in which the public school unit is located (was, parent, guardian or resident of the county). Removes requirement that the objection must include information on how the submission fails to meet the criteria. Specifies that the provisions requiring review of library media by CLAC upon receipt of 10 letters of objection as specified also apply to library media that has been approved and included in a school library.  

Now authorizes the superintendent to select the SLAC members of each public school unit. Removes Board’s requirement to establish guidelines to be followed by CLAC’s. Now requires the CLAC (was, principal) to review the media to be made available at school book fairs. Changes the report deadline for the report to the Board on rejected library materials from the conclusion of each year to June 30.

Makes technical, conforming, and organizational changes.

Creates in new GS 115C-78.5 a civil action for violations of new Part 7 to Article 7B of Chapter 115C (which includes GS 115C-78) to authorize a parent, legal guardian, or resident of the county in which the public school unit is located to bring a cause of action against the public school unit for a variety of relief, include statutory damages of $5,000 per violation and reasonable attorneys’ fees and costs. Requires a plaintiff to first exhaust their administrative remedies before bringing suit.  Specifies that for library media which was purchased by a public school unit prior to this act becoming law, the governing body of the public school unit must use the CLAC to investigate and evaluate challenges using the same procedure in GS 115C-78.

Section 3.

Exempts library media and library books from GS 115C-98 (requiring local boards of education to provide for local operation of the textbook program, the selection and procurement of other instructional materials, and the use of nonadopted textbooks).

Makes conforming changes to act’s long title.