‘Freedom to Read Act’ clears Assembly Education Committee

NEW JERSEY – The Assembly Education Committee this week advanced Bill A3446. More commonly known as the “Freedom to Read Act,” this legislation would protect the rights of students, parents, and communities and ensure free access to age-appropriate books and learning materials at schools and public libraries.

The bill, sponsored by Assemblywomen Mitchelle Drulis and Shavonda E. Sumter and Assemblyman Herb Conaway, also protects library media specialists and librarians from harassment.

“School libraries and public libraries are centers for voluntary inquiry, playing a unique role in promoting intellectual freedom, providing equitable access to learning resources, and promoting democracy,” said Drulis (D-Somerset, Mercer, Middlesex, Hunterdon). “This bill does not remove parental rights; instead, it provides a structured, transparent process for parents to challenge materials they may find inappropriate. Parents will continue to have the right to decide what their own child reads, but one parent should not have the ability to solely determine what another parents’ child can read.”

Bill A3446 would require local school boards and governing bodies of public libraries to establish policies for curation of library materials, with support from the Department of Education, the State Librarian, the NJ Association of School Librarians, and the NJ School Boards Association.

Libraries play a unique role in promoting intellectual freedom, providing equitable access to learning resources, and promoting democracy by providing services to all regardless of race, ethnicity, creed, age, ability, gender, or socio-economic status.

“Access to diverse literary resources is essential to shaping an individual’s intellectuality and cultural competency,” said Sumter (D-Bergen, Passaic). “We must safeguard this right and not hinder equitable access to diverse perspectives. These rights don’t stop at the school door or at the entrance to the public library. We cannot – must not – hinder equitable access to literary resources.”

The bill would also require boards of education and governing boards of public libraries to include diverse and inclusive materials within their respective libraries. The bill defines “diverse and inclusive materials” as any material that reflects any protected class as defined in the Law Against Discrimination (LAD).

The bill would provide for a fair system of review for any concerned parent or community member to seek the review or removal of materials from a library. However, it would also protect librarians from legal action if they engaged in good faith actions to provide services.

“Today, we are taking significant steps to ensure that our school libraries remain a stronghold of knowledge and intellectual diversity, reflecting a commitment to protecting the rights of students to access a broad range of ideas while respecting their developmental needs,” said Conaway (D-Burlington). “By implementing a thorough review process we fortify our educational system against the suppression of certain viewpoints while simultaneously providing safeguards for librarians and educators acting in good faith.”

“This bill ensures that every New Jersey resident will continue to have the freedom to read, both for education and entertainment,” said Brett Bonfield, Executive Director of the New Jersey Library Association (NJLA). “This freedom is supported by the Bill of Rights, decades of precedent, and the robust libraries that serve K-12 schools, colleges and universities, and New Jersey communities. NJLA will continue to work with the bill’s sponsors to ensure that it meets its goal of protecting the fundamental American right to access books and other information for every New Jersey resident.

“Books are a child’s passport to a better world,” said New Jersey Education Association (NJEA) President Sean M. Spiller. “As educators, we want to help our students see further and dream bigger. That’s why we push back when we see people trying to narrow those horizons by dictating what other people’s children can and cannot read. And it is why we support legislation that protects New Jersey students, school librarians, teachers and other educators — and our American democracy! — from the harm done by censorship and book banning.”

“School librarians are the professionals who are certified and trained in collection development. They order materials based on professional reviews, and they ensure that the collection is current, appealing, supports New Jersey Student Learning Standards and New Jersey mandates, as well as provides topics of personal interest to their school community,” said Beth Raff, President of the New Jersey Association of School Libraries. “School librarians in NJ have been targeted and harassed for doing their job, and this bill provides protections by requiring book challenge policies.”

“As RuPaul said during the Emmy Awards earlier this year: ‘Knowledge is power — and if someone tries to restrict your access to power, they are trying to scare you,’” said Garden State Equality Director of Advocacy and Organizing Lauren Albrecht. “With books, libraries, and librarians under attack around the country — many because they tell the stories of LGBTQ+ people and communities of color — now is the time to act. We must protect some of the Garden State’s greatest public resources, and we can do that by passing the Freedom to Read Act.”