DelawareHB 119153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLES 9, 14, AND 29 OF THE DELAWARE CODE RELATING TO LIBRARIES.

Sponsored By: Krista Griffith (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 1 costs, 0 mixed.

Library challenge records become public

Public and school library records about objections, reviews, removals, appeals, and appeal decisions are public records. This includes the reasons for removing materials. The law makes these records public despite contrary provisions in Delaware’s public-records definition.

Public libraries must protect material access

Delaware public libraries receiving state, county, or municipal funding must follow written rules for choosing and reviewing materials. They cannot exclude materials solely because of creators’ origins, backgrounds, or views, or partisan, ideological, or religious disapproval. Challenged materials stay available until review and appeals end. These public-library rules exclude school and college libraries. The Division of Libraries and Library Consortium must create model policies for both public and school libraries. Libraries contracting with the Division must also meet approved operating standards; the Division publishes disposal guidelines for state-funded materials.

State review for library removal appeals

The Division of Libraries can set public-library appeal rules, with the State Librarian making the final removal decision. Public-library appeals may include the Library Consortium’s Public Libraries Policy Steering Committee or the Council on Libraries. After a school review, an appeal goes to the local education agency board, which must decide within 30 days. Eligible students, parents, guardians, and school staff can appeal even if they were not involved in the original case. A further appeal goes to the new School Library Review Committee; its final decision applies only to that school library. The State Librarian or a designee chairs the committee, and the Department of Education provides staff support. Members represent the School Chiefs’ Association, Department of Education, Delaware State Education Association, and Delaware Association of School Administrators. The Delaware Association of School Librarians and Delaware Library Association also have representatives.

Library workers gain protection from retaliation

Public library boards cannot fire, discipline, demote, transfer, or otherwise punish employees or contractors for following state principles or library policies. Local education agencies cannot retaliate against librarians, certified library media specialists, or agency employees for duties performed under those principles or policies. Libraries run or controlled by county library agencies must follow the required written collection policy and protect employees and contractors. These protections do not set pay or provide direct payments.

School libraries must protect student access

Local education agencies must follow state principles and set uniform rules for reviewing school library objections. Materials cannot be excluded, removed, or banned solely because of creators’ origins, backgrounds, or views, or political or religious disapproval. Challenged materials stay available during review, and reviews must finish within a reasonable timeline. These rules cover agency-controlled school libraries, not classroom collections that teachers donate or acquire.

New limits on library material objections

Only residents, business owners, or property owners in a public library’s service area can object to its materials. Each person can have only one active objection. Another objection must wait until the first review and all appeals end. School library objections are limited to students enrolled at that school, their parents or guardians, and staff employed there.

Sponsors & Cosponsors

Sponsor

Krista Griffith
Democratic • House

Cosponsors

Stephanie T. Bolden
Democratic • House
William Bush
Democratic • House
Daniel Cruce
Democratic • Senate
Mara Gorman
Democratic • House
Debra Heffernan
Democratic • House
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Kendra Johnson
Democratic • House
Kamela T Smith
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Melissa Minor-Brown
Democratic • House
Eric Morrison
Democratic • House
DeShanna U Neal
Democratic • House
Marie Pinkney
Democratic • Senate
Cyndie Romer
Democratic • House
Melanie Ross Levin
Democratic • House
Claire Snyder-Hall
Democratic • House
David P. Sokola
Democratic • Senate
Laura V. Sturgeon
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 41 • No: 16

Senate vote • 6/30/2025

Passed (SM required)

Yes: 14 • No: 6

House vote • 5/22/2025