(1) Except as set forth in subsection (2) of this section, a publicly supported library shall not disclose any record or other information that identifies a person as having requested or obtained specific materials or service or as otherwise having used the library.
(2) Records may be disclosed in the following instances:
(a) When necessary for the reasonable operation of the library;
(b) Upon written consent of the user;
(c) Pursuant to subpoena, upon court order, or where otherwise required by law;
(d) To a custodial parent or legal guardian who has access to a minor's library card or its authorization number for the purpose of accessing by electronic means library records of the minor.
(3) Any library official, employee, or volunteer who discloses information in violation of this section commits a civil infraction and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars.
(4) A written request for reconsideration of a library resource made at a public library pursuant to section 24-90-122 (3) is not a library user record as described in subsection (1) of this section.
Source: L. 83: Entire section added, p. 1023, � 1, effective March 22. L. 2003: (1) and (3) amended and (2)(d) added, p. 2463, �� 17, 18, effective August 15. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3231, � 439, effective March 1, 2022. L. 2024: (4) added, (SB 24-216), ch. 307, p. 2075, � 3, effective May 31.
Cross references: For the legislative declaration in SB 24-216, see section 1 of chapter 307, Session Laws of Colorado 2024.
24-90-120. Colorado imagination library program - creation - request for proposal - state librarian duties - report - legislative declaration - definitions. (Repealed)
Source: L. 2020: Entire section added, (SB 20-185), ch. 261, p. 1258, � 2, effective September 14. L. 2021: IP(2), (2)(c), and (4)(a) amended and (2)(e), (2)(f), and (6) added, (SB 21-268), ch. 222, p. 1184, � 22, effective June 11. L. 2022: (4)(a) and (6)(c) amended, (HB 22-1390), ch. 237, p. 1751, � 19, effective May 26. L. 2023: (6)(c) amended, (SB 23-287), ch. 189, p. 935, � 21, effective May 15. L. 2024: Entire section repealed, (HB 24-1205), ch. 6, p. 16, � 2, effective February 27.
Editor's note: This section was relocated to � 26.5-1-115 in 2024. For a detailed comparison of this section see the comparative tables located in the back of the index.
24-90-121. Public libraries - science of reading - training - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Director means the director of a board of trustees employed by the board of trustees pursuant to section 24-90-109 (1)(c).
(b) Evidence-based training in the science of reading or training means training that:
(I) Is based on reliable, trustworthy, and valid evidence;
(II) Includes explanation and instruction in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, including oral skills, and reading comprehension; and
(III) Is included on the advisory list of rigorous professional development programs created and maintained by the department of education pursuant to section 22-7-1209 (2)(c).
(2) (a) The director of each public library is encouraged to work with the department of education to provide evidence-based training in the science of reading for each librarian who works with children enrolled in preschool, kindergarten, or early elementary grades. In addition, the director is encouraged to identify and provide in the library materials and activities for parents and children to improve literacy, which materials and activities are appropriate for preschool, kindergarten through second grade, and third through sixth grade and are designed to improve reading competency in the areas of phonemic awareness; phonics; vocabulary development; reading fluency, including oral skills; and reading comprehension.
(b) At the request of a director, the department of education shall provide, at no cost to the public library, evidence-based training in the science of reading to one or more librarians who are employed by the public library. The department may provide the training in-person or online and may provide the same training for librarians that it provides for teachers pursuant to section 22-7-1208 (6)(c).
(3) The director of each public library may prepare a plan describing how the director and the librarians employed at the library will work with children and their parents to support literacy using materials, activities, and strategies that are supported by the science of reading. The director is encouraged to submit the plan to the state librarian by July 1, 2024.
Source: L. 2022: Entire section added, (SB 22-004), ch. 280, p. 2021, � 5, effective August 10.
24-90-122. Public libraries - standards for acquisition - retention - display - utilization - reconsideration of library resources - use of library facilities - employee protections - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Library resource means material, both print and non-print, found in a public library that supports curricular or personal information needs. Print items include books, magazines, newspapers, pamphlets, microfiche, or microfilm. Non-print items include films, disc records, filmstrips, slides, prints, audiotapes, videotapes, compact discs, computer software, library programs, and exhibits.
(b) Public library means a public library as defined in section 24-90-103 (13) that is established, operated, or maintained pursuant to this part 1.
(2) Standards. In addition to the powers and duties specified in section 24-90-109, a board of trustees of a public library shall establish written policies for the acquisition, retention, display, and use of library resources and for the use of a public library facility. In addition, the board of trustees of a public library that reconsiders library resources as specified in subsection (3) of this section shall establish a written policy for the reconsideration of a library resource. The board of trustees shall establish policies as required by this subsection (2) that, at a minimum, comply with the following standards:
(a) A public library serves as a center for voluntary inquiry and the dissemination of information and ideas;
(b) The public has the right to access a range of social, political, aesthetic, moral, and other ideas and experiences through a public library;
(c) Each library resource is provided for the interest, information, and enlightenment of the community and should present diverse points of view in the collection as a whole;
(d) A public library shall not exclude a library resource because of the ethnic origin, ethnic background, or gender identity of those contributing to the creation of the library resource or because of the topic addressed by the library resource or the opinions expressed in the library resource;
(e) A public library shall not proscribe or prohibit the circulation or procurement of a library resource because of partisan or doctrinal disapproval of the library resource;
(f) It is the responsibility of a public library to challenge censorship in the fulfillment of its responsibility to provide information and enlightenment;
(g) A public library shall consider the perspectives of marginalized groups, including those identified in section 22-1-104 (1)(a);
(h) For a public library that provides facilities to the public, the library shall make the facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use; and
(i) A public library shall prohibit discrimination based on age, background, political or religious views, origin, disability, race, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry in the selection, retention, display, use, or reconsideration of library resources and public meeting spaces.
(3) Reconsideration of library resources. (a) (I) Except as otherwise provided in subsection (3)(a)(II) of this section, a public library may remove a library resource from its permanent collection only if the library resource has been reviewed in accordance with an established policy for the reconsideration of library resources that complies with the requirements of subsection (2) of this section. A public library that has not established a policy for the reconsideration of library resources or that has a policy for the reconsideration of library resources that does not comply with the requirements of subsection (2) of this section may not remove a library resource from its permanent collection.
(II) The provisions of subsection (3)(a)(I) of this section do not apply to routine collection maintenance and deaccession in accordance with a public library's established collection development and maintenance policy.
(b) The board of trustees of a public library that has established a policy for the reconsideration of library resources that complies with the requirements of subsection (2) of this section and that reconsiders library resources in accordance with that policy shall make its reconsideration policy available to the public on its website.
(c) To make a request for reconsideration of a library resource, the individual making the request must reside in the legal service area for the library in which the request is made.
(d) A public library shall not reconsider the same library resource more than once every two years; except that a public library's established policy for the reconsideration of a library resource may specify a period longer than two years during which the public library will not reconsider the same library resource.
(e) (I) Once a final determination has been made for a library resource that is the subject of a request for reconsideration, the board of trustees shall make the determination and how it comports with the provisions of subsection (2) of this section available to the public.
(II) A public library shall not remove, discontinue, or restrict a library resource as the result of a request for reconsideration until the determination regarding the library resource has been made available to the public pursuant to subsection (3)(e)(I) of this section.
(f) A written request for reconsideration of a library resource is not a library user record as described in section 24-90-119 (1). A written request for reconsideration of a library resource is an open record under the Colorado Open Records Act, part 2 of article 72 of this title 24.
(4) Retaliation against library employees prohibited. An individual who is a librarian, media specialist, other employee, contractor, or volunteer at a public library shall not be subject to termination, demotion, discipline, or retaliation for refusing to remove a library resource before it has been reviewed in accordance with the public library's policy for the reconsideration of library resources or for making displays, acquisitions, or programming decisions that the librarian, media specialist, other employee, contractor, or volunteer believes, in good faith, are in accordance with the standards specified in subsection (2) of this section.
Source: L. 2024: Entire section added, (SB 24-216), ch. 307, p. 2073, � 2, effective May 31.
Cross references: For the legislative declaration in SB 24-216, see section 1 of chapter 307, Session Laws of Colorado 2024.