[Libs-Or] IFC July Tuesday Topic: SB1583 Next Steps

Tue Jul 9 08:00:00 PDT 2024

Hi all,
For July Tuesday Topic, provided to you by the Intellectual Freedom
Committee, we share with you the following: IF Resources
<https://www.olaweb.org/intellectual-freedom-resources>

July 2024

Welcome to Tuesday Topics, a monthly series covering topics with
intellectual freedom implications for libraries of all types. Each message
is prepared by a member of OLA's Intellectual Freedom Committee (IFC) or a
guest writer. Questions can be directed to the author of the topic or to
the IFC.

Disclaimer: All information provided by the IFC is intended for
informational purposes only. This is not to be considered legal advice.
Should you need legal advice, we recommend contacting a practicing attorney
in your jurisdiction.

Senate Bill 1583: Overview

In the most recent Oregon legislative short session, which ran from
February through early March 2024, Senator Frederick proposed Senate Bill
1583
<https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/SB1583?pubDate=2024-02-20-11-25>.
The purposes of this new bill were to reinforce already existing
anti-discrimination laws and tie those concepts to access to learning
materials in schools. Specifically, the bill created the connection between
anti-discrimination laws and our government protected classes and access to
materials that are created by or about individuals who identify as a member
of a protected class. For clarity, the Oregon government protected classes
<https://www.oregon.gov/ode/learning-options/cte/equity/pages/oregon's-protected-classes.aspx>
are race, color, national origin, religion, disability, sex (includes
pregnancy), sexual orientation, gender identity, age, and marital status.

Here is a sample of the language from SB1583
<https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1583>:

To comply with the prohibition on discrimination required by ORS 659.850, a
district school board or a committee or administrator responsible for the
adoption of textbooks or other instructional materials under this section
may not prohibit the use of, or refuse to approve the use of, textbooks or
instructional materials on the basis that the textbooks or instructional
materials include a perspective, study or story of, or are created by, any
individual or group identified in subsection (1) of this section.

A helpful overview
<https://www.opb.org/article/2024/02/14/oregon-bill-aims-to-ban-school-book-bans/>
of the bill’s impact is available via Oregon Public Broadcasting.

Unfortunately, the bill did not pass through the House floor in time for it
to become law. In response, the American Civil Liberties Union of Oregon
issued a press release. The IFC agrees with their sentiments,
<https://www.aclu-or.org/sites/default/files/field_documents/sb_1583_final_press_statement.pdf>including
this:

We create a better world when young people can learn freely. Ending
discriminatory book bans would have validated what we already know to be
true: the histories of Black, Indigenous, brown, and LGBTQ2SIA+ communities
are not illegal, nor are they extracurricular. They are vibrant, valid, and
an important part of our collective knowledge. We are deeply disappointed
that this common-sense bill to fortify the civil rights of young people was
not prioritized before the end of session.

Even though this bill did not become law, all hope is not lost. There are
steps that libraries can take, right now, to continue to support the
concepts emphasized in SB1583.

Senate Bill 1583: Next Steps

As mentioned above, the purpose of the bill was to tie current
anti-discrimination laws to the learning needs of students and access to
information. Oregon does have very clear and very strong anti-discrimination
laws
<https://www.doj.state.or.us/crime-victims/for-grantees/civil-rights-requirements/civil-rights-laws-regulations/>.
However, the connection point between anti-discrimination law and access to
materials can also be met via institutional policies. Here are some options
to consider for next steps:

   1.

   Add an Anti-Discrimination Statement to Your Collection Development
   Policies
   Libraries can (and should) include in their library policies their
   responsibility to comply with state and federal laws. Calling out
   compliance with anti-discrimination laws in library-adopted collection
   development policies strengthens the stance of the library system in
   support of these laws. Here is an example from Beaverton School District,
   with the laws linked at the bottom of the policy
   <https://www.beaverton.k12.or.us/about-us/policies-and-regulations/section-i-instruction/iia-instructional-resourcesinstructional-materials>
   :

To provide instructional materials that are representative of the
contributions of all people, regardless of race, color, religion, gender,
sexual orientation, gender identity, gender expression, national origin,
citizenship, marital status, age, disability, familial status, appearance
or source of income, and to identify, mitigate and/or eliminate culturally
biased materials

An additional option would be to use the exact language from SB1583, quoted
above in the overview section.

   2.

   Add an Anti-Discrimination Statement to Your Request for Reconsideration
   of Library Materials Forms and Policies
   In keeping with the purpose of SB1583, libraries can elect to not
   respond to requests to discriminate against their students and patrons.
   Should the purpose of a materials challenge be to silence the voices of
   those who identify as a government protected class, it is the library’s
   responsibility to protect those stories and to stand up against requests to
   minimize members of our communities. In that, a library can choose not to
   respond to reconsideration requests to discriminate if the submitted form
   clearly states that the challenge is being made because the material was
   created by or is about an individual who identifies as a member of a
   protected class. Here is some sample language from Deschutes Public
   Library’s administrative rule
   <https://deschuteslibrary.org/about/adminrules/1.3.1%20Reconsideration%20of%20Library%20Materials.pdf>
   :

Materials will not be excluded because of the origin, background, or views
of those contributing to their creation. Creators or content by or about
state or federal protected classes – race, color, religion, sex (including
pregnancy, sexual orientation, and/or gender identity), national origin,
age, disability, and genetic information – will be protected in accordance
with state and federal anti‐discrimination laws.

   3.

   Create and Implement a Board-adopted Anti-Discrimination Policy or Tool
   Because there is a chance that a request for discriminatory action may
   not relate to an existing policy or to an official challenge, it is advised
   to have a Board-adopted anti-discrimination policy or toolkit available to
   turn to for guidance. Such policies set an umbrella understanding for the
   library and/or institution for how to respond to discriminatory requests
   and can easily guide responses. A fantastic example
   <https://lincoln.k12.or.us/media/2023/01/AAA-AR-Equity-Lens-Tool-for-Ensuring-Equity-10-11-22.pdf>
   is available from Lincoln County School District.

In closing, though SB1583 did not officially get written into law this past
short session, it did provide some positive next steps for libraries. The
bill created exposure to the environment that school and public libraries
have been experiencing as it relates to requests for discriminatory
actions. It also provided a clear link between these discriminatory
requests and our anti-discrimination laws. Additionally, the bill provided
language that a school or public library could adopt and add to their own
local policies. Finally, SB1583 created a foundation for possible future
bills that would support and protect our school libraries.

-- 
Chair - ifc.chair at olaweb.org
Intellectual Freedom Committee https://www.olaweb.org/if-home
Oregon Library Association https://www.olaweb.org/

Disclaimer: all information provided by the IFC is intended for
informational purposes only.  This is not to be considered legal advice.
Should you need legal advice, we recommend contacting a practicing attorney
in your jurisdiction.
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