DENVER | Colorado lawmakers on the Senate Education Committee voted against a bill that would have made it harder to remove content from a school or public library.
Senate Bill 49 had undergone numerous changes after concerns from Colorado school districts that the bill was too prescriptive and would trample on their ability to make policy decisions that are unique to their community.
State Sen. Lisa Cutter, a Jefferson County Democrat and co-sponsor of the bill, held off on asking for a vote on the bill on Monday to introduce amendments after a three-hour committee hearing.
But on Wednesday, the Senate Education Committee voted against the bill with a 5-2 vote, after voting 4-3 against the amendment to the proposal.
Cutter said after the hearing she thought changes she made were enough to get the bill approved.
“We’ve made a lot of accommodations and, honestly, I am not 100% sure why it didn’t pass,” she said.
The most significant pushback came from the Colorado Association of School Boards, which represents over 1,000 school board members across the state. But Cutter said the amendments were enough for the association to drop its opposition.
During testimony, Hilary Daniels, the association’s staff attorney, said the original bill interfered with Colorado’s local control provision, which allows boards to tailor educational policy to meet the needs of their community.
The law also would have been redundant, she said.
“Local boards of education are fully aware of First Amendment constitutional law, which prohibits them from removing school library books for partisan or discriminatory reasons,” she said. “These legal parameters are already included in CASB (Colorado Association of School Boards) sample policy regarding public complaints about instructional materials, which districts use to inform their own policies.”
School board members from across the state who represent the association said many schools have already created their own policies that address pieces of the legislation, including who can and cannot challenge a book. Those policies help protect content and staff, they said.
Cutter and other lawmakers worked through those concerns on Tuesday, and the amended bill brought forward on Wednesday said schools and libraries shall create a process — if they do not already have one — that addresses pulling a book or other library material, such as films, audiotapes, or computer software.
The bill would have also created protections for librarians, school administrators, and volunteers. Under the bill, only residents who live within a library district or have children within a school would have been able to request the removal of a book.
Content also wouldn’t have been able to be reconsidered for removal more than once every five years.
“I’m actually particularly disappointed that we didn’t at least consider the portion that had to do with public libraries,” Cutter said. “I would have liked to have at least addressed that.”
Librarians and other advocacy groups such as the ACLU of Colorado and the Colorado Association of Libraries testified that the proposal would have protected content and librarians.
From January to August 2023, Colorado libraries heard eight challenges of 136 titles, according to the American Libraries Association. Book bans also surged across the nation during the same time period, and other states have passed laws prohibiting bans.
The most sweeping challenges have come from a handful of conservative organizations.
Colorado Education Association President Amie Baca-Oehlert said most of the books challenged were written by or about a person of color or a member of the LGBTQ+ community.
“This political tactic has dire consequences for children, who research shows greatly benefit from seeing people like themselves in books and in their classrooms,” she said.
Cutter said she will explore whether she can reintroduce the bill and “see if we can figure out what the issues were.”
This story was originally published by Chalkbeat. Sign up for their newsletters at ckbe.at/newsletters. Jason Gonzales is a reporter covering higher education and the Colorado legislature. Chalkbeat Colorado partners with Open Campus on higher education coverage. Contact Jason at jgonzales@chalkbeat.org. Chalkbeat is a nonprofit news site covering educational change in public schools.
So glad to hear this was killed. More big government oversight over local communities is not needed. Need to get common sense materials back in schools though.
yeah, “Local boards of education are fully aware of First Amendment constitutional law, which prohibits them from removing school library books for partisan or discriminatory reasons,”
Which doesn’t seem to work, does it?
We do not live in a theocracy and yet:
The most sweeping challenges have come from a handful of conservative organizations.
Colorado Education Association President Amie Baca-Oehlert said most of the books challenged were written by or about a person of color or a member of the LGBTQ+ community.
“Colorado Education Association President Amie Baca-Oehlert said most of the books challenged were written by or about a person of color or a member of the LGBTQ+ community.”
Curious. I’ve seen this said a lot as a way to make people who may be concerned with certain books being available to minors in public schools seem like bigoted people somehow. Does a book falling under these categories automatically exempt them from being pornographic or inappropriate for minors or untouchable from scrutiny somehow?
It is crucial to distinguish between age-appropriate content and banned books.
Let’s clarify: advocating for age-appropriate content isn’t about censorship or “book banning”. It’s about protecting the tender hearts and minds of our children. It’s recognizing that parents and caregivers have a fundamental right and responsibility to guide their children’s reading choices based on maturity levels and family values. Age-appropriate content ensures that children are exposed to material that aligns with their cognitive and emotional development, fostering healthy growth and understanding.
Banned books, on the other hand, represent barriers to understanding. They obscure the path to critical thinking, attempting to shape compelled speech and thought. Moreover, banned books would be illegal and inaccessible for borrowing or purchase.
In my role as the Executive Director of the Colorado Parent Advocacy Network (CPAN), I stand as a voice for thousands of Coloradans who believe it is essential to uphold the principles of freedom of expression and access to information while also recognizing the need for age-appropriate content and parental involvement in children’s reading choices.
Ultimately, fostering open dialogue and collaboration between parents, educators, and community members is key to addressing concerns about literature in school libraries in a constructive manner. It’s essential to respect diverse viewpoints and values while also prioritizing the well-being and education of children.
Age-appropriate does not mean banned.
The Sentinel when leaving a comment, “Your comment is awaiting moderation.”
Then, the comment disappears. HMMMMMMM…..
Guess, my thoughts are “banned” here. Guess I will have our team do an exposé so The Sentinel is held accountable for their banning of diverse thoughts, viewpoints and ideas.
Leaving comment.
I am leaving comment.