This page addresses current and proposed legislation related to school libraries and intellectual freedom in school libraries, and its potential impact on school libraries and librarians. This page will change frequently.

For more updates about current advocacy efforts please visit the PSLA Advocacy website and PA Legislation updates.

SB 230

An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in terms and courses of study, providing for parental control relating to instructional materials and books containing sexually explicit content.

Last Action: Referred to EDUCATION, February 3, 2025 [Senate]

Implications for School Librarians: 

Previous Legislation SB7 in 23/24 Session Actions and Statements:

Senate Education Committee - Public hearing on sexually explicit content in schools, October 17, 2023 [video]

• Education Law Center Testimony

• PSEA Written Testimony

• PSLA Written Testimony

HB 236

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in public indecency, further providing for the offense of obscene and other sexual materials and performances. 

Memo: Removing Obscene Material from Our School Libraries (Prior HB 209, 2023-24)

Prime Sponsor: Representative GLEIM

Last Action: Referred to EDUCATION, January 22, 2025 [House]

Implications for School Librarians: removes school libraries from exemption from prosecution for obscene and other sexual materials or performances.

Board of Education, Island Trees Union Free School District No. 26 v. Pico

https://www.oyez.org/cases/1981/80-2043

First Amendment limits the power of school officials to remove books from school libraries because of their content.

Counts v Cedarville District

https://www.bookweb.org/news/harry-potter-and-order-cedarville-school-board

U.S. District Court for the Western District of Arkansas ruled in 2003 that it is unconstitutional for the school district to require children to receive parental permission when checking out Harry Potter books from the school library

Freedom to Read - Glossary of Legal Terms

https://www.ftrf.org/page/Glossary

Glossary of terms from the Freedom to Read Foundation.

Legal Definition of Obscenity

https://www.freedomforuminstitute.org/about/faq/what-is-the-legal-definition-of-obscenity/

Mission is to foster First Amendment freedoms. Legal definition of obscenity.

Montero v Tempe

https://www.edweek.org/education/schools-cant-ban-books-because-of-complaints-court-says/1998/10?r=2042332599&print=1&mkey=E518BA18-24B6-11E9-90D8-5CEFC819EBCD

The U.S. Court of Appeals for the 9th Circuit decided in 1998 that removing controversial books from the curriculum because of parent complaints would be a violation of students’ First Amendment rights to receive information