Delaware sets review rules for public and school library materials

Public libraries must adopt and follow written rules for choosing materials and reviewing requests to remove them. This covers libraries open to the public that receive state, county, or municipal funding, including privately incorporated public libraries and county libraries. It excludes school, college, and Department of Correction libraries. The rules must follow state principles and provide a way to request removal. Materials under review must stay available until the review ends. Only residents, business or property owners in the area served, or taxpayers of a library district that funds the library may object; each person may have only one objection under review at a time. These rules do not override state laws about certain unlawful materials. Materials under review must remain available until the review process ends.

Local education agencies must set up a process to review objections to school library materials. This covers school libraries run by local education agencies, including public school districts, juvenile correctional facilities, vocational-technical districts, and charter schools. It does not cover classroom libraries. Students, their parents or guardians, and school personnel at the school holding the material may object. Materials under review must stay available, and the agency must set a reasonable timeline. These rules do not override state laws about certain unlawful materials. The agency must set a reasonable timeline for review. Its board must decide an appeal within 30 days; a further appeal may go to the School Library Review Committee.

Libraries and education agencies may not retaliate against covered workers for following the stated library principles and policies. This applies to the governing body or agency responsible for the covered library or school system. The protection covers employees and contractors of public libraries, and librarians, certified library media specialists, and local education agency employees in school libraries. The worker's actions must follow the stated principles or policies.

Records about library material objections, removals, reviews, and appeals are public records. This covers records held by public and school libraries about material objections and decisions. The records include reasons for removing material, if material is removed.