Tex. Education Code § 33.027 — TX Code / Code ed / Chapter 33 / Section 33.027
§ 33.027. CHALLENGE OR APPEAL REGARDING LIBRARY MATERIALS; LOCAL SCHOOL LIBRARY ADVISORY COUNCIL RECOMMENDATIONS.
Status: in_force

(a) A parent of or person standing in parental relation to a student enrolled in a school district, a person employed by the district, or a person residing in the district may submit:

(1) to the district a written challenge to any library material in the catalog of a school library in the district using the form adopted under Subsection (e); or

(2) to the district's board of trustees an appeal of an action taken by the district in response to a written challenge received under Subdivision (1).

(b) Not later than the fifth day after the date on which a school district receives a written challenge under Subsection (a)(1), the district shall provide a copy of the challenge to the district's local school library advisory council if the district established a council under Section 33.025. The council shall make a recommendation for action by the district not later than the 90th day after the date on which the council receives the copy.

(c) If the procedures recommended by the local school library advisory council, if applicable, and adopted by the board of trustees permit the appointment of library material review committees that consist of persons who are not members of the council to review library materials challenged under Subsection (a)(1), the council may base the council's recommendation for action to be taken by the district under Subsection (b) on the recommendation of a library material review committee if the committee consists of at least five persons appointed by the board of trustees, a majority of whom are parents of students enrolled in the school district and are not employed by the district. Sections 33.025(g) and (h) apply to a library material review committee authorized by this subsection in the same manner as a local school library advisory council.

(d) The board of trustees shall take action on:

(1) a written challenge submitted under Subsection (a)(1) at the first open meeting of the board held after:

(A) the 90th day after the date on which the school district receives a written challenge under Subsection (a)(1); or

(B) if applicable, the local school library advisory council has made a recommendation under Subsection (b) regarding the challenge; or

(2) an appeal under Subsection (a)(2) at the first open meeting of the board held after the date the appeal is filed.

(e) The agency shall adopt and post on the agency's Internet website a form to be used in making a written challenge under Subsection (a)(1). Each school district shall post the form on the district's Internet website, if the district has an Internet website. The form shall require the person submitting the form to identify how the challenged library material violates the library standards approved under Section 33.021.

(f) In taking action on a written challenge submitted under Subsection (a)(1) or an appeal under Subsection (a)(2), the board of trustees of a school district shall consider:

(1) if applicable, the advice of the district's local school library advisory council; and

(2) whether the library material challenged under Subsection (a)(1) or appealed under Subsection (a)(2) is suitable for the subject and grade level for which the library material is intended, including by considering:

(A) whether the library material adheres to the library standards approved under Section 33.021; and

(B) reviews, if any, of the library material conducted by academic experts specializing in the subject covered by the library material or in the education of students in the subject and grade level for which the library material is intended.

(g) A school district that receives a challenge to a library material under Subsection (a)(1) shall prohibit students enrolled in the district from accessing the library material until the district takes action in response to the challenge.

(h) If a challenge to a library material submitted under Subsection (a)(1) results in the board of trustees, with the recommendation of the local school library advisory council, if applicable, removing the library material from a school library catalog, the board shall notify each teacher assigned as the classroom teacher at the grade level for which the library material was determined to be not appropriate and instruct the teacher to remove any copy of the library material from the teacher's classroom library, if applicable.

(i) If a challenge to a library material submitted under Subsection (a)(1) results in the board of trustees, with the recommendation of the local school library advisory council, if applicable, not removing the library material from a school library catalog, the board is not required to take any action in response to a written challenge of the library material submitted before the second anniversary of the date of the determination to not remove the library material.