Arkansas Code of 1987 (2023) › Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) › Chapter 2 - LIBRARIES (§§ 13-2-101 — 13-2-1002) › Subchapter 1 - GENERAL PROVISIONS (§§ 13-2-101 — 13-2-107) › Section 13-2-106 - Establishment of guidelines for selection, relocation, and retention of materials - Definitions

(a)
Each county or municipal library shall have a written policy to establish guidelines for the selection, relocation, and retention of physical materials that are available to the public.
(b)
A county or municipal library shall have a written policy for addressing challenged material that is physically present in the library and available to the public and meets the requirements stated in subsection (c) of this section.
(c)
A written policy adopted by a county or municipal library under subsection (b) of this section shall provide, at a minimum, the following:
(1)
A person affected by the material to be challenged or an employee of the county or municipal library may challenge the appropriateness of material available in the county or municipal library;
(2)
The county or municipal library shall decide if material being challenged shall remain available throughout the challenge process;
(3)
Before a person can file a challenge, the person shall request a meeting with the librarian of the county or municipal library;
(4)
Before a meeting under subdivision (c)(3) of this section occurs, the county or municipal library shall provide a copy of the following to a person who requests a meeting under subdivision (c)(3) of this section:
(A)
The written policy adopted by the county or municipal library under subsection (b) of this section; and
(B)
A form or other method by which a person may request a reconsideration of the appropriateness of the material being challenged;
(5)
After the meeting requested under subdivision (c)(3) of this section occurs, if the person who requested the meeting wants to formally challenge the appropriateness of the material that was the subject of the meeting, the person shall complete and submit the request for reconsideration using the form or other method provided under subdivision (c)(4)(B) of this section to challenge the material that was the subject of the meeting;
(6)
(A)
In conducting a review of material being challenged, the librarian of the county or municipal library shall select a committee of library personnel.
(B)
The librarian or his or her designee shall be a member of the committee and may serve as the chair of the committee established under subdivision (c)(6)(A) of this section.
(C)
The committee members who are not the librarian shall have knowledge appropriate for the material being challenged and be representative of diverse viewpoints;
(7)
(A)
The committee established under subdivision (c)(6)(A) of this section shall determine if the material being challenged meets the criteria of selection.
(B)
Material being challenged:
(i)
Shall not be withdrawn solely for the viewpoints expressed within the material; and
(ii)
Shall be reviewed in its entirety and shall not have selected portions taken out of context;
(8)
The county or municipal library shall convene a meeting of the committee established under subdivision (c)(6)(A) of this section after allowing a reasonable time for the committee members to adequately review the material being challenged and the request submitted under subdivision (c)(5) of this section by the person challenging the appropriateness of the material;
(9)
The committee established under subdivision (c)(6)(A) of this section shall allow the person who submitted the request under subdivision (c)(5) of this section to present his or her request to the committee;
(10)
After hearing from the person who submitted the request under subdivision (c)(5) of this section, the committee established under subdivision (c)(6)(A) of this section shall meet to discuss the material being challenged;
(11)
(A)
The committee established under subdivision (c)(6)(A) of this section shall vote to determine whether the material being challenged shall be relocated within the library's collection to an area that is not accessible to minors under eighteen (18) years of age.
(B)
A member of the committee established under subdivision (c)(6)(A) of this section who votes with the majority under subdivision (c)(11)(A) of this section shall write a summary of the reasons for the majority's decision.
(C)
Notice of the committee's decision under subdivision (c)(11)(A) of this section and the summary prepared under subdivision (c)(11)(B) of this section shall be given by hand or by certified mail to the person who submitted the request under subdivision (c)(5) of this section;
(12)
(A)
If the committee established under subdivision (c)(6)(A) of this section decides not to relocate the material being challenged, the person who submitted the request under subdivision (c)(5) of this section may appeal the committee's decision to the governing body of the county or city by filing a written appeal to the executive head of the governing body of the county or city within five (5) working days of the committee's decision or written receipt of the committee's decision.
(B)
(i)
If a person appeals the decision of a committee under this subdivision (c)(12), the executive head of the county or city shall present the material being challenged, the request submitted by the person under subdivision (c)(5) of this section, the committee's decision under subdivision (c)(11)(A) of this section, and the summary prepared under subdivision (c)(11)(B) of this section to the governing body of the county or city within fifteen (15) days of the committee's decision.
(ii)
In addition to the information required to be provided under subdivision (c)(12)(B)(i) of this section, the executive head of the county or city may also include his or her recommendation regarding the appeal submitted under this subdivision (c)(12).
(C)
(i)
The members of the governing body of the county or city shall review the information submitted to them under this subdivision (c)(12) and shall make a decision on the appeal within thirty (30) days of receiving the information.
(ii)
The decision of the governing body of the county or city under subdivision (c)(12)(C)(i) of this section is final; and
(13)
A meeting held regarding a challenge or an appeal submitted under a written policy adopted by a county or city library under subsection (b) of this section shall be a public meeting and the records submitted and considered at a meeting shall be public records under the Freedom of Information Act of 1967, §
25-19-101
et seq.
(d)
As used in this section:
(1)
"Executive head of the county or city" means:
(A)
For a county library, the executive head of the county;
(B)
For a city library, the executive head of the city; and
(C)
For a library that is funded by both a county and a city, the executive head of the county or city that provides the majority of the funding for the library; and
(2)
"Governing body of the county or city" means:
(A)
For a county library, the county;
(B)
For a city library, the city; and
(C)
For a library that is funded by both a county and a city, the county or city that provides the majority of the funding for the library.
Added by Act 2023, No. 372,§ 5, eff. 8/1/2023.