Governor Signs “An Act Regarding Free Expression” Affecting the Content of School Libraries

On August 10, 2026, Governor Healey signed S.3241, “An Act Regarding Free Expression.” The Act adds three sections to G.L. c. 71, aimed at protecting the diversity of reading material in school libraries. Under the Act, the school library teacher is charged with selecting reading material that is age appropriate, serves an educational purpose, and is not chosen based on the teacher’s personal, political, or doctrinal view. Included content cannot be removed except by vote of the school committee after a public hearing and a finding by a review committee, based on clear and convincing evidence, that the material as a whole lacks any educational, literary, artistic personal, or social value or is not age appropriate for the school’s students. Challenges to material can only be lodged by school staff, a parent or guardian of a current student, or a current student. 

School districts must establish written policies for the selection of school library materials, the use of library materials and facilities, and how the district will respond to challenges to remove or restrict library materials. School districts must also annually submit a report to the Department of Elementary and Secondary Education on all complaints and challenges seeking to remove educational materials and the outcome of the challenges.  

No employee may be disciplined, discharged, or criminally charged for selecting materials in good faith and in accordance with the District’s written policy.