Model "School Library Database Procurement" Act
State Library Agencies provide a variety of educational resources to school libraries and public libraries in many states through state-level contracts for library databases, e-book libraries, and other educational resources. Often, these state library database collections form the core offerings for schools that cannot otherwise afford a locally funded library resource. Likewise, public library collections are sometimes supplemented in certain places by these state-acquired educational library databases and e-book collections.
These school library databases include, but are not limited to, research databases, encyclopedias, e-books and audiobooks, magazines, newspapers, periodicals, and scholarly journals. The offerings are curated and aggregated in age-relevant and topic-specific collections by publishers and IP holders by vendors such as EBSCO, Gale, JSTOR, and ProQuest. These vendors employ professional editors, content experts, and librarians along with their technical staff. Some library databases can be accessed online when authenticated by a defined IP address range, while others require a password or other validation (like a library card number) for use. State libraries likewise employ professional librarians to evaluate further offerings based on grade level, topic, and relevance and to maintain the integrity of the contracts between the state agency and the vendor(s).
In 2021 and 2022, several state legislatures considered legislation that would curtail or limit access to the core collection and make it difficult or even impossible for state libraries, schools and districts, and vendors to administer these databases. Anti-access special interest groups are focusing on school library databases because they claim that these educational resources contain “harmful materials” such as pornography, obscenity, or content about sex and sexuality. The attacks have escalated from attempts to censor or shut off access to content in local school districts to lawsuits against statewide library consortia to proposing and enacting regressive legislation that over-regulates or curtails access for students and their families. This type of legislation should be a wake-up call to the library sector that proactive, affirmative legislation is necessary to safeguard contract terms and conditions, fair and transparent materials reconsideration policies, and a framework that supports state standards and the curriculum.
The EveryLibrary Institute collaborated with Georgetown University Law Center’s Intellectual Property & Information Policy Clinic (“iPIP”) to research and create the "School Library Database Procurement Act" to offer state library associations and other state-level stakeholders viable model legislation. We invite interested state-level stakeholders to review, consider, and adapt this model bill to address particular issues in their states.
Please register on this page to receive an informational packet by email with links to key resources about the 2023 model School Library Database Procurement Act including:
- Full text of the model "School Library Database Procurement Act".
- A memo from the Georgetown iPIP Clinic concerning provisions within the model legislation.
- An "explainer" video and slides from EveryLibrary Institute and Georgetown iPIP Clinic reviewing the framework of the model legislation.
- An October 2022 policy paper, "Weathering the Attacks on State Library Database Contracts", from the EveryLibrary Institute concerning the recent legislative history and legal actions around state school library databases.
During the 2021-2022 legislative season, six bills and one resolution were filed in state legislatures around the country that are intended to limit access to school library databases and other educational materials and resources. Some bills refer to “digital and online library databases,” and others refer to “digital and online library resources.” Many of these bills use similar language, and there is little doubt that more copycat bills will continue to crop up. In every case, there appears to be an assumption or allegation that school library databases contain content that is harmful to minors and that this content is easily found. Common themes across the seven anti-access legislative initiatives include:
- Database vendors must filter and block access to obscene materials.
- Failure to prevent access to harmful materials will lead to a termination of the contract with the vendor.
- Individuals may file civil action if violations occur.
The model "School Library Database Procurement Act" attempts to address negative legislative efforts and litigation by grass-roots activists who claim that libraries and database providers have been intentionally providing children with obscene and pornographic material. The model bill is designed to provide for a fair and honest review process that would allow concerned parents, guardians, and educators to challenge any material in a database perceived to be obscene while allowing database providers an opportunity to demonstrate that the material is not obscene or otherwise cure the potential offense.
Sections in the Model Bill
SECTION 1. Title
SECTION 2. Definitions
SECTION 3. Database Aggregator Contracts
SECTION 4. Material Review Process
SECTION 5. No Private Right of Action
SECTION 6. Severability
SECTION 7. Enactment
As contracting agencies for school and public library databases, state libraries and state education agencies need to anticipate that parents may have legitimate concerns about content and wish to challenge its presence in a database or ask for a professional review of the content while safeguarding the integrity of the digital collection and the rights of the publishers, vendors, and aggregators in the marketplace.
Please register now to receive the full information packet and supporting information about the model School Library Database Procurement Act. Direct questions or comments to John Chrastka, Executive Director, EveryLibrary and the EveryLibrary Institute, [email protected], 312-574-0316.
State Library Agencies provide a variety of educational resources to school libraries and public libraries in many states through state-level contracts for library databases, e-book libraries, and other educational resources. Often, these state library database collections form the core offerings for schools that cannot otherwise afford a locally funded library resource. Likewise, public library collections are sometimes supplemented in certain places by these state-acquired educational library databases and e-book collections.
These school library databases include, but are not limited to, research databases, encyclopedias, e-books and audiobooks, magazines, newspapers, periodicals, and scholarly journals. The offerings are curated and aggregated in age-relevant and topic-specific collections by publishers and IP holders by vendors such as EBSCO, Gale, JSTOR, and ProQuest. These vendors employ professional editors, content experts, and librarians along with their technical staff. Some library databases can be accessed online when authenticated by a defined IP address range, while others require a password or other validation (like a library card number) for use. State libraries likewise employ professional librarians to evaluate further offerings based on grade level, topic, and relevance and to maintain the integrity of the contracts between the state agency and the vendor(s).
In 2021 and 2022, several state legislatures considered legislation that would curtail or limit access to the core collection and make it difficult or even impossible for state libraries, schools and districts, and vendors to administer these databases. Anti-access special interest groups are focusing on school library databases because they claim that these educational resources contain “harmful materials” such as pornography, obscenity, or content about sex and sexuality. The attacks have escalated from attempts to censor or shut off access to content in local school districts to lawsuits against statewide library consortia to proposing and enacting regressive legislation that over-regulates or curtails access for students and their families. This type of legislation should be a wake-up call to the library sector that proactive, affirmative legislation is necessary to safeguard contract terms and conditions, fair and transparent materials reconsideration policies, and a framework that supports state standards and the curriculum.
The EveryLibrary Institute collaborated with Georgetown University Law Center’s Intellectual Property & Information Policy Clinic (“iPIP”) to research and create the "School Library Database Procurement Act" to offer state library associations and other state-level stakeholders viable model legislation. We invite interested state-level stakeholders to review, consider, and adapt this model bill to address particular issues in their states.
Please register on this page to receive an informational packet by email with links to key resources about the 2023 model School Library Database Procurement Act including:
- Full text of the model "School Library Database Procurement Act".
- A memo from the Georgetown iPIP Clinic concerning provisions within the model legislation.
- An "explainer" video and slides from EveryLibrary Institute and Georgetown iPIP Clinic reviewing the framework of the model legislation.
- An October 2022 policy paper, "Weathering the Attacks on State Library Database Contracts", from the EveryLibrary Institute concerning the recent legislative history and legal actions around state school library databases.
During the 2021-2022 legislative season, six bills and one resolution were filed in state legislatures around the country that are intended to limit access to school library databases and other educational materials and resources. Some bills refer to “digital and online library databases,” and others refer to “digital and online library resources.” Many of these bills use similar language, and there is little doubt that more copycat bills will continue to crop up. In every case, there appears to be an assumption or allegation that school library databases contain content that is harmful to minors and that this content is easily found. Common themes across the seven anti-access legislative initiatives include:
- Database vendors must filter and block access to obscene materials.
- Failure to prevent access to harmful materials will lead to a termination of the contract with the vendor.
- Individuals may file civil action if violations occur.
The model "School Library Database Procurement Act" attempts to address negative legislative efforts and litigation by grass-roots activists who claim that libraries and database providers have been intentionally providing children with obscene and pornographic material. The model bill is designed to provide for a fair and honest review process that would allow concerned parents, guardians, and educators to challenge any material in a database perceived to be obscene while allowing database providers an opportunity to demonstrate that the material is not obscene or otherwise cure the potential offense.
Sections in the Model Bill
SECTION 1. Title
SECTION 2. Definitions
SECTION 3. Database Aggregator Contracts
SECTION 4. Material Review Process
SECTION 5. No Private Right of Action
SECTION 6. Severability
SECTION 7. Enactment
As contracting agencies for school and public library databases, state libraries and state education agencies need to anticipate that parents may have legitimate concerns about content and wish to challenge its presence in a database or ask for a professional review of the content while safeguarding the integrity of the digital collection and the rights of the publishers, vendors, and aggregators in the marketplace.
Please register now to receive the full information packet and supporting information about the model School Library Database Procurement Act. Direct questions or comments to John Chrastka, Executive Director, EveryLibrary and the EveryLibrary Institute, [email protected], 312-574-0316.