Arkansas Code - Public School Library Media and Technology Act (updated March 2023)
2020 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary And Secondary Education Generally
Chapter 25 - Public School Library Media and Technology Act
6-25-101. Legislative intent.
(a) It is the intent of the General Assembly to articulate the functions served by each of the components of a school library media services program.
(b) The General Assembly is committed to the development and improvement of strong library media programs in all schools.
(c) It is the intent of the General Assembly that library media specialists be given time to fulfill their responsibilities under this subchapter.
6-25-102. Title.
This subchapter shall be known and may be cited as the "Public School Library Media and Technology Act".
6-25-103. Library media services program.
(a) A "library media services program" means a program of information and media services in schools delivered by a library media specialist whose job includes duties as:
(1) An information specialist whose primary job function is to:
(A) Provide resources available to patrons through a systematically developed collection within the school and through access to resources outside the
school;
(B) Provide assistance to patrons in identifying, locating, and interpreting information housed in and outside the library media center;
(C) Provide learning opportunities related to new technologies, use, and production of a variety of media formats; and
(D) (i) Provide instruction in the use of the library media center.
(ii) Elementary class sessions for a library media specialist shall be limited as provided under subdivision(b)(1) of this section;
(2) An instructional consultant whose primary job function is to:
(A) Participate in building district, department, and grade-level curriculum development and assessment projects;
(B) Provide professional development in new and emerging technologies, use of appropriate technologies, incorporation of technology into the
instructional program, and in the laws and policies pertaining to the use and communication of ideas and information, including copyright law; and
(C) Keep patrons informed of new acquisitions of software and hardware and instruct patrons in their optimal use; and
(3) A teacher of information and technology skills whose primary job function is to:
(A) Provide assistance in the use of technology to access information and networks that will enhance access to resources;
(B) Develop and implement a plan that ensures that skills are taught in a logical sequence for kindergarten through grade twelve (K-12);
(C) Provide expertise and instruction in the use of electronic retrieval systems such as electronic card catalogues and computer-generated
bibliographies; and
(D) Provide instruction in the use of the library media center.
(b) (1) No less than one-third (1/3) of the library media specialist's time shall be spent as an
information specialist, allowing time for administrative tasks such as ordering books and materials, processing items for usage, planning finances and accountability, organizing, directing, and evaluating the library media program, and other management duties.
(2) Class size shall be as set forth in the Standards for Accreditation of Arkansas Public Schools and School Districts.
6-25-104. Library media specialist.
(a) (1) Only trained and certified library media services program personnel shall be assigned
to carry out duties of the library media specialist.
(2) Library media clerks may carry out clerical duties supervised by the library media specialist.
(b) Duties that interfere with library media center responsibilities may not be assigned outside the library media center for the library media specialist.
(c) Equipment and personnel shall be available for the developmentally appropriate production of a wide range of media for students and faculty.
6-25-105. Establishment of guidelines for selection, relocation, and retention of materials.
(a) Media centers shall have written policies to establish guidelines for the selection, relocation, and retention of physical materials that are available to the public.
(b) The school district 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 school district under subsection (b) of this section shall provide, at a minimum, the following:
(1) A parent or guardian of a student affected by the material to be challenged or an employee of the school district may challenge the appropriateness of
material available in the school district's media center;
(2) The school district 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 conference through the principal's office with a licensed media center employee;
(4) Before a conference under subdivision (c)(3) of this section occurs, the school district shall provide a copy of the following to a person who requests a
conference under subdivision (c)(3) of this section:
(A) The written policy adopted by a school district 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 conference requested under subdivision (c)(3) of this section occurs, if the person who requested the conference wants to formally challenge
the appropriateness of the material that was the subject of the conference, 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 conference;
(6) (A) In conducting a review of material being challenged, the principal of the
school district shall select a committee of licensed personnel.
(B) The principal 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) At least one (1) member of the committee established under subdivision (c)(6)(A) of this section shall be a media specialist.
(D) The committee members who are not the principal or a media specialist shall be licensed personnel with curriculum 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 school district 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 media center'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 board of directors for the school district by filing a written appeal to the superintendent 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 superintendent 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 board of directors 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 superintendent may also include the administration's recommendation regarding the appeal submitted under this subdivision (c)(12).
(C) (i) The members of the board of directors 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 a board of directors 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 school district 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.
6-25-106. Provision of resources.
The school media collection should provide resources that contribute to lifelong learning while accommodating a wide range of differences in instructional methods, interest, and capabilities.
2020 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary And Secondary Education Generally
Chapter 25 - Public School Library Media and Technology Act
6-25-101. Legislative intent.
(a) It is the intent of the General Assembly to articulate the functions served by each of the components of a school library media services program.
(b) The General Assembly is committed to the development and improvement of strong library media programs in all schools.
(c) It is the intent of the General Assembly that library media specialists be given time to fulfill their responsibilities under this subchapter.
6-25-102. Title.
This subchapter shall be known and may be cited as the "Public School Library Media and Technology Act".
6-25-103. Library media services program.
(a) A "library media services program" means a program of information and media services in schools delivered by a library media specialist whose job includes duties as:
(1) An information specialist whose primary job function is to:
(A) Provide resources available to patrons through a systematically developed collection within the school and through access to resources outside the
school;
(B) Provide assistance to patrons in identifying, locating, and interpreting information housed in and outside the library media center;
(C) Provide learning opportunities related to new technologies, use, and production of a variety of media formats; and
(D) (i) Provide instruction in the use of the library media center.
(ii) Elementary class sessions for a library media specialist shall be limited as provided under subdivision(b)(1) of this section;
(2) An instructional consultant whose primary job function is to:
(A) Participate in building district, department, and grade-level curriculum development and assessment projects;
(B) Provide professional development in new and emerging technologies, use of appropriate technologies, incorporation of technology into the
instructional program, and in the laws and policies pertaining to the use and communication of ideas and information, including copyright law; and
(C) Keep patrons informed of new acquisitions of software and hardware and instruct patrons in their optimal use; and
(3) A teacher of information and technology skills whose primary job function is to:
(A) Provide assistance in the use of technology to access information and networks that will enhance access to resources;
(B) Develop and implement a plan that ensures that skills are taught in a logical sequence for kindergarten through grade twelve (K-12);
(C) Provide expertise and instruction in the use of electronic retrieval systems such as electronic card catalogues and computer-generated
bibliographies; and
(D) Provide instruction in the use of the library media center.
(b) (1) No less than one-third (1/3) of the library media specialist's time shall be spent as an
information specialist, allowing time for administrative tasks such as ordering books and materials, processing items for usage, planning finances and accountability, organizing, directing, and evaluating the library media program, and other management duties.
(2) Class size shall be as set forth in the Standards for Accreditation of Arkansas Public Schools and School Districts.
6-25-104. Library media specialist.
(a) (1) Only trained and certified library media services program personnel shall be assigned
to carry out duties of the library media specialist.
(2) Library media clerks may carry out clerical duties supervised by the library media specialist.
(b) Duties that interfere with library media center responsibilities may not be assigned outside the library media center for the library media specialist.
(c) Equipment and personnel shall be available for the developmentally appropriate production of a wide range of media for students and faculty.
6-25-105. Establishment of guidelines for selection, relocation, and retention of materials.
(a) Media centers shall have written policies to establish guidelines for the selection, relocation, and retention of physical materials that are available to the public.
(b) The school district 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 school district under subsection (b) of this section shall provide, at a minimum, the following:
(1) A parent or guardian of a student affected by the material to be challenged or an employee of the school district may challenge the appropriateness of
material available in the school district's media center;
(2) The school district 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 conference through the principal's office with a licensed media center employee;
(4) Before a conference under subdivision (c)(3) of this section occurs, the school district shall provide a copy of the following to a person who requests a
conference under subdivision (c)(3) of this section:
(A) The written policy adopted by a school district 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 conference requested under subdivision (c)(3) of this section occurs, if the person who requested the conference wants to formally challenge
the appropriateness of the material that was the subject of the conference, 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 conference;
(6) (A) In conducting a review of material being challenged, the principal of the
school district shall select a committee of licensed personnel.
(B) The principal 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) At least one (1) member of the committee established under subdivision (c)(6)(A) of this section shall be a media specialist.
(D) The committee members who are not the principal or a media specialist shall be licensed personnel with curriculum 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 school district 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 media center'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 board of directors for the school district by filing a written appeal to the superintendent 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 superintendent 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 board of directors 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 superintendent may also include the administration's recommendation regarding the appeal submitted under this subdivision (c)(12).
(C) (i) The members of the board of directors 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 a board of directors 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 school district 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.
6-25-106. Provision of resources.
The school media collection should provide resources that contribute to lifelong learning while accommodating a wide range of differences in instructional methods, interest, and capabilities.
