A bill

to amend the South Carolina Code of Laws by adding Section 59-31-15 so as to PROVIDE LIBRARY AND MEDIA CENTER MATERIALS MUST BE AGE-APPROPRIATE AND GRADE-APPROPRIATE, TO PROVIDE THE STATE BOARD OF EDUCATION SHALL CREATE A MODEL POLICY FOR THESE MATERIALS THAT MUST BE LOCALLY ADOPTED FOR ALL PUBLIC SCHOOLS, AND TO PROVIDE PUBLIC SCHOOLS MAY GIVE STUDENTS ACCESS TO MATERIAL FOUND INAPPROPRIATE WITH PARENTAL PERMISSION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Chapter 31, Title 59 of the S.C. Code is amended by adding:

   Section 59-31-15.   (A) Library and media center materials, both printed and electronically accessible, must be age-appropriate and grade-appropriate.

   (B) The State Board of Education shall create a model policy for library and media center materials that must be adopted by every public school district, charter school, and special school. The policy must include a complaint form, which local education agencies shall prominently post on their website, for use when an individual files a complaint alleging violations of this section. At a minimum, the department shall ensure the complaint form includes:

      (1) the name and contact information of the complainant;

      (2) the name of the school in which the alleged violation took place;

      (3) a brief description of the prohibited concept at issue;

      (4) a brief statement on why the concept at issue is a prohibited concept;

      (5) the name of the individual alleged to have included or promoted the prohibited concept;

      (6) the name of the individual who may have knowledge of the allegations;

      (7) a list of documentation or materials supporting the complainant's allegations, including copies of such documentation where possible;

      (8) the approximate date on which the prohibited concept was included or promoted; and

      (9) location, either physical or virtual, of the printed or electronically available material.

   (C) If material is determined to be inappropriate for any grade level that is located within the school, the school may allow student access to the materials if the parent or legal guardian of the student gives the principal written permission for the student to have such access. The parent or guardian is responsible for taking possession of and returning the material at the time specified by the school. At no other time may the student have possession of the otherwise prohibited material on school premises or at a school-sponsored activity.

SECTION 2.   This act takes effect upon approval by the Governor.

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