Del. Code tit. 14, § 7201 Library collection development policy for school libraries.
(a) For purposes of this section:
(1) “Classroom library” means materials donated to, purchased by, or acquired by an individual teacher, which are made available in the teacher’s classroom to students assigned to the teacher’s class.
(2) “Library” means all school libraries established, administered, or under the control of a local education agency. A “library” does not include classroom libraries.
(3) “Library materials” or “material” includes books, periodicals and serials, audio materials, audiovisual materials, instructional materials, maps, databases, government documents, records, photographs, and other similar materials, whether in tangible or electronic form.
(4) “Local education agency” means any public authority legally constituted by this State as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions. Local education agencies include reorganized school districts, juvenile correctional facilities, vocational-technical school districts, and charter schools.
(b) This State establishes the following school library collection development principles:
(1) The library materials, services, and resources provided in a school library are provided for the interest, information, and instructional support of students and school personnel of the schools the program serves.
(2) Library material may not be excluded, removed, or prohibited from a school library solely because of the origin, background, or views of the person who created the material.
(3) Library material may not be excluded, removed, or prohibited from the catalog of a school library because of partisan, ideological, or religious disapproval.
(4) Nothing in this section is intended to override or negate any provision of state law relating to material that is in violation of Title 11, Chapter 5, subchapter VII, Subpart C.
(c) Each local education agency shall develop and implement policies and procedures to review objections to library material in a school library. The policies and procedures must align with the school library collection development principles established under subsection (b) of this section. The policies and procedures developed under this subsection must do the following:
(1) Establish a uniform process to submit an objection to library material in a school library by a student, parent or guardian of a student enrolled in a public school, or school personnel.
(2) Require that library material under review due to an objection remain available for use by students and school personnel until the review process is concluded.
(3) Establish a reasonable timeline to conduct and conclude the review process.
(d) Only the following individuals may make objections to library material in a school library under subsection (c) of this section:
(1) A student enrolled in a school that carries the objectionable material in the school’s library.
(2) A parent or guardian of a student in a school that carries the objectionable material in the school’s library.
(3) School personnel in a school that carries the objectionable material in the school’s library.
(e) A local education agency may not dismiss, demote, suspend, discipline, reassign, transfer, or otherwise retaliate against a librarian, a certified library media specialist, or employee of a local education agency for performing their job duties consistent with the principles established under subsection (b) of this section or policies developed under subsection (c) of this section.
(f) The Division of Libraries, in cooperation with the Library Consortium, shall develop model policies and procedures that libraries may use to ensure compliance with this section.
(g) At the conclusion of a review process established under subsection (c) of this subsection, an appeal may be made to the board of the local education agency. The board of the local education agency must issue a decision confirming or reversing a decision by a local education agency within 30 days.
(h) After a decision is made in an appeal under subsection (g) of this section, an appeal may be made to the School Library Review Committee, established under § 7202 of this title. A decision of the School Library Review Committee shall be a final decision. The Committee’s decision must only apply to the school library that received the initial complaint that is subject to appeal.
(i) An individual who is not a party to the original complaint, objection, or underlying appeal, may appeal a decision made by a school, a local education agency, or the board of a local education agency under this section, so long as the individual making the appeal is a student, parent or guardian of a student, or school personnel in the school where the complaint, objection, or underlying appeal initiated.
(j) Notwithstanding any provision of § 10002 to the contrary, all records relating to material objections, removals, the review process, appeals, and appeal decisions, including the reasons for material removal, if applicable, are public records under Chapter 100 of Title 29.