Amends TCA Title 39; Title 49 and Chapter 264 of the Acts of 1909.

ON APRIL 12, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2247, AS AMENDED. AMENDMENT #1 rewrites this bill to expand the membership of the state textbook and instructional materials quality commission. This amendment requires the commission to expand its review process to include books and other educational materials to be placed in public school libraries. Present law establishes the 10-member state textbook and instructional materials quality commission. The commission presently consists of the following members: (1) A director of schools appointed by the speaker of the senate; (2) A teacher or instructional supervisor in grades four through eight appointed by the speaker of the senate; (3) A citizen member who is not employed in the public K-12 system appointed by the speaker of the senate; (4) A director of schools appointed by the speaker of the house of representatives; (5) A teacher or instructional supervisor in grades kindergarten through three appointed by the speaker of the house of representatives; (6) A citizen member who is not employed in the public K-12 system appointed by the speaker of the house of representatives; (7) A principal appointed by the governor; (8) A teacher in grades nine-12 appointed by the governor; (9) A citizen member who is not employed in the public K-12 system appointed by the governor; and (10) The commissioner of education, or a deputy or assistant commissioner of education serving as the commissioner's designee, who serves as a non-voting member. This amendment revises the qualifications for appointees under (2) and (5) so that each speaker will appoint a teacher or instructional supervisor in the intermediate grades, grades four through eight (4-8) or a retired teacher or retired instructional supervisor who taught or supervised grades four through eight. This amendment also expands the commission's membership by two members by requiring each speaker to additionally appoint a school librarian or a retired school librarian. This amendment adds the following to the commission's duties: (1) Issue guidance for LEAs and public charter schools to use when reviewing materials in a library collection to ensure that the materials are appropriate for the age and maturity levels of the students who may access the materials, and that the materials are suitable for, and consistent with, the educational mission of the school. The guidance must be issued to LEAs and public charter schools no later than December 1, 2022, and annually reviewed and updated by the commission by each December 1 thereafter; (2) Assist LEAs and public charter schools in evaluating the appropriateness of materials in a library collection for which the LEA or public charter school has received feedback from a student, a student's parent or guardian, or a school employee challenging or questioning the appropriateness of materials that are under review by the LEA or public charter school; and (3) Assist LEAs and public charter schools in responding to feedback, complaints, or appeals challenging or questioning the appropriateness of materials contained in the library collection of one or more of the LEA's schools, or of the public charter school, that have been filed with the LEA or public charter school as part of a review or appeals process established by the policies of the respective LEA or public charter school, if applicable. If Senate Bill 1784 / House Bill 1667, which would create a Tennessee state library coordinator position in the department of education, becomes a law, this amendment requires that the Tennessee state library coordinator also serve as an ex officio non-voting member of the commission. ON APRIL 27, 2022, THE HOUSE SUBSTITUTED SENATE BILL 2247 FOR HOUSE BILL 2666, ADOPTED AMENDMENT #3, AND PASSED SENATE BILL 2247, AS AMENDED. AMENDMENT #3 adds a requirement for the commission to review the list of materials in the library collection of each school operated by an LEA and of each public charter school that has been reviewed and recommended for approval by the Tennessee state library coordinator to ensure that the materials are appropriate for the age and maturity levels of the students who may access the materials, and that the materials are suitable for, and consistent with, the educational mission of the school. Under this amendment, the commission will approve or reject the list of materials in the library collection of each school operated by an LEA and of each public charter school that has been reviewed and recommended for approval by the Tennessee state library coordinator, or the commission may approve or reject one or more of the listed materials. The commission will not approve materials if the materials are inappropriate for the age and maturity levels of the students who may access the materials, or if the materials are not suitable for, or are otherwise inconsistent with, the educational mission of the school, and, in the event the commission makes such a finding, the finding must be in writing. This amendment also requires the commission to establish a timeline and process for a parent of a student enrolled in a school for which the commission has rejected materials from being included as part of the school's library collection to petition the commission to reconsider the commission's finding that the materials are inappropriate for the age and maturity levels of the students who may access the materials, or that the materials are not suitable for, or are otherwise inconsistent with, the educational mission of the school. This amendment requires the state library coordinator to recommend a list of materials to the commission for approval. The list recommended by the state library coordinator must contain, from the list of materials in the library collection of each school operated by an LEA and of each public charter school submitted to the commission pursuant to this amendment (discussed below), materials that are appropriate for the age and maturity levels of the students who may access the materials, and that the materials are suitable for, and consistent with, the educational mission of the school. The final list of materials approved for inclusion in the school's library collection must be approved by the commission before students may access the materials as part of the school's library collection. This amendment requires, beginning on January 1, 2023, and by each January 1 thereafter, each LEA and public charter school to submit the list of materials in the library collection of each school operated by the LEA and in the library collection of the public charter school, as applicable, to the state textbook and instructional materials quality commission for approval before the materials may be included as part of the school's library collection for the school year immediately succeeding the school year in which the list is submitted to the commission for approval. A school operated by an LEA or a public charter school will not include materials in the school's library collection unless the materials have been reviewed and approved by the commission. ON APRIL 27, 2022, THE SENATE NONCONCURRED IN HOUSE AMENDMENT #3. ON APRIL 27, 2022, THE HOUSE REFUSED TO RECEDE FROM ITS ADOPTION OF HOUSE AMENDMENT #3. ON APRIL 27, 2022, THE SENATE REFUSED TO RECEDE FROM ITS NONCONCURRENCE IN HOUSE AMENDMENT #3 AND APPOINTED A CONFERENCE COMMITTEE. ON APRIL 27, 2022, THE HOUSE APPOINTED A CONFERENCE COMMITTEE. ON APRIL 28, 2022, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE. ON APRIL 28, 2022, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.