New FAQs for Schools!
In collaboration with your other Illinois library organizations—AISLE, ILA, RAILS, and the Illinois State Library—we've produced a new list of FAQs and answers specifically for school library educators and their administrators!
About PA 103–0100
On Jan. 1, 2024, Public Act 103–0100 (formerly HB 2789) went into effect, thus affecting funding cycles for FY2025 onward. This legislation is designed to protect Illinois libraries' freedom to acquire materials and Illinoisans’ freedom to read.
This law requires that each Illinois library that receives State grants establish an anti-censorship policy. Specifically, it says that those libraries will only be eligible for State grants if they either "adopt the American Library Association's Library Bill of Rights" or "develop a written statement prohibiting the practice of banning books or other materials within the library or library system." The Library Systems Act defines "State grants" in (75 ILCS 10/8) (from Ch. 81, par. 118) Sec. 8. State grants. You can find the rules in the guidelines for the Public Library Per Capita and Equalization Aid Grant.
Make Sure You're in Compliance
PA 103–0100 Explained for Public Libraries
Are you in compliance with PA 103–0100? Find out with this helpful video by IHLS Continuing Education Coordinator Kate Kite!
Prove It
Providing Evidence of Compliance
When applying for any State grant—including the Public Library Per Capita and Equalization Aid Grant—you must provide one of the following:
Adoption of the ALA Library Bill of Rights
Your Own Approved & Active Policy
The following text is acceptable for your library to use for its policy/procedure:
[Your library]holds the inherent authority to provide an adequate collection of books or materials sufficient in size and varied in kind and subject matter to satisfy the library needs of [students or patrons] served and prohibits the practice of banning specific books or resources.
General FAQs
On Book Banning Censorship
It’s a long-held best practice for libraries to develop such policies. See, for example, the following recommendation from the American Library Association:
"The Supreme Court has held that the Constitution requires a procedure designed to critically examine all challenged expression before it can be suppressed. Therefore, libraries should develop a procedure by which the governing body examines concerns and challenges about library resources. This procedure should be open, transparent, and conform to all applicable open meeting and public records laws. Challenged resources should remain in the collection, and access to the resources remain unrestricted during the review process. Resources that meet the criteria for selection and inclusion within the collection as outlined in the institution’s collections policy should not be removed. Procedures to review challenges to library resources should not be used to suppress constitutionally protected expression." (Challenged Resources: An Interpretation of the Library Bill of Rights.)
Even if your library has gotten by without an anti-censorship policy or collection development policy, the recent rise in book bans means you need one now. According to American Library Association (ALA), there were 67 attempts to ban books in Illinois in 2022, up from 41 attempts the previous year. Nationally, these challenges are rising on an unprecedented scale, with more attempts to ban books since ALA began tracking 20 years ago.
Additionally, a policy on book bans will help you protect your entire community’s freedom to read. Many of these challenges come not from individuals within the community but from extremist groups. Even when community members are the initial impetus, these crusades gain traction through organizations like the Proud Boys and Moms for Liberty, seeking to suppress many marginalized communities’ voices.
Addressing Library & Board Concerns About Compliance
Not at all! Despite the uptick in materials challenges, over 90% of voters oppose banning classic novels and children’s books. That means that your patrons and your community most likely oppose these bans, as well.
Illinois is a state that allows libraries a high degree of local control, and PA 103–0100 will not take that away. In general, library boards will still hold the same authority that they are given following their election or appointment. They will continue to write their libraries’ policies, collection development policies, and reconsideration policies. The only change will be for boards at libraries that don’t already have a reconsideration policy that reflects the best practices outlined in the ALA’s Library Bill of Rights. Those boards will need to include in their reconsideration policies a statement indicating that no materials will “be proscribed or removed because of partisan or doctrinal disapproval” (The Library Bill of Rights). As library boards are meant to be nonpartisan, this statement should merely reflect their current practices.
No. The law is not concerned with librarians removing or excluding irrelevant, outdated, or misleading books from the collection following the library’s collection development policy. Nor does PA 103–0100 prevent reconsideration processes wherein community members may make informal complaints or formally request reconsideration of a library resource. These selection, weeding, and reconsideration processes are best practices that help libraries provide useful and reliable resources to their entire communities.
Moreover, PA 103–0100 states, "It is further declared to be the policy of the State to encourage and protect the freedom of libraries and library systems to acquire materials without external limitation and to be protected against attempts to ban, remove, or otherwise restrict access to books or other materials."
For more information, see the “Not Censorship But Selection” and the ALA’s Selection & Reconsideration Policy Toolkit for Public, School, & Academic Libraries.
Addressing Patron Concerns
Assuring parents and guardians that they will still have a say in what library materials their kids can access.
We recommend that you invite parents to supervise their children at the library and read their checked-out books with them.
It’s also good to make sure they know they are welcome to have a discussion with library staff about their concerns. If you have particular policies or protocols in place for accommodating parental requests, be sure to inform them of those. And, if you’re comfortable doing so, you may want to assure them your librarian(s) and circulation staff are trained to help children find materials that align with their students' maturity levels. Be transparent about the policies and techniques your staff uses to work with young readers.
First, it’s important to communicate that school library educators have established policies and protocols for selecting materials that align with their students’ maturity levels. Be transparent about the tools you use, such as School Library Journal, NoveList, Booklist, Horn Book, and Kirkus Reviews.
Second, we recommend that you invite parents and guardians to talk to you. Let them know that you will welcome this type of discussion and that you’ll do your very best to make sure their wishes are honored.
Let them know that some requests from parents will be easier to accommodate than others. For instance, if a guardian calls and asks that their child not be allowed to check out Harry Potter books, most school library educators will put a note on that student’s record. Then, if that student tried to check out Harry Potter and the Sorcerer’s Stone, that library would explain that the guardian said no. That’s an easy fix. However, it’s harder to accommodate requests that a student be kept from checking out books containing specific themes or content, such as violence or LGTBQIA+ undertones. We know that you haven’t read every book in the collection and can’t guarantee that type of limitation. In those cases, you might suggest that they:
- Name titles, series, or authors that they don’t want their child to access.
- Read their child’s books with them.
- Look up reviews for their checked-out materials in School Library Journal.
IHLS & the Law
In addition to collaborating on pages like this one, our Membership Team is ready and available to consult with members seeking clarification, support, or advice.
Members can also can find relevant materials in our Book Challenges resource guide. The Illinois Secretary of State Administrative Ready Reference also has a sample library policy available for review.
We recommend you consult the ALA Guidelines for Library Policies as you work on your policy. The ALA stands firmly against book censorship—even for children. Restricted access violates patrons’ rights to intellectual freedom and their First Amendment rights.
PA 103–0100 requires that library systems also produce a policy opposing book banning in order to receive State grants. On Nov. 28, 2023, the IHLS Board of Directors voted to adopt the ALA's Library Bill of Rights as a system.
Additionally, our automation consortium, SHARE, holds a similar policy in their eResources Collection Development Guidelines. The anti-censorship policy appears under "Reconsideration of Materials" and reads as follows:
"SHARE endorses the American Library Association (ALA) Freedom to Read Statement, Freedom to View Statement, the Library Bill of Rights, and all relevant Library Bill of Rights Interpretations. The choice of library materials by patrons at participating libraries is an individual matter.
"Patrons of cloudLibrary participating libraries wishing reconsideration of materials within the cloudLibrary collection must complete the SHARE cloudLibrary Request for Reconsideration Form in its entirety and submit via email to Cassandra Thompson, SHARE director at cthompson@illinoisheartland.org. Only signed forms will be considered.
"The title in question will be reviewed by the SHARE E-Resources Committee within 30 days to determine if it aligns with the collection development guidelines. The committee’s recommendation will be reviewed by the SHARE Executive Council. Once a decision has been made, the requestor named on the Request for Reconsideration Form will receive a written response indicating the decision and reasoning. Titles will remain in the collection during this process. The step-by-step Request for Consideration Procedure is attached (Appendix A)."
FAQs for Schools NEW!
What the Law Means
- What is Public Act 103–0100?
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Public Act 103–0100 is an Illinois Library System Act amendment that adds this requirement: Sec. 8.7. State grants; book banning. To be eligible for State grants, a library or library system shall adopt the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval or, in the alternative, develop a written statement prohibiting the practice of banning books or other materials within the library or library system.
- Does this law mean that we can eliminate our reconsideration policy?
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The law does not prohibit the act of challenging or complaining about a book, so reconsideration policies will still apply. This law only prohibits removing books based on doctrinal or partisan reasons.
- Does this law affect a library's membership in a library system?
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No, compliance with this law is required for a school district to be eligible to receive grant funding from the Office of the Secretary of State/Illinois State Library.
- Would removing ANY title from the library collection due to a reconsideration policy/process be interpreted as a violation of Public Act 103–0100? Or would the state library seek “proof” that the removal was due to partisan/doctrinal reasons?
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No, not necessarily. Through a school library’s own evaluation of its collection or in response to a request for reconsideration, a school library might determine that a title is not responsive to the community it serves and is inconsistent with the collection development policy it has established for its operation. Each applicant for library funding from the Office of the Secretary of State/Illinois State Library is now required to allow review of any final decision made regarding reconsideration requests during the terms of the grant agreement (expenditure period of grant funds).
- Does the State Librarian have final control over reconsideration decisions (as opposed to the school board)?
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No. However, a school board must be aware that their response to a consideration request might make the district ineligible for funding from the Office of the Secretary of State and Illinois State Library.
- Does this law mean that the state will require that we purchase or make available a specific list of books?
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We do not expect the Illinois State Library to require any library to purchase particular books or supply a list of titles. The requirement is only that you maintain a diverse and inclusive collection.
I Need Help. Whom Do I Ask?
- Who can I contact for assistance with this?
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Start with your school librarian, as they have likely already been working on this issue and have a plan. After that, please contact your library system (IHLS or RAILS) for assistance.
- I am a school administrator and don’t have much experience with school libraries. Whom should I talk to?
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Your first step should be to discuss it with your school or district library staff. They likely already understand this law and have a plan of action. If your school librarian is unsure, either of you can schedule time with your Illinois library system member representatives in person or via phone.
- What organizations can provide me with resources on this issue?
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Illinois Heartland Library System, Reaching Across Illinois Library System, and the Illinois State Library all have resources and staff ready to answer your questions.
- My school board is considering not adopting the ALA Bill of Rights or any similar policy. Who can I talk to about this?
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Please contact your library system to ask for assistance. To find out if your library belongs to Illinois Heartland Library System (IHLS) or Reaching Across Illinois Library System (RAILS), use the filters on this map.
How Do We Comply?
- Can we adopt these as rules in the school library, or does the school board need to approve them?
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The school district must adopt the policy. This is because they are the entity that receives the grant funding for your library. If you like, you may add these statements as a procedure in your library. However, your district must adopt the policy to comply with the act and receive state library funding, including the School District Library Grant.
- Do we, as a school district, need to renew our pledge yearly, as we apply for the state funding?
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There currently is no expectation that the policy needs to be adopted yearly. Once your board adopts the policy, it remains a part of your overall school board policy manual.
- Once my school board adopts the ALA Bill of Rights, where should it be housed?
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Your school board should house the policy in section 6:230 of your school board policy manual.
- My school does not want to align with ALA; is there another option?
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The law allows libraries to write their own statement asserting that they will not ban books for partisan or doctrinal reasons. If your school district chooses to write its own policy, a written copy of the policy must be submitted with your grant application.
- The district’s material reconsideration policy addresses all library material challenges. How can I ensure this policy complies with PA 103–0100?
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The reconsideration policy must state that you will not remove a book for partisan or doctrinal reasons.
What Resources Are Available to Help Me Create Our Policy?
- Where can I find sample policies compliant with the law?
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Both Illinois Heartland Library System and Reaching Across Illinois Library System have policies on file that are examples that meet the requirements of the law. In addition, the Illinois Association of School Boards has compliant sample policies available for review and use. Please change any names or identifying remarks if you use a policy.
- What policy wording has the IASB created? Where is this located in the board policy manual?
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IASB has these policy examples available on the IASB website. See question 5 regarding the location in the board policy manual.
What If We Don't Comply?
- If we don’t adopt this policy, do I have to return the grant money from this year?
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No, not for grant funding that was applied for prior to Jan. 1, 2024.
- Our district doesn’t rely on State grant funds for library materials, and my administrator doesn’t see the benefit of complying with PA 103–0100. Are there resources that explain how this legislation benefits our district and students beyond access to the ISL School District Library Grant?
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This legislation aims to ensure that Illinois libraries represent ALL their patrons. Adopting the ALA Bill of Rights or another policy that prohibits banning books due to partisan or doctrinal reasons ensures that your library states its commitment to the freedom to read for every patron you serve. It also demonstrates to your community members that book banning will not be tolerated and that your library will represent all its users. Check these sites for more information about book bans and challenges and their harmful effects: