SB 1435: Books and other school materials: obscene matter.

Existing law requires the State Board of Education to adopt standards, rules, and regulations for school library services. Existing law authorizes the governing board of a school district to exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.

This bill would require the governing board of a school district to exclude from schools and school libraries serving pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 8, inclusive, all books, publications, or papers that contain obscene harmful matter, as defined. The bill would require the harmful matter to be removed on or before July 31, 2025. To the extent these provisions would add new duties on school districts, the bill would impose a state-mandated local program. The bill would authorize a parent, guardian, or resident of a school district to commence a civil action to obtain appropriate injunctive and declaratory relief for violations of these provisions after the governing board of the school districts refusal to remove any harmful matter requested of it.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.