Support for the Freedom to Read Act Ensuring Student Access to Developmentally Appropriate Materials

SUMMARY

The LGBTQ+ Committee (Jared M. Trujilo and Hayley J. Gorenberg, Co-Chairs), Children and the Law Committee (Laura Diewald and Amy R. Hozer-Weber, Co-Chairs), and Civil Rights Committee (Evan Henley, Co-Chair) supported the Freedom to Read Act (A.7777/S.1099), which has passed both chambers and now awaits the Governor’s signature. This legislation responds to the alarming rise in book bans that disproportionately harm LGBTQ+ youth and other marginalized communities. The Act empowers librarians to curate inclusive collections and directs the Commissioner of Education to establish statewide standards ensuring every student has access to developmentally appropriate materials that reflect New York’s diversity. By safeguarding intellectual freedom and promoting equity in education, this bill ensures that stories representing all identities remain on our shelves—not erased by censorship

BILL INFORMATION

A.7777 (AM Simone) / S.1099 (Sen. May)- An act to amend the education law, in relation to enacting the “freedom to read act” (NYS 2025-26)

OUTCOME

Vetoed by the Governor, Memo 136 – December 19, 2025

REPORT

REPORT ON LEGISLATION BY THE LESBIAN, GAY, BISEXUAL, TRANSGENDER & QUEER RIGHTS COMMITTEE, CHILDREN & THE LAW COMMITTEE AND CIVIL RIGHTS COMMITTEE 

A.7777 (M. of A. Simone)
S.1099 (Sen. May)

AN ACT that requires the commissioner of education and school library systems to develop policies to ensure that school libraries and library staff are empowered to curate and develop collections that provide students with access to the widest array of developmentally appropriate materials available. 

The Freedom to Read Act 

THIS BILL IS APPROVED 

I. INTRODUCTION 

Last year, the New York City Bar Association’s LGBTQ+ Committee sponsored an event titled “From Book Bans to ByteDance”[1] that addressed the dangers of restricting books and online content. In short, banning books can prevent LGBTQ+ youth from accessing critical and life-saving resources. A diverse array of stakeholders and experts acknowledge this reality, including, for example, the non-partisan American Psychological Association.[2]

Unfortunately, navigating efforts to ban books can be challenging. School districts and libraries need selection guidelines that emphasize access to inclusive literature, standards that defer to the sound judgment of education professionals, and transparent and equitable processes for adjudicating challenges to library and curricular materials. But many school districts and libraries lack the infrastructure necessary to handle efforts to ban books, which are increasing in frequency and intensity,[3] and which may be further encouraged[4] by a recent opinion[5] from the U.S. Supreme Court.

For these reasons, the New York City Bar Association’s LGBTQ+ Rights Committee, Children and the Law Committee and Civil Rights Committee enthusiastically support New York State’s “Freedom to Read Act,” A.7777 (AM Simone) / S.1099 (Sen. May).[6] If enacted, the bill will require the New York Commissioner of Education to (1) promulgate regulations to ensure library collections reflect the diversity of our communities, and (2) ensure school library systems adopt policies that empower librarians to develop inclusive library collections.

Additional details on what we can expect from the passage of the Freedom to Read Act are below.

II. PROMULGATION OF REGULATIONS

The Freedom to Read Act directs[7] “the commissioner of education and school library systems to develop policies to ensure that school libraries and library staff are empowered to curate and develop collections that provide students with access to the widest array of developmentally appropriate materials available.” In doing so, the commissioner will establish statewide standards. These standards will affirm the professional authority of school librarians and library staff to curate inclusive and pedagogically sound library collections. It is crucial that the commissioner of education be authorized to promulgate regulations, because every student in New York deserves an equal opportunity to explore new ideas and see themselves reflected in their school libraries.

All students in New York State deserve equal access to school libraries that inspire curiosity and reflect their identities, which is why the Freedom to Read Act is vital. This access can only be guaranteed through consistent statewide standards. Without such regulations, districts may develop inconsistent or inadequate policies, leaving some students protected against censorship, while others remain vulnerable to book bans.

New York State’s public schools are among the most diverse[8] in the nation, serving students across a remarkable spectrum of racial, cultural, and socioeconomic backgrounds, home languages, and countries of origin. These schools include immigrant and first-generation students, young people with differing abilities and special needs, students grounded in a wide array of religious traditions, and students with diverse gender identities, gender expressions, and sexual orientations. This diversity makes it imperative for library collections to reflect the richness of our communities. The measures in this bill would help ensure that books cannot be removed simply because they address race, gender, or LGBTQ+ identities. Students from historically marginalized groups are among the most affected [9] by book bans. When stories that include these identities are banned, all students – including but by no means limited to students whose identities are reflected in the literature targeted by efforts to ban books – lose access to valuable perspectives and resources that can help them navigate complex experiences. The Freedom to Read Act ensures that access to diverse, inclusive materials is not left to chance or local politics. This is not just an educational necessity; it is a step toward guaranteeing equal opportunity for all students in New York.

III. REQUIRED POLICIES FOR SCHOOL LIBRARY SYSTEMS

The Freedom to Read Act sets out proposed policies to create inclusive collections for school libraries across the state. The statute sets forth the obligations necessary to achieve these goals. It requires creating a catalog of materials listing the resources of each public school library; developing a plan that will aid each school library in cooperative collection development; adopting and implementing an inter-library loan policy and program among school libraries; assuring a method of effective delivery of library materials within the system; promoting development programs and continuing education for school staff; encouraging awareness of the resources and services available in school libraries; cooperating with other library systems in resource-sharing and other activities; and ensuring that school libraries and library staff are empowered to curate and develop collections that provide students with access to the widest array of developmentally appropriate materials available to schools.

The Freedom to Read Act would follow examples from other states, including New Jersey, Delaware, Rhode Island, and Connecticut, that also seek to ensure that school libraries and those curating the collections can encourage young people to think critically about diversity. By empowering school libraries to create diverse collections, and protecting them from liability, the Freedom to Read Act would promote students’ free access to ideas in the school library, make a commitment to steer clear of censorship, and empower school professionals with training and expertise to create a diverse and comprehensive collection.

IV. CONCLUSION

The Freedom to Read Act has passed both the New York State Assembly and the New York State Senate. For the above reasons, the New York City Bar Association urges Governor Hochul to sign this important legislation into law.

Lesbian, Gay, Bisexual, Transgender & Queer Rights Committee
Jared M. Trujilo and Hayley J. Gorenberg, Co-Chairs

Children and the Law Committee
Laura Diewald and Amy R. Hozer-Weber, Co-Chairs

Civil Rights Committee
Evan Henley, Co-Chair

December 2025