[kids-lib] IFC Tuesday Topics: Senate Bill 1098, Guidance, and Instructional Materials Policies

Tue Mar 10 14:09:23 PDT 2026

Please pardon the cross-posting.
[cid:image004.png at 01DCB097.7E0ACEA0]Hi Folks,
In this Tuesday Topic from the Intellectual Freedom Committee (IFC), you'll learn about Senate Bill 1098 and new publications that provide guidance about its requirements. The primary audience is school library staff, but I know that staff in all library types were interested in the bill. The PDF version of the topic is attached and will be available on the IFC website<https://www.olaweb.org/if-resources> soon.
Best,
Jen

Senate Bill 1098, Guidance, and Instructional Materials Policies
Tuesday Topics: March 2026

Welcome to Tuesday Topics, a monthly series covering topics with intellectual freedom implications for libraries of all types. Each message is prepared by a member of OLA's Intellectual Freedom Committee (IFC) or a guest writer. Questions can be directed to the author of the topic or to the IFC.

Senate Bill 1098
Senate Bill 1098<https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/SB1098>, also referred to as the Freedom to Read Act, reinforces that it is illegal to discriminate against protected classes as it relates to materials used in Oregon public schools. It became law in the summer of 2025 and is codified in Oregon Revised Statute (ORS) 337<https://www.oregonlegislature.gov/bills_laws/ors/ors337.html>.277 and 337.280 (school and classroom library materials), ORS 337.260 (textbooks and instructional materials), and ORS 336<https://www.oregonlegislature.gov/bills_laws/ors/ors336.html>.082(3) (curriculum and program materials). Protected classes are listed in ORS 659<https://www.oregonlegislature.gov/bills_laws/ors/ors659.html>.850 as race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, or disability.

Below are SB1098 requirements to be aware of in relation to school and classroom library materials:

  *   Any person responsible for the selection or retention of classroom and school library materials may not prohibit the selection or retention of those materials on the basis that the materials include a perspective, study or story of, or are created by a person or group belonging to a protected class.
  *   Any person who is not responsible for the selection of classroom and school library materials may not remove the materials, except as part of a reconsideration process.
  *   When classroom and school library materials are challenged, the following must happen:
     *   The challenger must submit a formal written request for reconsideration. The request can only be submitted by a parent or guardian of a student of the school or by an employee of the school.
     *   The school district must do the following in response to a formal written request for reconsideration:
        *   Ensure the materials remain in circulation throughout the reconsideration process.
        *   Form a reconsideration committee at the school or district level to review the request, following district policy or procedure.
        *   Ensure the following requirements are met if the reconsideration committee decides to remove materials:

           *   Ensure the removal is not occurring because the materials include a perspective, study or story of, or are created by a person or group belonging to a protected class.

           *   Provide a public written explanation for the removal, which must happen before materials are removed.

Guidance about Senate Bill 1098 and Book Challenges
The Oregon Department of Education (ODE) is responsible for overseeing and providing technical assistance about Senate Bill 1098. To help districts better understand their new responsibilities, ODE published an FAQ<https://www.oregon.gov/ode/students-and-family/equity/civilrights/Documents/SB%201098%20FAQs.pdf> that addresses everything from general definitions to specific scenarios such as how religious materials factor into the new law. It also explains how to report a district that violates the law and consequences for such violations. If you have questions for ODE, Tina Roberts<mailto:tina.roberts at ode.oregon.gov> is a first point of contact because her responsibilities as the Language Arts Education Specialist include answering questions about school library compliance.

Also, ODE and the State Library recently updated the document, Addressing Challenged Materials in K-12 Education: Guidance to School Districts<https://www.oregon.gov/ode/educator-resources/standards/ELA/Documents/Challenged_Materials_SB_1098_Update.pdf>. It covers SB1098 in both a new section about the bill and within the "Recommendations for Addressing Challenged Materials" section. Another major change is that policy recommendations were moved from the "District-Level Administrators" section to the "Guiding Principles" section. Plus, the new version clarifies that teacher-selected material is an example of supplemental material rather than being its own category.

In addition, Senate Bill 1098 is referenced in sections about schools<https://slo.oregon.gov/iftoolkit/school> and laws<https://slo.oregon.gov/iftoolkit/laws> on the Intellectual Freedom Toolkit and on the State Library's intellectual freedom<https://www.oregon.gov/library/libraries/Pages/School-IF.aspx> and administrative rules<https://www.oregon.gov/library/libraries/Pages/School-OARs.aspx> webpages for school library staff. Individuals updating policies might also find the American Library Association's Selection & Reconsideration Policy Toolkit for Public, School, & Academic Libraries<https://www.ala.org/tools/challengesupport/selectionpolicytoolkit> helpful.

Instructional Materials Policy and Administrative Regulations (ARs)
As shared in a November 2024 Tuesday Topic<https://www.olaweb.org/assets/IntellectualFreedom/IF_Resources/OLA_IFC_Tue_Topic_2024-11_OSBA%20Instructional_Materials_Policy_Update.pdf>, the IFC and Oregon Association of School Libraries (OASL) collaborated with the Oregon School Boards Association (OSBA) to update OSBA's sample instructional materials policy and related administrative regulations. More recently, OSBA updated those documents to incorporate SB1098 requirements.

Here are some of the major changes, as they relate to school and classroom library materials:

  *   Added language about not being able to prohibit the selection, retention, or removal of materials on the basis that the materials include a perspective, study or story of, or are created by a person or group belonging to a protected class.
  *   Added references to sections of Senate Bill 1098 and relevant Oregon Revised Statutes.
  *   Changed "school library materials and classroom library materials" to "library materials made available in classroom and school libraries" and updated the definitions of those terms to align with ORS 337.277.
  *   Removed students and district residents from the list of those eligible to request the reconsideration of materials.
  *   Added "and shall not be removed" to this: "Use of the material identified in the request for reconsideration will not be suspended and shall not be removed during the reconsideration process."
  *   Added "An item approved for removal shall not be removed until a written explanation for removal from the committee is made available to the public (if the committee recommended removal)."
  *   Added "or retention" to this: "The person responsible for the selection or retention of the material in question..."
  *   Added "Only requests for reconsideration from a staff member responsible for the selection or retention of the material, a staff member of the school or a parent or guardian of a student of the school will be considered."
  *   Revised some of the process for reporting and appealing decisions about the reconsideration of materials.

Another important update from OSBA includes how to retrieve copies of the instructional materials policy and ARs. Previously, OSBA allowed school library staff to contact them directly to request copies. However, now anyone who wants access to the documents must make the request through traditional district channels. Also, remember that a district must be a member of OSBA to access the documents, though most are, and a district may already have copies on hand.

Next Steps and Conclusion
School library staff and others who have a vested interest - it's important to be proactive concerning SB1098. Please consider doing the following, if you haven't already:

  *   Become familiar with the language and requirements of Senate Bill 1098 and the related Oregon Revised Statutes.
  *   Help administrators, classroom teachers, and library staff become familiar with SB1098.
  *   Encourage relevant staff and the school board to update the district's instructional materials policy (IIA) and related administrative regulations to reflect SB1098 requirements.

Thanks for taking time to understand Senate Bill 1098 and to educate others about it! And, a final encouragement - please reach out to the IFC<https://www.olaweb.org/contact-ifc> for support if you are experiencing an intellectual freedom issue, such as a book challenge. Another option for school library staff is to contact any of these members directly: Marie Felgentrager<mailto:intellectualfreedom at oasl.olaweb.org> (OASL Intellectual Freedom Representative), Tamara Ottum<mailto:tamara.ottum at slo.oregon.gov> (Oregon Intellectual Freedom Clearinghouse, State Library of Oregon), or Jen Maurer<mailto:jennifer.maurer at slo.oregon.gov> (School Library Consultant, State Library of Oregon).

Jen Maurer, MLS (she/her)
School Library Consultant, State Library of Oregon
jennifer.maurer at slo.oregon.gov<mailto:jennifer.maurer at slo.oregon.gov> | 971-375-3540 | https://www.oregon.gov/library/libraries

[Logo with this text: State Library of Oregon, Library Support and Development Services]
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