Fact Sheet: Proposed APLS Rules Changes 2024

Fact Sheet: Proposed APLS Rules Changes 2024

A 90-day public comment period about proposed changes to the Alabama Public Libary Service Administrative Code opened on January 31, 2024. The proposed changes to the code would radically alter the way that public libraries serve the public and would place significant curbs on the right to read, access materials, and use our libraries. The Alabama Library Association submitted a counter-proposal, which largely aligns with Gov. Ivey’s proposals but clearly states that librarians cannot act in loco parentis when deciding which materials are suitable for minors. We want to explain more about the administrative code process and why this is so important to protect our libraries. 

What is Alabama Administrative Code 520-2-2.03?

The Alabama Administrative Code outlines the purpose and policies of all Alabama state agencies. Section 520 establishes the administration of the Alabama Public Library Service (APLS). Chapter 2 explains the policies for providing state aid to public libraries. Subsection .03 explains what public libraries have to do to receive supplemental state aid from the APLS.

Why Does Kay Ivey Want to Change It?

In early September 2023, Kay Ivey wrote a letter to Dr. Nancy Pack, executive director of the APLS, expressing concern about “the exposure of children and youth to inappropriate, sexually suggestive materials without adequate means of parental supervision” (Sribd). A month later, after Dr. Pack addressed her concerns (Scribd), Ivey nevertheless insisted on amendments to Code 520-2-2.03 that would “make state aid for local libraries contingent on the adoption of sensible policies to facilitate greater parental supervision of their children” (PDF). 

What Are the Proposed Changes and Why Do They Matter?

(The proposed changes to the current administrative code are underlined. The full text of the proposed code is available here.)

1. “In order to receive state aid, a library board must approve written policies for the public library which cover (A) the physical location (and relocation) of sexually explicit or other material deemed inappropriate for children or youth and (B) advance approval of materials recommended, displayed, or otherwise actively promoted to children or youth.”

WHAT THIS MEANS: Library boards will need to determine the criteria for “sexually explicit” or otherwise “inappropriate” material for minors, then establish written guidelines for where this material should go in the library. Boards will also need to establish a process for staff to seek approval for all youth displays and recommendations. The APLS may withhold supplemental state funding to libraries that fail, neglect, or choose not to add these policies.

WHY THIS MATTERS: The first part of this proposed change suggests that there is even such a thing as sexually-explicit content aimed at children, which is simply not the case. The children’s materials that purportedly qualify as “sexually explicit” are largely about gender expression, gender identity, same-sex parents, and antiracism. Educational titles such as It’s Perfectly Normal: Changing Bodies, Growing Up, Sex, and Sexual Health by Robie Harris have also been targeted as “pornographic” despite presenting factual information about puberty in an age-appropriate format. Even the young adult literature that is called into question is not “sexually explicit” in the same way that “pornography” is, but the people and organizations in favor of complicating access to young adult materials conflate the two to downplay the merit of having these materials readily accessible to young adults.

The second part makes library staff vulnerable to disciplinary action for failing to obtain “advance approval” before recommending, displaying, or perhaps even shelving certain titles. Such oversight is likely to result in higher rates of self-censorship as librarians either pass over ordering titles they fear may be contentious or are instructed outright not to order them – both of which are types of censorship that have plagued librarianship even before this current wave of animosity against libraries. At worst, this addition to the administrative code could also pave the way toward criminalizing library staff for recommending “inappropriate” material to youth, even if the youth requests it. This is not a baseless concern.

2. The public library must not deny service to anyone on the basis of age, race, sex or creed. Exercising discretion in the location of sexually explicit material or other material deemed by the public library board to be inappropriate for children or youth does not constitute a denial of service on the basis of age. Taking age into account when recommending, displaying, or otherwise actively promoting library materials does not constitute a denial of service on the basis of age.

WHAT THIS MEANS: Restricting access to materials or services based on a patron’s age, specifically status as a minor, should not be considered an unjust denial of service. 

WHY THIS MATTERS: Again, this addition assumes that there is such a thing as sexually explicit materials in youth and young adult collections, while also stating an obvious recommendation that library staff should take a patron’s age into account when recommending materials. Library staff on the whole are trained to ask patrons about their interests and to take factors such as reading level and development appropriateness into account. However, librarians are also trained to respect patrons’ privacy and right to freely access information, including the privacy and rights of minors and young adults. Library staff are not qualified to (nor do we want to!) make reading decisions for other people’s children, and so we leave that responsibility to parents and guardians. All we do is make the materials accessible to anyone and everyone who needs them.

3. Any expenditure of public funds to the American Library Association must be approved by the governing board of the public library or public library system in an open, public meeting following advance public notice.

WHAT THIS MEANS: Library boards must provide advance public notice of any intention to direct public funds to the American Library Association (ALA), then approve those plans in a public meeting. 

WHY THIS MATTERS: This is how library boards should operate anyway, but codifying expenditures to the ALA specifically is intended to discourage public libraries from utilizing ALA resources. Already at least one public library in Alabama has refused to reimburse two early-career librarians who requested financial assistance to attend an ALA-adjacent conference, citing the political ruckus around the ALA as the reason. Other such expenditures may include professional development resources, programming resources, or physical resources for patrons (such as informational materials).

Notably, however, this clause does not mention any red tape for libraries to apply for funds (such as grants) from the ALA.

What is the Amendment Process?

  1. On November 16, 2023, the APLS Executive Board voted to submit Governor Ivey’s proposed changes to the Alabama Legislative Services Agency (per AL Admin. Code 520-1-1-.02). They also agreed to open up the full 90-day period allowed by law to receive public commentary.
  2. On January 31, 2024, the Alabama Legislative Services Agency published the Notice of Intended Action with the proposed changes, kicking off the 90-day public comment period. (per Code of AL 41-22-5).
    1. The APLS will accept public comments by postal mail or hand-delivery only. They must be received by 4:30pm of April 29, 2024, at the following address:
      Vanessa Carr
      Executive Secretary
      Alabama Public Library Service
      6030 Monticello Drive
      Montgomery, AL 36117

  3. There will be a public hearing at 10am on April 30, 2024, at APLS. Members of the public can sign up to speak by emailing Vanessa Carr at [email protected] by 4:30pm of April 29, 2024. Speakers will be heard in the order their emails are received.

  4. At the end of the public commentary period, the APLS will issue a statement of their final decision, including their consideration of public response. There are three possible outcomes:
    1. That they will accept the changes in full.
    2. That they will reject the changes as-written and repeat this entire process with amendments.
    3. That they will reject the changes in full.

What Can I Do About This?

  • Follow the Alabama Library Association for professional librarian insight on this whole process: Facebook, Instagram, Twitter.
    • ALLA has already shared a counter-proposal written by public librarians and informed by best practice within the profession. Read it on Facebook.

  • Plan to attend the public hearing at the APLS at 10am on Tuesday, April 30, 2024. If you want to speak, send your request to do so to Vanessa Carr at [email protected] by 4:30pm of April 29, 2024. Comments will be limited to 3 minutes.
  • Worst case: start planning now for contingent community funding for libraries, such as crowdfunding or grant opportunities. 

Further Reading

Correspondence and Press Releases

AL.com Press Coverage

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Jacqueline Osborne Lindsey Wade Beebe Chimène Gecewicz Samantha McNeilly Pat Allen Sara Barnard John Durkin Jen Power Scott Miller Joe Jones
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