Understanding SB13: Transparency and Local School Library Advisory Councils
The passage of Senate Bill 13 (SB13) has raised important questions about transparency and accountability in Local School Library Advisory Councils (LSLACs). While the bill includes several procedural safeguards that resemble the Texas Open Meetings Act (TOMA), it does not place LSLACs directly under TOMA’s complete legal requirements.
SB13 vs. TOMA: Similarities and Differences
One key provision of SB13 is that LSLAC meetings must be posted with at least 72 hours’ notice. At first glance, this looks very similar to TOMA’s rules. However, TOMA requires three business days of advance notice for governmental bodies, which is not exactly the same as a flat 72-hour requirement. This difference shows that while the Legislature sought to mirror aspects of TOMA, LSLACs are not bound by its framework.
Modeled After SHACs, Not TOMA
SB13 also clarifies that LSLACs are not designed as traditional governmental bodies. Instead, they are modeled after School Health Advisory Councils (SHACs), which have operated in Texas schools for years. According to the Texas Education Agency (TEA), SHAC meetings are not subject to TOMA (TEA SHAC FAQ). Following that precedent, LSLACs fall under a similar category, community advisory groups designed to provide input, but not governed by the same statutes as elected boards.
Transparency Provisions in SB13
While not subject to TOMA, SB13 does include some transparency requirements of its own:
- Meetings must be recorded (audio or video).
- Recordings must be posted online by the school district within a reasonable timeframe.
- Public access is optional; the law does not require districts to open LSLAC meetings to the public, but it does not prevent them from doing so.
At TPEDF, we believe that the best practice is for all school districts to open these meetings to the public. True transparency builds trust between schools, parents, and communities.
The Bigger Picture
SB13 creates what can be described as a parallel transparency framework. It borrows elements of TOMA, such as advance notice and documentation, without fully applying the Act itself. This reflects the Legislature’s intent to encourage openness while treating LSLACs as advisory bodies, not governing boards.
This means LSLACs will provide a window into school library decision-making for families and community members, but not under the same legal structure as school boards or other governmental entities.
At the Texas Public Education Defense Fund, our mission is to ensure that transparency and accountability are upheld across all levels of public education. We strongly encourage districts to exceed the minimum requirements of SB13 by allowing public access to LSLAC meetings, ensuring that parents, educators, and communities remain partners in the decision-making process.
Disclaimer:
The information provided in this article is for educational and informational purposes only and does not constitute legal advice. For advice regarding specific legal matters or rights, readers should consult with a qualified attorney licensed in their jurisdiction.