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From TexasISD.com Preventive Law
How Can School Boards Remove Unsuitable Books from School Libraries?[1] If you have not yet had a book challenge, just wait. In school year 2006-2007, 67 districts had some sort of challenge to library books or teaching materials.[2] Common reasons for challenging library books include profanity, violence, sexual content, and religious viewpoint. Perennially controversial books such as The Adventures of Tom Sawyer and To Kill a Mockingbird are still challenged today, but sticking to “safe” materials won’t always protect a school from challenges. Even Dr. Seuss was challenged in 2006-2007! Knowing the current law and following policies in place to deal with a materials challenge can turn a potentially volatile and divisive situation into one that follows a regular, established procedure. The ultimate goal is to provide high-quality reading and information materials to support student achievement. As this column has discussed on previous occasions, students have First Amendment rights that are protected even in the school environment.[3] Schools are able to regulate speech when it disrupts the educational process, but schools may not limit viewpoints available to students so much that school becomes an “enclave[] of totalitarianism.”[4] While a school has absolute discretion on matters taught within the classroom, the Supreme Court has held that the school library is a place in which students may encounter many differing views on various topics as part of voluntary inquiry.[5] In Board of Educ., Island Trees Free Union Sch. Dist., No. 26 v. Pico, the Supreme Court was faced with a situation in which a school board removed from the secondary libraries a group of books the Board believed were “anti-American, anti-Christian, anti-Sem[i]tic, and just plain filthy.”[6] The books had been called to the attention of the Board by a group of conservative parents who objected to the presence of the books in schools. Overruling the Superintendent who wished to follow the existing Board policy on challenged materials, the Board appointed its own committee to read the books and report on their suitability. The Board rejected the committee findings that some of the books be retained and two be withdrawn, and substituted its own findings, allowing only one of the books back into the libraries without restrictions and one with parental approval. Students who were deprived of access to the materials sued. In a fractured decision that garnered no majority of justices, a plurality of the Supreme Court overturned the Board action, saying that the optional nature of library materials was a significant factor in what actions a school board could take to limit access to books. The Court also emphasized that the books had been originally placed in the library in accordance with district criteria to which the Board had not objected. The Court commented that the school library is the place “to inquire, to study and to evaluate, to gain new maturity and understanding,” Therefore, outside of set curriculum, the Board could not “prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.”[7] Within the rule of Pico, schools may establish selection polices that guide what materials may be purchased for the libraries as long as those policies are not “exercised in a narrowly partisan or political manner.”[8] TASB model policy EFA (LEGAL) sets the stage by echoing the Supreme Court holding in Pico. The model local policy (see, TASB model policy EFA (LOCAL)) establishes who may make selections and what criteria are to be considered when making selections. Typically, selection policies not only include curriculum support materials, but they also allow purchase of recreational reading resources to give students attractive materials to encourage leisure reading practice, and informational materials to support intellectual curiosity. Note that the model policy emphasizes representation of multiple viewpoints on controversial issues. In addition, a comprehensive policy requires that donated materials be evaluated on the same criteria as purchased materials to avoid possibly questionable or inappropriate items. Once materials are purchased according to the selection policy, an even-handed reconsideration policy that could show a book was vulgar or educationally unsuitable for the grade level at which it was placed would be a permissible means to remove such materials from the library. Having all members of the reconsideration committee actually read or view the material in its entirety is essential to assess the potential value of challenged materials. Logical, detailed procedures to handle a reconsideration request, along with respectful treatment of the challenger in the process are essential for a successful resolution. If a challenge is taken all the way to the School Board, the motivation of the Board in removing the books would be the key in an assessment. If the motive is disagreement with the ideas expressed, the removal is unlikely to pass Constitutional muster. What Legal Issues for Cheerleader & Drill Team Sponsors Sessions February 2008 This information packed session will provide practical advice for handling often encountered situations by cheerleader and drill team sponsors.
Visit http://www.edlaw.com/training_cheerleader.html for more information and to register online. Construction Essentials Workshop Sessions February - March 2008 If your district wants to build, you need to start out with the right foundation. Attend these one hour webinar sessions from the comfort of your desk or conference room. You can participate by yourself or share the sessions with others in your district. All you need is a computer, an internet connection and a telephone.
Visit http://www.edlaw.com/training_registration_constwebinars.html for more information and to register online. [1] This article will only address print materials in school libraries. Filtering Internet access has its own requirements that are beyond the scope of this article. [2] Free People Read Freely: the 11th Annual Report on Banned and Challenged Books in Texas Schools, 2006-2007 3 (ACLU of Texas 2007), available at http://www.aclutx.org/files/Banned%20Books%20Report%202007.pdf. The ACLU of Texas annually collects and publishes data on challenged materials in [3] See, e.g., The Confusion about Student Distribution, TexasISD.com, Mar. 2, 2007, http://www.texasisd.com/article_55684.shtml [4] Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 [5] Bd. of Educ., Island Trees Union Free Sch. Dist., No. 26 v. Pico, 457 [6] [7] [8]
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