New School Library Guidelines Detailed

In the aftermath of new state rules on school library book content, La Grange ISD Superintendent Andy McHazlett gave an update to the school board last week on creating a system to be able to make sure that the books that are on the library shelves are appropriate.

He stated that parents have always had the right to have their students opt out of an activity that they feel is inappropriate.

The Texas Education Code (TEC) policy states, “A parent can demand that a book not be made available to the child. A parent is entitled to remove the parent’s child temporarily from a class or other school activity that conflicts with the parent’s religious or moral beliefs if the parent presents or delivers to the teacher of the parent’s child a written statement authorizing the removal.”

He continued with his report that there is new legislation that is called The READER Act, (Restricting Explicit and Adult-Designed Educational Resources.) House Bill 900 which relates to the regulation of library materials sold to or included in public school libraries has been signed by the governor. It will take effect for the 202324 school year.

There are some amendments to TEC 33.021 concerning LIBRARY STANDARDS. TEC 33.021 states that “The Texas State Library and Archives Commission, in consultation with the State Board of Education, shall adopt standards for school library services. A school district shall consider the standards in developing, implementing, or expanding library services.” One of the amendments mandates standards. The mandated standards are as follows: The Texas State Library and Archives Commission, in consultation with SBOE (State Board of Education) shall adopt standards for school library collection development that school districts shall adhere to for materials in libraries, classrooms, and online catalogs. These standards must: 1. Prohibit the possession, acquisition, and purchase of material that is harmful, sexually explicit, pervasively vulgar, or educationally unsuitable.

2. Recognize that obscene content is not protected by the First Amendment.

3. Recognize that parents are the primary decision makers regarding a student’s access to library materials.

4. Encourage schools to provide library catalog transparency.

5. Recommend effective communication between schools and parents.

6. Prohibit the removal of material based solely on ideas or the background of the author or characters.

The TEC is requiring a rating of library materials, limiting sexually explicit (describes, depicts, or portrays sexual conduct) and sexually relevant (describes, depicts, or portrays sexual content in a way that is patently offensive) material and requiring biannual district review of library materials.

The ratings will come from library vendors who must issue appropriate ratings on sexually relevant and sexually explicit material. TEA may “correct” a vendor’s rating. Vendors cannot sell sexually explicit material to schools and must identify and recall sexually explicit materials previously sold to schools.

Students may reserve, checkout, or otherwise use sexually relevant materials outside of the library only with prior written parental consent.

All sexually explicit materials will be banned from school libraries.

What is considered patently offensive?

• The explicitness or graphic nature of a description or depiction of sexual conduct.

• Whether the material consists predominantly of or contains multiple repetitions of depictions of sexual or excretory organs or activities.

• Whether a reasonable person would find that the material intentionally panders to, titillates, or shocks the reader.

Mahazlett said, “We have been told that this is a huge work in progress and that some of the terms and definitions will change along the way.”

The district must have a biannual district review. This means that no later than Jan. 1, 2025 and in each subsequent odd numbered year, each public school district and open-enrollment charter school must:

• Review all library material rated as sexually relevant.

• Determine in accordance with district policies whether to retain each material.

• Post a list of sexually relevant material on the district website and/or at the administration building.

Mahazlett stated, “This is a massive undertaking by a few people.”