Yesterday the Freedom to Read Act passed Assembly and will now go to the Senate to be voted on.    

What does the bill really say??? 

This bill requires local BOEs to adopt a policy on curation of library material, it discusses that the material be inclusive, and age and grade appropriate. The bill does discuss that material should not be excluded due to the “origin, background, or views of those contributing to its creation.”  

The bill requests there be a procedure for the library media specialist to review material on an ongoing basis.  

BOEs will need to adopt a policy regarding procedure for book removal requests.  

The local BOE will have control over this policy as a whole, but it must allow for a removal form that can be submitted by any person with a “vested interest” meaning any teaching staff, any parent or guardian in the district, or any student (so nonresidents can’t go around to different towns challenging books, which I think everyone can agree makes sense).

It requires  that the principal appoint a review committee within 10 days of receiving removal request, the committee consists of: Principal, school library media specialist or similarly trained staff, a representative selected by the BOE, at least one grade-appropriate teacher familiar with the library material, a parent or guardian of a student enrolled in the school district, if the individual who submitted the form is enrolled in grades nine through 12, a student enrolled in the district,   any additional members the principal deems necessary. The person who challenged the book will not be on the committee.  

The challenged book will remain in the library until a final decision is made.  

The review committee is to evaluate the removal form, review the material, and report recommendations on whether to remove the material within 30 days of receiving the form.  A copy of the report will be provided to the individual who filed the request, and the principal. The BOE is required to review the committee’s report and make a final determination on whether the material is to be removed.  

The BOE shall provide a written statement of reasons for, the removal or non-removal, any determination that goes against the recommendations of the review committee.  

A school library media specialist (LMS) or other staff that engages in actives covered by this bill, shall be immune from criminal and civil liability arising from good faith actions performed pursuant to the provisions of those sections (a librarian cannot be sued for simply doing their job). 

School LMS will have a civil cause of action for emotional distress, defamation, libel, slander, damage to reputation, or any other relevant tort, against any person who harasses the school library media specialist or any other teaching staff member for complying with the provisions of those sections. Some have argued that this “silences parents,” but no one has a first amendment right to defame or harass anyone. Everyone has a right to criticize books, that is why there is a book challenge process. That is absolute and protected by the first amendment. Once you start calling librarians pedophiles, groomers, pornographers, for the simple act of purchasing a book, you have crossed a line.

If the LMS is the prevailing party in the civil case, they will be entitled to an aware of attorneys feed and cost of lawsuit.  

The bill also includes a section that adds LMS has an “affirmative defense” to prosecution against the obscenity laws when they are in performance of their duties.  This is a big talking point amongst extremists, claiming that librarians are giving kids inappropriate books and that it violates obscenity laws.  Anyone who has been to a library knows that books simply EXIST in a library, librarians aren’t bringing children to the corner and handing them a book like Gender Queer unless it was asked for.  The idea that any librarian should be able to be charged criminally for doing their job is ridiculous.  

It is important to mention that there are provisions of the bill that clarify that the local BOE maintains control over both the curation and removal request policies. It specifies that local BOEs retain the authority and discretion over selecting any materials included in the school library. It also states that material will not include content that is inappropriate for the grade served by the library, The bill also does not restrict the BOE’s authority to select textbooks or supplies related to the curriculum. The bill protects the BOE from potential allegations of censorship by continuing to allow for the limitation or restriction of access to any material deemed developmentally inappropriate for certain students.

Read the bill here  

Listen to testimony here 

So, what is the history of book challenges in Roxbury?

Timeline:

Fall 2022: Let’s Talk About It was put behind the circulation counter and has required parental permission since. It is unclear when this book was formally challenged, it had been in the library since November 2021.

January 2023 – Gender Queer was challenged, it was reviewed and deemed appropriate to keep on the shelves. It had been in the library since July 2020.

March 2023 – The BOE meeting was held in which residents called the HS librarian horrid names.

May 2023 – Hundreds of people came to this BOE meeting to speak about books.  BOE member Milde called for a vote after midnight to remove 9 books, pending ‘review.” Remember no other books had been challenged so it was unclear what review would be needed.

June 2023 – This Book is Gay was challenged, put behind counter and requires parental permission.

July 2023 – Flamer, and Fun Home were challenged, both kept on shelves. 

No other books have been formally challenged.

This is a great example of why this bill is important. Schools need policy and procedure for evaluating books that are formally challenged. Let’s Talk About It is the book most commonly shared when people claim they want “inappropriate” books out of the library, yet this book has required parental permission for TWO years.

If people disagree with the books that have been challenged and kept in the library, they are free to prohibit their child from checking them out. No part of this bill prevents parents from keeping material from their own children. These parents do not have the right to make those decisions for all parents and families.

Most people who take the time to read Gender Queer, and Fun home, find them much tamer than described by those only sharing a page or two without any context.  Books must be evaluated as a whole. 

Context is important. That is why it is important for us to share not only context, but sources, like the link to the actual bill to read yourself.  

Remember, Facts, not Fear!