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Parental Advisory: Rated R for Reading

SB 13 created a number of requirements regarding the acquisition, retention, and elimination of library materials as well as defining the role of parents and the School Library Advisory Council in those processes. In keeping with this update’s theme of parental rights, this section will focus on parent’s rights regarding library materials. Parents now have the right to access the district’s library catalog, control what their student can access, and challenge district library materials.

In late August, TEA provided model policy language stating that districts shall develop and maintain “a catalog of all library materials which includes but is not limited to library materials in all school libraries, in all classroom libraries, and that are made available to students online.” The catalog shall include identifying information such as the title, author, and subject. The location of the material should also be provided and shall be searchable. This document should be housed on the district’s website in a prominent location and include a search feature. The model policy calls for annual update or upon acquisition of board approved materials or material removed by the board. See Guidance Document for SB 13 (89^th Texas Legislature). Notably, classrooms are prohibited from containing materials that are not listed in the district’s library catalog though this restriction does not apply to instructional materials held in classrooms. Librarians are charged with ensuring every classroom library is in compliance.

The inclusion of classroom libraries in this list was expected, but it makes application of this provision challenging. Inventories of library materials must now include every book in every classroom with the ultimate responsibility on librarians to ensure teachers do not have books that are not on the sanctioned list. As librarians do not have supervisory authority over teachers, enforcement seems challenging at best, but librarians would be advised to report a recalcitrant teacher to administration for disciplinary action.

Classroom libraries present a challenge to another provision of SB 12–the provision that allows parents to present the principal or designee a list of library materials the child may not check out or access outside the library by filling out an electronic op-out form housed on the district’s website. For districts that have learning management systems, such prohibitions may be input to preclude a student from checking out a prohibited book. However, classroom libraries often have a much less formal check-out system which could allow a student to circumvent this provision. Teachers may not know what titles are prohibited for which students and thus may run afoul of this provision accidentally. Additionally, districts are required to keep records of the titles students check out, the author, genre, and return date of the library material. As noted earlier, classroom libraries often lack this level of structure, but to comply with the new requirements districts need to formalize their practices.

Lastly, parents, employees, or any district resident may formally challenge or request that the district reconsider approval of any library material in the district’s catalog using the form proffered by TEA in its most recent update. The challenger must identify how it violates library standards under Tex. Educ. Code §33.021. Once challenged, the district shall prohibit students from accessing the challenged material until its been adjudicated. The challenge will then be presented to the Local School Library Advisory Council (“LSLAC”) or assigned subcommittee within 5 business days of the challenge, who then has 90 calendar days to make a decision. The LSLAC must make written findings to support its recommendation and explain the basis of each finding and forward to the board. The board must take action after the first open meeting after the 90^th calendar day following receipt of the written challenge or after the LSLAC has made a recommendation regarding the challenge, whichever is sooner.

If you have questions or concerns regarding the above topics, please do not hesitate to contact the attorneys at Leasor Crass, P.C.