The CAVE (Citizens Against Virtually Everything) are at it again! Just when you might be questioning what to do with all your free time as a school administrator . . . what wait? You can now add “address angry complaints about library books” to your “to do” list. As you have probably noticed on social media and on the news, there are countless articles and buzz surrounding library and curriculum review policies. (For South Dakota examples, check out news articles here and here.) It’s a difficult subject to avoid, even for business managers who heard about the subject last week at the South Dakota Association of Business Managers Fall Conference. It also has been in the news legislatively, as the South Dakota Senate killed a book access bill earlier this year. We anticipate a similar bill will be brought this upcoming legislative session. What does this mean for our schools?
As of now, the law does not require a review of library materials policy. However, with the political pressure, districts may find it helpful to adopt a policy which lays out how the materials are selected and how materials may be challenged by concerned individuals and under which circumstances individuals may bring such challenges (Homework time!). Now is a great time for districts to review their complaint policies and also their public input policy for school board meetings as both of those policies may be implicated by current challenges to library materials. Also, we recommend contacting your school attorney to discuss constitutional and open meetings considerations prior to modifying any policy.
If your school is interested in a selection and review of library materials policy, KSB has drafted a sample policy for purchase. If you are a South Dakota policy subscriber, this policy was sent out as part of the annual updates in June 2023. Additionally, KSB School Law offers a South Dakota policy service for school districts. Our policies are drafted to be short, clear, and useful. Plus, any policy-related questions are free of charge, even if you call us in five years for advice or changes to a policy.
If you have any questions about the legality of library material review policies or would like to purchase the sample policy or policy service, please email ksb@ksbschoollaw.com or call us at (402) 804-8000.