Who can challenge books in Wicomico schools? Board adopts new policy

In a 4-3 vote Tuesday, the Wicomico County Board of Education passed a new banned materials policy regarding stipulations on who can challenge school materials.

The Media Resource Selection & Review Policy now limits those who can challenge materials in schools to only those with current students enrolled in county schools. According to the policy, "media resources" means those resources which include, but are not limited to, books, online resources, periodicals and video/audio recordings purchased for and/or housed in school media centers.

The policy also notes new media resources are selected using various methods, including, but not limited to student/parent recommendations, staff recommendations and/or curriculum-supported materials. Before purchasing, or accepting as a gift, media resources will be reviewed or selected by a certified Library Media Specialist, following the general criteria outlined and any additional criteria established by the Superintendent of Schools or their designee.

Proponents of the policy regard the measure as a means of including only stakeholders in the topical decision on what materials are allowed in schools. They also contend such moves keeps those without students enrolled in county schools from imposing a political agenda on their children's education.

"I'm not pursuing a political (agenda). I'm doing my job to provide a safe learning environment and experience for students in county schools. Obscenity and vulgarity aren't protected by First Amendment rights. When you look at the community involvement when selecting a superintendent, it involves everyone," said John Palmer, a member of the Wicomico Board of Education who opposed limiting the policy to only those with currently enrolled students.

Palmer added concerns about non-stakeholders flooding the county's board of education with review requests on school materials was purely "subjective" at best.

According to constitutional scholars responding to recent challenges by school boards across the nation citing obscenity concerns in school materials, "most forms of obscenity are protected by the First Amendment. However, there is a high threshold that must be met in order for obscenity not to be protected, which includes showing that the language appeals to the prurient interest in sex, that it depicts something that is considered patently offensive based on contemporary community standards and that it lacks serious literary, scientific or artistic value."

Citing the increased examples of various local school boards across the country banning materials by non-stakeholder groups during public comment, local parents of enrolled students and proponents of the new policy added many of the books on banned lists are efforts to silence only minority voices and perspectives.

A motion by some board members to remove the vote on the Media Resource Selection & Review Policy and Selection and Review of Curriculum and Instructional Materials Policy from the meeting's agenda failed to pass, leading to the adopting of the policy.

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Cass Dasher, vice president of the board for the Salisbury Chapter of the PFLAG, a gay rights advocacy group and Worcester County librarian, underscored the need for access to a variety of books in schools.

"I have read the new policy and found it's solid, fair, and well-balanced that prioritizes parent voices and acknowledging and utilizing the expertise of library and education professionals. It also aligns well with the American Library Association's suggested best practices for such policies," Dasher said.

Dasher, along with other members of the public, praised the measured and comprehensive reconsideration measures.

"Passages should not be pulled out of context and merits of the work should be weighed against each other based on the materials as a whole. Also challenged materials shouldn't be removed from the shelves while it's under reconsideration," Dasher said.

Also noted was the use of general book lists containing challenged titles available online which parents can simply copy and paste in review requests about materials which may or may not be in school libraries. Such blanket approaches to complaints, proponents argued, are disingenuous and not guided by local stakeholders.

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'My ability to protect my granddaughter also applies'

Others like Lynn Mitchell, who has grandchildren in county schools, noted legislation like the proposed House Bill 355 are important to protecting children from obscene materials to minors. Under the proposed legislation, school libraries would undergo periodic checks to ensure such materials would not be in schools.

Those found guilty of the crime would face fines and jail time.

"We push back and hold all these parties responsible for all the indoctrination and hedonism in this material. Based on the First Amendment, my ability to protect my granddaughter also applies. She should not have access to certain books they are also reading," Mitchell said.

Board member Kristin Hazel noted the public was prolific in reaching out to the board saying all the written testimony on the matter has been reviewed. She did not rule out the issue being brought before the school board again if related state laws successfully pass during this term of the state's General Assembly.

"Since there were so many changes to this policy by the people, I thought it best to discuss it as a group. The best place for that was a public work session. We could not get one before the vote today. There were 54 comments and 40 emails received, and I think they all deserved to be heard in an open work session," Hazel said.

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How Wicomico Board of Education members voted

Voting saw Gene Malone, Jr., Allen C. Brown, Sr., Bonnie Ennis and David Plotts voting yay. Nay votes were John Palmer, Kristin Hazel and Susan Beauchamp.

This article originally appeared on Salisbury Daily Times: Banned materials policy limits who can challenge books in Wicomico