JLARC report finds some school districts are incorrectly citing a 2022 law when removing books from libraries
The report found that school divisions have the authority to select and remove books from libraries, but some are misinterpreting a 2022 law to justify book removals.
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JLARC says some school districts are incorrectly citing a 2022 law when removing books from libraries
The Joint Legislative and Audit Review Commission (JLARC) presented a report to members of the General Assembly on Monday about books that are being removed from school libraries across Virginia. The report found that school divisions have the authority to select and remove books from libraries, but some are misinterpreting a 2022 law to justify removing titles.
The state has no authority over which books school libraries carry, and current law offers no guidance to divisions on how to manage library collections, according to JLARC. The Board of Education requires each school to maintain a library with materials that support instruction, research, inquiry and general student interest.
The law — which some school districts cited in JLARC’s survey as justification for book removals — requires schools to notify parents if their children’s instructional materials include sexually explicit content.
It does not require districts to remove books when a parent withholds consent; instead, schools are expected to provide alternative, non-explicit materials for those students.
The law applies to library books only if they meet the Virginia Department of Education’s definition of instructional materials, such as those assigned in class. It does not call for the removal of any instructional or other library materials solely because they contain sexually explicit content.
“That 2022 law doesn't necessarily prohibit sexually explicit content, and it certainly doesn't require even contemplating removing a book from a school library if it does include sexually explicit content,” said JLARC Associate Director Justin Brown, who worked on this study. “It's quite clear to us — the law requires parental notification when a library book or some other instructional material will be required, and then it gives parents the option to request alternative material for their individual child.”
Some lawmakers say that the misinterpretation was expected.