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LEA

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Library Materials EFB


(LOCAL)

Definitions Instructional materials are defined by Texas Education Code


§31.002 as content that conveys the essential knowledge and skills
of a subject in the public school curriculum through a medium or a
combination of media for conveying information to students.
For purposes of this policy, library materials, whether held in a formal
school library or in a classroom, are defined as electronic, print, and
nonprint resources, excluding textbooks, for independent use by stu-
dents and faculty outside of the District's core educational program.
While instructional materials and library materials are both consid-
ered instructional resources, they are not the same, and the terms
shall not be used interchangeably.

Objectives Since school and classroom libraries are viewed as places for vol-
untary inquiry, library materials must be treated differently from in-
structional materials used in classroom instruction. This policy pro-
vides criteria for the selection, removal, and replacement of library
materials, focused on maximizing transparency with parents and
community members while meeting student needs to provide sup-
plemental enrichment in their learning with appropriate materials.
Through the provision of these library materials, the District shall
recognize that parents hold an essential role in the education of their
children and have the right to guide what their children read.
The District shall apply the standards, dimensions, and expecta-
tions as defined by rule 13 TAC §4.1, and any related guidance in-
cluding the Texas State Library and Archives Commission’s Guid-
ance for School Libraries on Collection Development, as well as
the School Library Programs: Standards and Guidelines for Texas
to evaluate and set goals for the school library collection in align-
ment with board-approved policies and procedures.
Avoiding In addition to the above criteria for selection, all material should be
Inappropriate appropriate for students. Texas Penal Code §43.24(a)(2) describes
Material harmful material as material whose dominant theme taken as a
whole: (1) appeals to the prurient interest of a minor, in sex, nudity,
or excretion; (2) is patently offensive to prevailing standards in the
adult community as a whole with respect to what is suitable for mi-
nors; and (3) is utterly without redeeming social value for minors. It
is an offense in Texas to distribute this material in violation of Texas
Penal Code §43.24(b). No library material shall be used if it con-
tains content that can meet the harmful material standard. Finally,
collection development policies must demonstrate a commitment
to compliance with the Children’s Internet Protection Act (CIPA) as
specified in 47 U.S.C. §254(h)(5), including technology protection
measures.

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Responsibility for The legal responsibility for the purchase of all library materials is
Selection vested in the Board. The board will provide final approval for all
new materials added to the library. Recommendations for new ma-
terial and reorders of existing materials shall be made by the dis-
trict-level library supervisor or similar administrator designated by
the Superintendent. This individual, with the assistance of other
school personnel, shall discharge this obligation consistent with the
Board's adopted selection criteria and procedures.

Criteria for Selection The district-level library supervisor or designated administrator


shall work cooperatively with library staff, faculty, and the admin-
istration to interpret and guide the application of this policy in mak-
ing selections. To ensure parental engagement, the District shall
make the selection process of library materials readily available for
parental review, with a list of all library materials posted on-line on
the district’s website, and the content of all materials available for
direct review during reasonable hours specified for such review.

Each item selected shall:


1. Support and enrich the curriculum and/or students’ per-
sonal interests and learning;
2. Meet high standards in literary, artistic, and aesthetic qual-
ity; technical aspects; and physical format;
3. Be appropriate for the subject area and for the age, intel-
lectual development, and ability level of the students for
whom the materials are selected;
4. For non-fiction resources, incorporate accurate and authen-
tic factual content from authoritative sources;
5. Earn favorable reviews in standard reviewing sources
and/or favorable recommendations based on preview and
examination of materials by professional personnel;
6. Balance cost with need.

In addition to the above criteria, fiction, narrative nonfiction (mem-


oirs and biographies), and graphic novels must each meet the fol-
lowing selection criteria, with the District determining that such
materials:

1. Are integral to the instructional program.


2. Reflect the interests and needs of the students and faculty.
3. Are appropriate for the reading levels and understanding of
students.
4. Are included because of their literary or artistic value and
merit.
5. If narrative nonfiction, present information with the greatest
degree of accuracy and clarity.

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Prior to any material being selected for inclusion, a library material


shall have been read, reviewed, and recommended for inclusion by
the district-level library supervisor or individual(s) designated by
that supervisor. If more support and/or resources are needed for
this review, the Board may approve the engagement of a coopera-
tive of other Texas public schools and rely upon the recommenda-
tion of that cooperative.

Acquisition The district-level Library supervisor or designated administrator


Procedures shall select material based on their own expertise and solicit rec-
ommendations from others. Recommendations for library acquisi-
tions shall involve administrators, teachers, other District person-
nel, parents, and community representatives, as appropriate.

Selection of materials is an ongoing process that includes the re-


moval of collections deemed by the Board or its delegates to be no
longer appropriate and the periodic replacement or repair of mate-
rials still of educational value.

School library materials orders shall be approved by the District-


level library supervisor or designee, for both orders at the district
and campus level.

When acquiring new library material content not previously ac-


quired, the District-level librarian or designee shall submit a list to
the Superintendent for inclusion in a board agenda. The Board
shall be provided the list at least thirty days prior to action.

Individual board member review. If any board member questions


or desires further information on any title or author, he/she shall
contact the Superintendent at least fifteen (15) days before board
action. The Superintendent or designee shall then contact the dis-
trict-level library supervisor to obtain copies of professional re-
views of any library material in question. If so desired, the board
member can obtain a copy of the library material from another
source.

Board action. The order for library materials in its entirety, includ-
ing any materials in question by individual board members, shall
be presented to the Board following the 30-day review period.
Prior to voting, individual Board members shall have an oppor-
tunity to present their rationale for desiring to exclude certain
books from the order, with amendments to the proposed list con-
sidered either as a group or individually, depending on board ac-
tion. After Board approval, the final list shall be processed for or-
der. As the new materials are received, they shall be checked
against a master list of materials ordered.

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The selection and acquisition of the digital library collection will


follow the same policies and procedures as the physical library
collection. The district shall ensure that the method by which stu-
dents access the digital library will allow students only to access
age/grade-appropriate content. The curator will apply access lev-
els by consulting the peer-reviewed recommended age group,
District librarians, and educators. Access levels shall be applied
as:

Recommended Grade Content Access


Ages Span Level
4-10 PK-5 Juvenile
11-13 6-8 Middle School
14+ 9-12 High School
Adult 9-12 High School

TexQuest digital resources. TexQuest is the Texas State Library


and Archives Commission’s (TSLAC’s) electronic instructional re-
sources program for public schools. District participation in Tex-
Quest is voluntary. TexQuest is supported by the Texas Legisla-
ture and by participation fees paid by school districts and open
enrollment charter schools. TSLAC administers all aspects of
the TexQuest program and coordinates with districts on the imple-
mentation and management of any TexQuest resources the dis-
trict or school system selects to make available for its students.

TSLAC licenses resources for the TexQuest program following


state procurement practices and with opportunities for community
input. Professional librarians evaluate resources for inclusion in
the program based on the TexQuest Collection Development Pol-
icy and actively manage the resulting contracts. Use of any or all
TexQuest digital resources and e-books remains a Board deci-
sion.

Challenge A parent of a District student or any District resident may formally


Procedures challenge library material used in the District’s educational pro-
gram on the basis of appropriateness. The school receiving a
complaint about the appropriateness of a library material shall try
to resolve the matter informally through a telephone conference or
meeting between the complainant and the school librarian, desig-
nated campus administrator, or District-level library supervisor.
The conference may also include other necessary staff members
as deemed appropriate by district-level library personnel.

If the complainant wishes to file a formal request for reconsidera-


tion, a copy of the “Request for Reconsideration of Library

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Materials” form shall be provided to the complainant by district-


level library supervisor or appropriate administrator. The following
shall apply:

1. All formal concerns regarding library materials shall be sub-


mitted on the form provided by the District and shall submit
the completed and signed form to district-level library super-
visor or designated administrator.
2. The District-level library supervisor shall appoint a reconsid-
eration committee within ten business days that shall review
the challenged material and determine whether it conforms
to the principles of selection set out in this policy.
3. The reconsideration committee shall include both district and
campus-level professional staff, including at least one mem-
ber who has experience using the challenged resource with
students or is familiar with the content of the challenged ma-
terial, and two parents of students. The Superintendent or
designee shall chair the committee.
4. The total voting committee membership shall be an uneven
number. The complainant will not be a member of the com-
mittee, but the complainant’s written submission will be
thoughtfully considered by the committee.
5. Prior to the committee meeting, each committee member will
read a copy of the library material in question.
6. All committee members shall review the submitted written
concern.
7. The committee will review all items on the Checklist for Re-
consideration of Library Materials.
8. After working through the checklist for reconsideration of
library materials and any deliberations the committee
feels necessary, committee members will vote on the dis-
position of the library material being considered.

The major criterion for the final decision on challenged library ma-
terial is the appropriateness of the resource for its intended edu-
cational use. The plurality opinion in Bd. of Educ. v. Pico, 457
U.S. 853 (1982) uses the standard that no challenged instruc-
tional resource shall be removed solely because of the ideas ex-
pressed therein. The opinion allows the removal of materials be-
cause they are pervasively vulgar or based upon the lack of
educational suitability of the library material. Further, making a
determination of appropriateness will include a review of and com-
pliance with 47 U.S.C. §254(h)(5), Texas Penal Code
§43.24(a)(2), and Texas Penal Code §43.24(b).

When the committee has reached a decision, the appropriate Dis-


trict-level administrator shall notify the complainant. The decision
shall be in written form, dated, and provided to the complainant

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within ten (10) District business days of the committee’s meeting.


All other appropriate staff members will be informed of the recon-
sideration and the outcome.

A specific library material that completes the formal challenge pro-


cess and remains in the library will not be reconsidered within one
year of final determination, and any material removed will not be
eligible for consideration to be added again for at least 10 years.
The district shall verify previous decisions prior to convening a re-
consideration committee.

As noted above, TSLAC administers all aspects of the TexQuest


program and has adopted policies for the selection and manage-
ment of TexQuest resources. Challenges to material provided
through the program would follow the TSLAC TexQuest Content
review process.

Appeal of Reconsideration Committee. The complainant may ap-


peal the decision of the reconsideration committee by filing the
appropriate district grievance form (FNG or GF).

Opportunity for In recognizing that parents hold an essential role in the education
Parent Review of their children and have the right to guide what their children read,
each library shall maintain a printed list of materials onsite and on
the school library website that shows what has been selected as
well as what is slated for acquisition. The Superintendent, or des-
ignated District-level administrator, will offer a “Parent Preview” at
least ten days before books are to be placed on the shelves, once
in the fall and once in the spring. Audio-visual materials are to be
made available to parents for in-person review, upon request, on
the same basis as printed materials are made available.

Other Parental In school libraries, students are afforded the opportunity to self-
Considerations select texts as part of literacy development. While librarians are
trained in selecting materials in accordance with Board policy and
the outlined selection criteria and may provide guidance to stu-
dents in selecting texts, the ultimate determination of appropriate-
ness lies with the student and parent.

School librarians, or designated campus administrators, are to en-


courage parents to share any considerations regarding their stu-
dents’ book selections. Parents may contact the campus librarian
directly and/or complete an online form for library book opt-out de-
cisions. School librarians will accommodate individual requests by
parents, within reason, which may include restricting specific titles
or books.

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Criteria for Gifts and Gifts and donations to the school library or classroom libraries are
Donations accepted with the understanding that the decision for use and dis-
position of the materials and/or funds will be determined using the
same selection criteria as purchased materials. All materials
should support the curriculum and needs of library users. Gifts
and donations, like purchased resources, will be removed from
the collection at the end of their useful life. Gifts and donations will
be subject to the acquisition policy and process for approval be-
fore including in the school library collection or in a classroom li-
brary.

Routine Review and Bi-annually, the District-level library supervisor shall collaborate
Removal of Materials with campus library personnel and administration to conduct an
inventory of the school library collection and equipment. The in-
ventory can be used to determine losses and remove damaged
or worn materials which can then be considered for replace-
ment. The inventory can also be used to deselect and remove
materials that are no longer relevant to the curriculum or of in-
terest to students. Additionally, the District-level library supervi-
sor should develop a collection maintenance plan that includes
systematic inspection of materials that would result in removing
outdated, damaged, or irrelevant materials from the collection.
All materials removed from the collection shall be disposed of
in accordance with the District’s property disposal procedures.
Incorporated into this routine review and removal of existing in-
ventory, the District shall create an ongoing cycle to review
content existing in circulation.

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