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Obscene Materials TEA Sample Model Policy
Obscene Materials TEA Sample Model Policy
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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.
EFB(LOCAL)
LEA
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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.
EFB(LOCAL)
LEA
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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.
EFB(LOCAL)
LEA
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EFB(LOCAL)
LEA
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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).
EFB(LOCAL)
LEA
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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.
EFB(LOCAL)
LEA
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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.
EFB(LOCAL)