Book challenges

We were recently reviewing our reconsideration procedure and form. One of my trustees has completed a training on book bans and challenges. The presenter (Jamie LaRue) recommended that the library requires the book (or item) have been read (viewed or listened to) fully by the patron in order to submit a request.

This question threw me into an existential spiral.

Unlike most existential spirals I get hit with these days,[1] this one was fairly pleasant; I got to think about New York State Education Law, due process, and library plans of service.

Here is how it went down:

My school district public library system just reviewed a new (April 25th, 2024) NY Education Department Decision by the Commissioner, addressing the proper procedure for evaluating school library books. What does this decision mean for school libraries and school library systems?

The member is referring to NYSED Commissioner Decision #18,402, which resolved an appeal related to books in a school library.

Within the context of recent regional school book challenges, much of the attention has been focused on print collections. However, librarians and school districts have started to look at digital content, too.

The answer is "Yes."

Of course, behind that answer is layer after layer of complexity.

Is there professional insurance for librarians? Given the book-banning lawsuits, do librarians and library workers need additional insurance to cover possible lawsuits? Other states have passed laws fining library workers $10,000. Besides the library's D and O insurance, do librarians and library workers need additional insurance coverage?

There are many types of insurance, and many types of "exclusions" to risks covered by insurance.

Because of this, there is no one answer to this question.  A library can have "general commercial liability" and "D&O", and "E&O", and "professional liability" coverage...and could still not have coverage for a claim related to library content.

NOTE: On 5/13/22, Erie 1 BOCES hosted a program[1] regarding school library materials management.  That same week, the Erie County Bar Association hosted a CLE on the same topic[2].

DO ensure your school district library system, school district, or school has a robust and well-thought-out "school library materials policy"[1] ("Policy") governing selection, procurement, cataloging, lending, concerns, re-evaluation, and removal of library materials.

In a local school district, multiple books have been challenged recently. This week, the School Board received an email from a community member referencing record keeping for library materials and electronic records retention.

In speaking to different libraries about being prepared for book challenges, I have repeatedly stressed one very important element: have your policies ready.

This question shows the depth of consideration that goes into that simple requirement.

A recent article appeared in a local newspaper that was describing the local efforts of a group called Moms for Liberty to have certain books removed from school libraries because the group consider the titles to be inappropriate for school age children.

I am writing this on May 23, 2023.