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Slide 1: Professional Perspective/ Topic/ Audience

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Slide 1: Professional Perspective/ Topic/ Audience

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I am a secondary ELAR teacher and adjunct English professor with a strong interest in laws that are limiting and drastically changing books that can be taught in schools.

This legal guide will explore the issues around books in schools. This is an increasingly relevant topic as new laws are made every year recently limiting books. However, many of the laws at all levels are vague. This legal guide will analyze the legal percussions and exact limitations that the laws pose for ELAR teachers and their students.

The audience for this guide is ELAR teachers, ELAR department chairs, book list committees, and administrators.

I chose this topic because I am an ELAR teacher who has faced struggles with the books I have taught from parents. I have had to create last-minute rationales and be prepared for intense conversations that, as a new teacher, I had not been prepared for. This topic is crucial to explore in the legal context now more than ever as more proposed laws are under review and more laws are getting passed that limit students and teachers' right to literary freedom.

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In the process of diversifying picture books in her class, Wild (2023) states, "one of my preschoolers, who identified as Black, looked at the main character and commented, “He looks just like me" (pp. 739). The topic of book banning is important for students like this one, who deserve to see authors and characters in school that share their backgrounds, cultures, race, ethnicity, or etc., so that they can feel included and engaged. As ELAR teachers in Texas, we are becoming more and more limited in the books we can teach. The laws are clearly targeting diverse books (whether intentional or not), making our job of diversity, inclusion, engagement, and equity more difficult.

The most important issue that will grow from these laws on books is a gap in diversity education. For students, they are being censored and coddled in ways they should not be, and in ways that will fragment learning. Krebs (2022) makes clear that "children are already experiencing these effects: in fear of running afoul of these bans and their heavy sanctions, teachers are censoring themselves and school administrations are “diluting” their efforts to promote diversity, equity, and inclusion." So, students of minority groups will be the most heavily affected.

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PEN America

Friedman, J. & Johnson, N. F. (2022). Banned in the USA: The growing movement to censor books. PEN America. https://pen.org/report/banned-usa-growing-movement-to-censor-books-in-schools/

- PEN America is one professional association that advocates for freedoms of expression. Their recent research (2022) found that "Texas [has] 801 [book] bans, 22 districts."

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Texas banning more books than any other US state

Lopez, B. (2022). Texas has banned more books than any other state, news report shows. Texas Tribune. https://www.texastribune.org/2022/09/19/texas-book-bans/

- According to this article, (2022), Texas is "targeting titles centering on race, racism, abortion and LGBTQ representation and issues."

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Large amount of books removed in Texas schools

Hixenbaugh, M. (2022). Banned: Books on race and sexuality are disappearing from Texas schools in record numbers. NBC News. https://www.nbcnews.com/news/us-news/texas-books-race-sexuality-schools-rcna13886.

Hixenbeugh (2022) states, "Some titles were removed after parents formally complained, but others were quietly banned by the district without official reviews." Many communities in the state are banning and removing books that some parents simply don't like or agree with, leaving other families and students without a voice in the matter.

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Slide 6: Original Source of Federal or State Law

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Slide 6: Original Source of Federal or State Law

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SB13

Paxton. (2023). SB13. https://capitol.texas.gov/tlodocs/88R/billtext/pdf/SB00013I.pdf#navpanes=0

Statutory Law

https://capitol.texas.gov/tlodocs/88R/billtext/pdf/SB00013I.pdf#navpanes=0

- Not yet passed into law

- Schools must give parents the option at the beginning of each school year to receive notice each time their child checks out a library book.

- Schools must send email notice each time a student checks out a library book

- The local school library advisory council must remove books they determine as harmful or inconsistent with values

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Slide 7: Original Source of Federal or State Law

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Slide 7: Original Source of Federal or State Law

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HB900

Paxton. (2023). HB900. https://legiscan.com/TX/bill/HB900/2023

Statutory Law

https://legiscan.com/TX/bill/HB900/2023

- Librarians must remove books from school libraries with sexually relevant material

- Libraries must submit audits of every book in the library every Septembe

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Slide 8: Original Source of Federal or State Law

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Slide 8: Original Source of Federal or State Law

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Little vs. Llano County

United States District Court Western District of Texas. (2023, March 29). 22-424 - Little et al v. Llano County et al. Administrative Office of the United States Courts. https://www.govinfo.gov/app/details/USCOURTS-txwd-1_22-cv-00424

Judicial Law

https://www.govinfo.gov/app/details/USCOURTS-txwd-1_22-cv-00424

- Books cannot be weeded from a library because of content without due process

- Books that were removed must be put back immediately

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Slide 9: Original Source of Federal or State Law

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Slide 9: Original Source of Federal or State Law

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First Amendment

U.S. Const. amend. 1. https://constitution.congress.gov/constitution/amendment-1/#amendment-1

Constitutional Law

https://constitution.congress.gov/constitution/amendment-1/#amendment-1

- Congress cannot make laws that restrict the freedom of speech

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Slide 10: School or Organizational Policy

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Slide 10: School or Organizational Policy

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Midland ISD Student Handbook. (2022). Midland ISD.

https://www.midlandisd.net/cms/lib/TX01000898/Centricity/Domain/32/20222023%20Midland%20ISD%20Handbook%20English.pdf

Administrative Law

https://www.midlandisd.net/cms/lib/TX01000898/Centricity/Domain/32/20222023%20Midland%20ISD%20Handbook%20English.pdf

- Parents have the right to access teaching materials

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The responsibility to uphold academic freedom

Educators’ Code of Ethics, 19 Tex. Admin. Code § 247.2.

- According to the Code of Ethics, (19 T.A.C § 247.2.), "The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom." The aspect of this line worth emphasis is our responsibility as teachers to "safeguard academic freedom." The laws restricting books in schools are making this job more difficult for teachers because we can't teach, or have in our libraries, certain books. There is no freedom in academia if we don't allow our scholars, our students, to read.

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Harmful effects of book banning

Harrod, K. (2023). Book bans in Texas hurt youth and our democracy. The Dallas Morning News.

https://www.dallasnews.com/opinion/commentary/2023/03/07/book-bans-in-texas-hurt-youth-and-our-democracy/

Harrod (2023) states, "Sadly, Texas leads the way in banning books and censoring the ideas contained in their pages." This is one of many news articles that points out that Texas is a bit of an exception. Whereas most people view book bans as unpopular and unethical, Texas lawmakers are still actively banning books.

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Slide 13: Recommendations/ Best Practices

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Slide 13: Recommendations/ Best Practices

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Overall, the research above demonstrates that laws have been and are continuing to be made that ban books in schools, and while most stakeholders (students, parents, teacher, and community members) disagree with book banning, books are still being removed from school book shelves.

I have learned that the research overwhelmingly supports academic freedom and that teachers will continue to face a lack of respect in this profession by not being allowed to teach books they deem fit.

It has also been made clear who these book bans will impact the most: diverse student populations. Students cannot as easily relate to or engage with books by and about people who are only of one race and gender background.

Some recommendations for ELAR teachers in Texas to help reach these students, teach diversity, and promote inclusion in the face of book banning laws:

- Research what books can be taught.
- Create rationales and be prepared to defend book selection choices.
- Research and become familiar with the laws.
- Provide student choice in some of the books they read for class.
- Create and include more culture/diversity/ social justice related activities in class.
- Include as many diverse authors and characters as possible in the books in the curriculum.
- When diverse books are limited, teach diverse authors and characters in short stories, poetry, and nonfiction.

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Educators’ Code of Ethics, 19 Tex. Admin. Code § 247.2.

English language arts and reading K - 12 vertical alignment. (2017). Texas Education Agency. https://tea.texas.gov/academics/subject-areas/english-language-arts-and-reading/vertical-alignmentk-12english06-20190.pdf

Friedman, J. & Johnson, N. F. (2022). Banned in the USA: The growing movement to censor books. PEN America. https://pen.org/report/banned-usa-growing-movement-to-censor-books-in-schools/

Harrod, K. (2023). Book bans in Texas hurt youth and our democracy. The Dallas Morning News.

https://www.dallasnews.com/opinion/commentary/2023/03/07/book-bans-in-texas-hurt-youth-and-our-democracy/

Hixenbaugh, M. (2022). Banned: Books on race and sexuality are disappearing from Texas schools in record numbers. NBC News. https://www.nbcnews.com/news/us-news/texas-books-race-sexuality-schools-rcna13886.

Krebs, M. L. (2022). Can’t really teach: CRT bans impose upon teachers’ first amendment

pedagogical rights. Vanderbilt Law Review, 75(6). https://eds-s-ebscohost-com.easydb.angelo.edu/eds/pdfviewer/pdfviewer?vid=2&sid=c079b40f-264d-4bd4-8ba5-e0787a5b5d4f%40redis

Lopez, B. (2022). Texas has banned more books than any other state, news report shows. Texas Tribune. https://www.texastribune.org/2022/09/19/texas-book-bans/

Midland ISD. (2022). Midland ISD student handbook.

https://www.midlandisd.net/cms/lib/TX01000898/Centricity/Domain/32/20222023%20Midland%20ISD%20Handbook%20English.pdf

Paxton. (2023). HB900. https://legiscan.com/TX/bill/HB900/2023

Paxton. (2023). SB13. https://capitol.texas.gov/tlodocs/88R/billtext/pdf/SB00013I.pdf#navpanes=0

Wild, N. R. (2023). Picturebooks for social justice: creating a classroom community grounded in identity, diversity, justice, and action. Early Childhood Education Journal, 733–741. https://doi-org.easydb.angelo.edu/10.1007/s10643-022-01342-1

United States District Court Western District of Texas. (2023, March 29). 22-424 - Little et al v. Llano County et al. Administrative Office of the United States Courts. https://www.govinfo.gov/app/details/USCOURTS-txwd-1_22-cv-00424

U.S. Const. amend. 1. https://constitution.congress.gov/constitution/amendment-1/#amendment-1