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After a recent investigation conducted pursuant to Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, the U.S. Department of Education’s Office for Civil Rights (“OCR”) expressed its concern that a racially and sexually hostile environment may have arisen as a result of the media center book screening process implemented by the Forsyth County Schools in Cummings, Georgia (the “District”) and that the District may have failed to ameliorate such hostile environment. Given the influx of school library book challenges across the country, OCR’s response in this case may be informative for those with questions about important considerations when addressing requests to remove books and other materials from school libraries.

In late 2021, the District received numerous complaints from parents and community members about books in media centers and classroom libraries (“school libraries”) that included (1) sexually explicit content and (2) LGBTQI+ content, some of which overlapped. The District’s Media Committee considered and rejected requests to (1) allow parents to provide permission to check out these books and (2) shelve LGBTQI+ books separately or put stickers on such books. The Media Committee instead approved a statement to be posted on the media centers’ webpages, which explained that the District’s media centers provide resources that reflect all students and that if families preferred that a child not check out a library book they should discuss it with their children.   

In January 2022, the Superintendent authorized, and the District removed from various school libraries, books it considered to be sexually explicit or pornographic. The District did not review or remove books based on LGBTQI+ content.

During a subsequent board of education meeting, several parents and students commented on the book removals. Some parents called for the removal of additional books, with most comments focusing on sexually explicit content, while others sought the removal of books for reasons related to gender identity and/or sexual orientation. Some parents also made negative comments about diversity and inclusion or critical race theory. The students’ comments reflected their concerns that the District had removed books based on the authors’ and/or characters’ gender identity, sexual orientation, race or color. Some students spoke about the negative impact of book removals on the school environment, particularly for LGBTQI+ students and students of color.

Ultimately, OCR expressed its concern that the District took “insufficient” steps to ameliorate the racially and sexually hostile environment that may have resulted from the book screening process. As such, OCR determined that a resolution agreement would be appropriate to resolve the issues OCR had identified. Among other actions, the District agreed to issue a statement to students in the District explaining the book removal process, acknowledging that “the environment surrounding the removal of books may have impacted students,” and offering supportive measures to students who may have been impacted by the book removal process.     

More information related to this OCR investigation can be found in the following links:

Please reach out to any member of our team with questions regarding book challenges and book removals in schools. Our team is also happy to discuss and/or review board of education policies or grievance procedures concerning this topic.

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Photo of Gwen J. Zittoun Gwen J. Zittoun

Gwen represents boards of education in relation to special education, Section 504, restraint and seclusion, student discipline, board policy development and revision, and general education matters. Gwen frequently speaks on education issues, including privacy and confidentiality of student information, bullying and Section 504.

Photo of Dori Pagé Antonetti Dori Pagé Antonetti

Dori Pagé Antonetti is a member of the School Law Practice Group where she represents a wide range of educational institutions, including both public and independent k-12 schools in a variety of education and employment law matters.  In her day-to-day representation of clients…

Dori Pagé Antonetti is a member of the School Law Practice Group where she represents a wide range of educational institutions, including both public and independent k-12 schools in a variety of education and employment law matters.  In her day-to-day representation of clients, Dori draws on her unique experience as a former educator for Teach for America.  This experience, coupled with her time as a hearing review officer for the New York City Office of Labor Relations, allows Dori to analyze issues from a practical perspective, which brings significant advantages to her clients.

Most recently, Dori’s practice has focused on assisting school districts and independent schools with various aspects of COVID-19 pandemic response and preparedness and return-to-school planning.  Dori has provided guidance on the requirements and implementation of ever-evolving federal and state laws and guidelines in various areas, such as employee leave, vaccine mandates, mask rules, health and safety protocols, telehealth, and sports-related issues.

Dori is a thoughtful attorney who has astute peripheral vision which allows her to help school clients identify legal issues and develop creative solutions.  She is attentive to detail, careful, and thorough.  Dori has extensive experience in policy development and review, and enjoys helping clients ensure that their policies and regulations are legally compliant, clearly written, and accomplish their intended purpose.  She also regularly advises schools on their obligations and responsibilities under the Family and Medical Leave Act and Americans with Disabilities Act.  For independent school clients, Dori has extensive experience drafting and revising enrollment contracts, faculty/staff handbooks, employment contracts and advising on issues such as truth-in-lending obligations, federal funding, vaccine policies and exemption issues.

Photo of Kelsey Scarlett Kelsey Scarlett

Kelsey Scarlett is a member of the firm’s School Law Practice Group, where she advises public and independent schools and colleges and universities on a variety of general education and labor and employment issues. Kelsey’s practice focuses on student discipline, Title IX and…

Kelsey Scarlett is a member of the firm’s School Law Practice Group, where she advises public and independent schools and colleges and universities on a variety of general education and labor and employment issues. Kelsey’s practice focuses on student discipline, Title IX and sexual misconduct, policy drafting, the rights of transgender and gender-minority students, complaints from the Office of Civil Rights (OCR), and employee and student investigations. She regularly attends Title IX seminars and has received ATIXA training.