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Iowa schools navigate library book law without state guidance
New law bans books with descriptions of sex acts from school library shelves
Aug. 6, 2023 5:00 am, Updated: Aug. 7, 2023 9:47 am
DES MOINES — Library restrictions in an Iowa law passed this year are causing headaches for school librarians and administrators as they prepare for the new school year, and many have said they want to see more guidance from the Department of Education to clear up uncertainties about the policy.
The law, passed by statehouse Republicans and signed by Gov. Kim Reynolds, makes a raft of changes to education policies in Iowa, including a provision that requires school libraries to only include "age-appropriate" material, and specifically bans any book that describes or depicts any of a list of defined sex acts.
Darwin Lehmann, the superintendent of both the Central Springs and Forest City school districts, said the districts have begun reviewing some of the books in their libraries and have set some aside for review. The districts are waiting for further guidance from the Department of Education, though, to make the final call.
Lehmann said the districts are setting aside books if there is any doubt about whether they comply with the law. District officials did not provide a list of titles set aside before publication.
“We're going to take an approach that if it's in doubt, we're going to do that until we get further guidance,” he said. “I would rather take that end because you got penalties in (2024). If you leave it out there, and then you happen to miss something then you get penalties on the other side. So we'll probably take the conservative approach and the safe approach until we get further guidance coming out of Des Moines in regards to that."
The law took effect July 1, but the Department of Education will only be able to penalize educators or administrators for violating the library restrictions starting Jan. 1.
Among the bill's other provisions are:
- Instruction related to sexual orientation or gender identity will be barred in kindergarten through sixth grade;
- Schools will need to notify parents if a student requests changing their name or pronouns;
- Schools must put their library catalog online and allow parents to review certain instructional materials, providing a policy to request removal of any classroom materials;
- The bill codifies parents’ rights and requires parents’ permission before a student takes a survey that asks about political affiliation and mental health problems, among other things.
Lehmann said he hopes guidance provides further distinction of the definition of “age-appropriate,” beyond the depiction of sex acts. He also said the department or legislators should clear up what exactly constitutes the instruction of sexual orientation and gender identity.
“I think schools will probably need to align with the values of their community, and make the best decisions based on where their community values have been and are," he said, noting those policies need to be "still in compliance with the law."
In the Aplington-Parkersburg school district, leadership has held an initial meeting to review the legislation and update board policies on libraries, said district superintendent Travis Fleshner, but they have not developed a list of books to remove.
“If slightly more guidance was available and available a little sooner that would have been helpful,” Fleshner said in an email.
The Iowa City Community School District said it is working with legal counsel to “get questions answered and ensure we are moving forward with a complete understanding of the new requirements,” it said in a statement provided to The Gazette Thursday.
Iowa City schools’ teachers will return to work on Aug. 17. “At that time, we will provide them with guidance on reviewing classroom and library materials to ensure compliance with the law,” according to the district statement.
Clear Creek-Amana Community Schools Superintendent Corey Seymour said the district also was consulting with attorneys and seeking clarification from state education officials before moving forward.
Iowa Department of Education officials have not promised more guidance around the law.
“As we get that feedback we’ll review it on a case-by-case basis and determine how to appropriately respond,” the department's legislative liaison Eric St Clair told the Iowa Board of Education on Thursday.
Board President John Robbins told St Clair he has heard from school districts there is confusion about implementing the law, and anything the department could do to address that would be “more than welcome.”
“There’s a lot of confusion, people in the field that I’ve talked to are looking at the (department) or somebody to provide directions,” he said. “Because right now people are kind of either guessing what is right or wrong, and not being in violation of the law.”
The Urbandale Community School District said this week it would pause its removal of nearly 400 books from shelves that may violate the law, narrowing down the list to 64 titles.
The district attracted attention when the nonprofit Annie’s Foundation published a list of titles sent to teachers and librarians for removal from school libraries and classrooms. The list also included books to be removed from elementary and middle school classrooms because they were believed to violate the ban on teaching about gender identity and sexual orientation.
In an email to staff and families on Monday, the district’s superintendent Rosaline Daca said it would not be moving forward with the larger list, and would also pause removing books that reference gender identity and sexual orientation until they receive further guidance from the Department of Education.
Republicans stand by their language
Republican lawmakers brought the bill forward this year after saying they heard concerns from parents in Iowa about the books present in some school libraries. The law contains similar provisions to laws passed in Missouri, Texas and Florida in recent years.
Republican Sen. Ken Rozenboom of Pella, the chair of the Senate Education Committee, said he does not believe the wording of the law — Senate File 496 — is unclear, and he does not understand why schools are confused about the prohibitions in the law.
“A sex act is very precisely written in Iowa Code. Any depiction or description of a sex act is prohibited,” he said. “It could not be more clear. I know everybody wants to muddy the waters; I do not know how it could be more clear.”
Rozenboom mentioned "Gender Queer" by Maia Kobabe, a graphic novel that includes nudity and depictions of sexual activities, as one book that should be removed from schools. On the other hand, he said that George Orwell’s “1984,” which was initially included on Urbandale’s list of books to remove from shelves, would not fall under the law’s prohibitions.
He said he hopes the Department of Education provides more guidance, but noted they will be going off the same language in the law that is already available to school administrators.
“I don’t know how to make that more clear,” he said. “The Bible doesn’t do that, ‘1984’ doesn’t do that … Seems to me like a tempest in a teapot a little bit.”
In a newsletter on Friday, Iowa House Speaker Pat Grassley said he believes Urbandale’s initial list of books was provided to make a political point.
House Education Committee Chair Skyler Wheeler, of Hull, in a statement provided in the newsletter, said the district was “playing a political game” and he does not believe deciding which books to remove should be hard.
“It’s unbelievable to me that some of these school districts are having such a hard time removing sexually explicit material from their library,” he said. “This is quite simple to me. Porn doesn’t belong in school libraries. Books that don’t contain porn can remain on the shelves.”
Worries about lack of guidance
Education and library advocates argued an overly broad interpretation of the law will deprive students of the opportunity to read books they otherwise would. They said where to draw the line is not clear, and in trying to avoid repercussions, schools will disqualify books that should not be removed under the law.
The Iowa Library Association and Iowa Association of School Librarians are advising teacher librarians to wait for more guidance from the Department of Education before taking any action on removing books from libraries. The organizations sent a letter to the department’s director, McKenzie Snow, last month, with several questions about the law, and have not received a response.
“Without guidance and under pressure licensee penalties, districts will be forced to make decisions that are most likely more restrictive than the letter of the law intended,” said Iowa Association of School Librarians Past President Michelle Kruse. “Iowa students deserve to be able to go to their school library and find books that are mirrors that reflect themselves and books that are windows that allow themselves to see the world.”
Sam Helmick, president of the Iowa Library Association, said they think state officials should provide more guidance, in part, to avoid the possibility of litigation over book removals. PEN America, an organization that advocates for library freedom, sued a Florida school district this year after it removed several books, citing First Amendment violations.
"I think questions need to be asked and answers need to be given," Helmick said. "I don't know what else could we do, I guess would be the question. Would it be not have directives and then make it up as we go, or try our best to develop criteria and then have that criteria questioned?"
Some removal decisions may be easy, others less clear
Matt Carver, legal services director for School Administrators of Iowa, said while some have interpreted the law to mean any book with a reference to a sex act must be removed from libraries or classrooms, “that’s certainly not the case and I don’t believe was the intention of the Legislature.”
“The mere reference to sex is not one and the same as a depiction of an act,” Carver said. “It’s going to be something that is more descriptive that’s going to be a violation.”
However, school officials still need to evaluate whether the material is age-appropriate.
For example, famous works such as "The Catcher in the Rye" and "The Color Purple” that reference sex and describe sexual violence and the ensuing trauma may be age-appropriate for high school students, but not elementary or middle school.
Even then, Carver said he is advising school administrators to encourage teachers to inform parents and guardians that a book or instructional material contains reference to a sexual act and seek approval to provide it to their child to read.
“There is some value in students reading about (sex and sexuality) and learning about it and how to cope and learn about things related to sexual assault, but leave the determination to parents,” he said.
That said, some books specifically discussed by lawmakers, including the memoirs "Gender Queer" by Maia Kobabe and "All Boys Aren't Blue" by George M. Johnson — which contain overt images and descriptions of sexual activity — clearly must be removed from school library shelves, Carver said.
“For those type of books, that’s a no-brainer,” he said. “Or, if you have a book not used for a health or human growth and development class that has drawings of sex acts, that’s a pretty easy decision to make. That’s a good starting point to say these books are not permitted in the school library, but they also need to consider what’s available to students” in classrooms and elsewhere in school buildings, and whether they’re appropriate for that grade level.
As for the law’s provision related to instruction on sexual orientation and gender identity in school, Carver said he’s offering similar guidance to a state law passed in 2021 that restricts teaching about race and sex discrimination.
Misunderstandings about that bill resulted in what some people believe was a chilling effect on teachings about topics of sexism, slavery, racial oppression, racial segregation and racial discrimination. than was necessary for compliance.
Rather than banning such instruction and discussion, the law references “stereotyping” and “scapegoating.”
Similarly, Carver said when addressing issues of sexual orientation and gender identity, school officials need to evaluate biases and whether the instruction or material is research-based.
“Is there some bias to one sexual orientation or one gender identity or another considered, in addition to age-appropriateness when it comes to actual instruction,” he said.
While the new law has broadened the scope of what’s considered obscene under Iowa law, Carver said that should not be interpreted by school districts to restrict access to materials students have traditionally and long had access to that have literary, scientific, artistic and educational value.
“The underlying recommendation is when in doubt … let the parents and guardians know and make the decision,” he said.
Comments: (319) 398-8499; tom.barton@thegazette.com
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