Library Books Challenge; Recommendation and Decisions

As a result of public comments during the Fairfax County School Board meeting on September 26, 2021, two books were submitted to a book challenge under Regulation 3009. In both cases, the challenges were found to be without merit. 

Read about the outcome and what it means for FCPS.

Lawn Boy by Jonathan Evison (2018) Owned by 12 high schools

Gender Queer: A Memoir by Maia Kobabe (2020) Owned by 7 high schools

The challenge of these texts was submitted to the assistant superintendent of Instructional Services as outlined in Regulation 3009. The initial challenge was initiated by staff and joined by two additional parent challenges.

Circulation of both books was immediately suspended while the review was conducted. 

Two review committees, led by our library services coordinator, were convened. Each committee included two teachers, two parents, one school-based administrator, one member of the ECR team, and two high school students. Each year, Instructional Services identifies potential committee members for this purpose by working with our schools and regions. The committee members were randomly selected from the list, although all students selected were 18 years of age given the concerns.    

The committee was asked to put forward a recommendation to the assistant superintendent of Instructional Services who made the decision in November 2021. 

Below are the recommendations of the two committees:                                                                                                                                                                     

Review Committee Recommendation, Gender Queer: A Memoir

Per Regulation 3009, a committee made up of a high school administrator, two high school librarians, two parents of high school students, two high school students, and a specialist from the Office of Equity and Family Engagement met on October 26, 2021 to review the request for reconsideration of the book Gender Queer: A Memoir by Maia Kobabe and its inclusion in FCPS libraries.

Each member read the book in its entirety and reviewed the submitted reconsideration forms and packet of information provided. After deliberate and lengthy discussions on the potential merits and concerns of the book as a literary work and the potential merits and concerns associated with retaining or removing access to the book from students using school libraries, the committee unanimously recommends that Gender Queer: A Memoir remain in FCPS libraries that serve high school students.

The committee reviewed and discussed the concerns in detail and determined that this book constitutes literary work and that access to the book in school libraries is appropriate. 

The committee related the following merits of the book as a work of literature:

• The book is a well-written, scientifically based narrative of one person’s journey with gender identity that contains information and perspective that is not widely represented. This depiction includes the difficulties nonbinary and asexual individuals may face. The book has literary value in its structure, voice, and themes and has won literary awards.
• Students with a related experience will feel affirmed and others can gain understanding and empathy.
• The resources referenced in the book provide access to additional, reliable information.
• The book neither depicts nor describes pedophilia.

 In response to the complaint, the committee spent considerable time reviewing Code of Virginia §18.2-376. The committee also reviewed other statutes including, §18.2-372, “Obscene” defined; §18.2-391, Advertising, etc., obscene items, exhibitions or performances, and an excerpt from the FCPS Student Rights and Responsibilities Handbook pertaining to possessing obscene visual imagery as defined in the Code of Virginia.

  “The word ‘obscene’ where it appears in this article shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value” (§18.2-372).

 "’Harmful to juveniles’ means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles.” (§18.2-390 (6)).

After deliberations regarding the Code of Virginia and its relationship to this book, the committee identified the following reasons for retaining access to the book in libraries serving high school students: 

• The images contained within the book do not qualify as obscene per the definition in the Code of Virginia §18.2-372. The book is also not “harmful to juveniles” as defined in §18.2-390 (6).
• Code of Virginia § 18.2-376, advertising obscene items, exhibitions or performances is inapplicable. (It is important to note that according to the Code of Virginia §18.2-391.1, nothing contained in Article 6, Prohibited Sales and Loans to Juveniles, shall be construed to apply to “[t]he purchase, distribution, exhibition, or loan of any work of art, book, magazine, or other printed or manuscript material by any accredited museum, library, school, or institution of higher education.”)
• The book aligns with FCPS Regulation 2603 supporting members of the gender-expansive community and affirming individuals in their identity.
• The book was appropriately added to library collections in accordance with FCPS Regulation 3013, School Library Collection Development.
• The book aligns with FCPS School Library Regulation 3012 to curate collections that represent the diversity found in society and school communities. Additionally, Regulation 3012 outlines the operation of school libraries and access to library books based on student choice.

 Review Committee Recommendation, Lawn Boy: A Novel

Per Regulation 3009, a committee made up of a high school administrator, two high school librarians, two parents of high school students, two high school students, and a specialist from the Office of Equity and Family Engagement met on October 27, 2021 to review the request for reconsideration of the book Lawn Boy: A Novel by Jonathan Evison and its inclusion in FCPS libraries.

 Each member read the book in its entirety and reviewed the submitted reconsideration forms and packet of information provided. After deliberate and lengthy discussions on the potential merits and concerns of the book as a literary work and the potential merits and concerns associated with retaining or removing access to the book from students using school libraries, the committee unanimously recommends that Lawn Boy: A Novel remain in FCPS libraries that serve high school students.

 The committee reviewed and discussed the concerns in detail and determined that this book constitutes literary work and that access to the book in school libraries is appropriate. 

The committee related the following merits of the book as a work of literature:

•  The book is an accessible examination of race, class, socio-economic struggle, and sexual identity. It paints a portrait of the substantial obstacles faced by those who are marginalized by society. It is an uplifting and humanizing depiction of navigating through setbacks with resiliency to reach goals and will resonate with students.
• The themes of this book are affirming for students who will recognize that they are not alone as they experience similar systemic challenges and societal prejudices.
• The book has literary value as a narrative representing the perspective of a significant portion of students in Fairfax County Public Schools with a variety of backgrounds.
•  There is no pedophilia present in the book.

In response to the complaint, the committee spent considerable time reviewing Code of Virginia §18.2-376. The committee also reviewed several other applicable statutes including, §18.2-372, “Obscene” defined; §18.2-391, Unlawful acts exhibitions or performances, and an excerpt from the FCPS Student Rights and Responsibilities Handbook pertaining to possessing obscene visual imagery as defined in the Code of Virginia.

 “The word ‘obscene’ where it appears in this article shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value” (§18.2-372).

 "’Harmful to juveniles’ means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles.” (§18.2-390 (6)).

After deliberations regarding the Code of Virginia and its relationship to this book, the committee identified the following reasons for retaining access to the book in libraries serving high school students:

•  With respect to the book content referenced in the complaint, the description does not go “substantially beyond customary limits of candor in description or representation,” is not the “dominant theme,” and is significant to the development of the main character, therefore contributing to the book’s literary value.
• The book does not qualify as obscene per the definition in the Code of Virginia §18.2-372 and is not “harmful to juveniles” as defined in §18.2-390 (6).
• Code of Virginia § 18.2-376, advertising obscene items, exhibitions or performances is inapplicable. (It is important to note that according to the Code of Virginia §18.2-391.1, nothing contained in Article 6, Prohibited Sales and Loans to Juveniles, shall be construed to apply to “[t]he purchase, distribution, exhibition, or loan of any work of art, book, magazine, or other printed or manuscript material by any accredited museum, library, school, or institution of higher education.”)
•   The book was appropriately added to library collections in accordance with FCPS Regulation 3013, School Library Collection Development.
• The book aligns with the FCPS priority to affirm individuals in their identity. The book aligns with FCPS School Library Regulation 3012 to curate collections that represent the diversity found in society and school communities.

Process for Library Book Challenge

Regulation 3009, Challenged Library and Instructional Materials, outlines the process for parents, students, staff, or community members to request reconsideration of a book included in a library collection or as part of classroom instruction.

Process for Library Book Selection

Librarians follow selection criteria found in R3013, School Library Collection Development, to curate a collection of books that meets the needs of FCPS’ diverse student body. Library collections operate through student choice, and book selections are not part of general classroom instruction. Library materials must align with at least one of the following purposes:

• Enrich and support FCPS curriculum
• Encourage and support informational and recreational reading
• Meet the information needs of students taking into consideration diverse interests, abilities, backgrounds, reading levels, maturity levels, native languages, and students' extracurricular interests.

School librarians support FCPS priorities including providing resources that affirm students in their identity, culture, and background.

In addition to listed criteria in the regulation, books added to the collection must have at least two positive reviews from professional review sources. If the book has not been reviewed, the librarian must read and evaluate the book following the selection criteria in R3013.

Librarians develop a collection development policy specific to their school's needs and are required annually to review that policy with school administration by September 30 as outlined in R3012, School Libraries.

Access to School Libraries

School libraries are highly active instructional spaces used by students throughout the school day. Like any other instructional space in the building, we would not expect unscheduled visitors to enter the school library during the instructional day.

School libraries are used for:

• Standing classes 
• Librarian-led classes
• Student check out of books and use of library resources
• PTSA meetings
• Faculty meetings
• Monthly parent coffees

Pre-arranged visits to school libraries are possible before or after the instructional day. Visitors are required to check in at the front office and sign in using the Visitor Management System (VMS). 

After completing the check in process, the front office staff will gladly assist parents in getting to their scheduled destination. This is the procedure for visitors to any instructional space as it ensures access to those who wish to visit while keeping our students and staff safe, and minimizes disruption for students and staff during the instructional day. 

FCPS parents are always welcome to peruse library resources using the direct link posted on our school website.