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Date: 6/7/2023
LUDLOW — A potential new school library policy proposed by School Committee member Joao Dias on May 9 has caused a lot of conversation and controversy among the Ludlow community.
Those in favor have argued that they didn’t want books that described sexual acts, use of drugs or acts of rape to be allowed in the schools’ libraries.
Those against the policy heave argued that the proposed policy was part of the “right-wing agenda” of the committee and restricted students’ access to information.
According to Dias, it is designed to get rid of inappropriate materials from the school district library, however, others have pushed back, questioning the motives behind the proposal and whether any change is needed at all.
The draft policy, available on the School Committee website, proposes more definitions and limitations on types of books allowed in each school but would continue the current process of allowing parents and teachers to vote on allowed materials.
The proposed policy states that no materials in the elementary school libraries should contain explicit written description of sexual acts or nude intimate parts, implied written description of nude intimate parts, visual or visually implied depictions of sexual acts or simulations of such acts and visual depictions of nude intimate parts or implied nudity.
The middle school and high school restrictions become somewhat more lax based on education purposes.
The proposal prompted the American Civil Liberties Union of Massachusetts to write a letter to the School Committee urging them to reject the policy that “would impose sweeping and unjustifiable restrictions on learning materials and could effectively restrict access to LGBTQ-themed books,” according to Senior and Managing Attorney Ruth Bourquin.
“We have seen some of these efforts sort of sweeping the country, they seem to be the latest cause celeb for people who are opposed to accessed information and free thinking. When we see these people sticking their little heads up in Massachusetts, we feel it is important to weigh in so people know these things are inconsistent with the state constitution as well as the federal constitution in Massachusetts,” Bourquin told Reminder Publishing in a subsequent interview.
The ACLU is an organization with a stated mission to defend and preserve the individual rights and liberties guaranteed by the Constitution, Bill of Rights, and laws of the United States, which is why, Bourquin explained, she felt it was necessary to send the letter.
Bourquin said in the letter that the proposed policy raises numerous legal issues, including free expression, vagueness and discrimination concerns under the state and U.S. constitutions.
Across the country, people are vocally pushing to ban books from school and public libraries.
According to the American Library Association, book challenges nearly doubled in 2022, after a sharp increase in 2021.
According to Massachusetts School Library Association there have been at least 22 book challenges in the state since fall 2022.
Bourquin said, “This proposed policy is so regressive and repressive, it’s contrary to true parental rights. It is not correcting any real problems and so it raises very serious concerns both upfront about denying students an appropriate education, their right to receive information.”
Bourquin also said she is concerned with how vague and broad the policy is that it could allow for certain groups to be targeted in the removal of books.
Dias did not respond to Reminder Publishing’s request for comment as of press time, but admitted at the May 23 School Committee meeting, that he Googled and copied the proposed policy from Bucks County, Pennsylvania.
The policy in Bucks County passed by a 6-3 vote in July 2022.
Schools across the country including Pennsylvania have been hit with federal lawsuits for removing books from their libraries.
In Missouri, the ACLU sued the Independence School District on behalf of a group of parents based on alleged First Amendment violations.
Central Bucks in Bucks County was also sued by the ACLU, in part because of book policy the organization said targets LGBTQ students.
“One of the things that send chills down our spine is that there is a lot of focus on what particular books and materials would be banned which is just so excessive and so inconsistent with reasonable materials that students should be able to benefit from,” Bourquin said.
Reminder Publishing also reached out to Superintendent Frank Tiano and Ludlow Public Schools librarians regarding the potential impact of the policy and examples of books currently available that could conceivably be under scrutiny under proposed guidelines. The librarians declined to comment, citing school department policy, and Tiano was also unavailable as of the time of publication.
Bourquin, however, has her opinion. stating, “One of the parts that is really chilling here is the introductory part where, ‘henceforth, school librarians can no longer use their professional judgement to purchase materials as new materials come out.’ Children often get excited that there is a new book. Children in Ludlow will be denied all school library materials that are new because nothing can be purchased without going through this elaborate process to put it to a public vote for material.”
The proposed process includes a librarian in each school giving a recommended list of books to the superintendent.
After the superintendent’s approval, that list will be provided to the School Committee and posted publicly for 30 days, which will allow parents guardians and employees to submit written comments on the recommended list.
The superintendent will then make a final list recommendation and bring it to the School Committee who can accept or reject the list in whole or in part.
The School Committee will meet on June 13 to vote on the proposed policy.