HB 1069 was passed during the 2023 legislative session. It went into effect on July 1, 2023 and most of its library impacts were incorporated into Florida statue 1006.28. Here's what you need to know about how this legislation has impacted our school libraries and what amendments to 1006.28 we need to fix this mess.

Since this law went into effect, we have seen thousands of titles get removed from libraries inside our schools because they contain depictions or descriptions of "sexual conduct" as defined in Florida statute 847.001(19). These titles include books by Hemingway, Milton, Steinbeck, Morrison, Tolstoy, and more. While the law does allow this content to remain after a district review determines which ages/grades should not be allowed access, the Florida Department of Education (FLDOE) issued guidance on 10/13/23 that did not include that language. Of course, in this era of "err on the side of caution," our districts are choosing to reject the books for all ages and grades.

This guidance from the FLDOE essentially advises that books with any "sexual conduct" require the same immediate and permanent removal as materials found to be pornographic or "harmful to minors" (another term defined in 847.001). The result, districts are not waiting for objections to come in or allowing the committee review process to play out. Books are being removed or rejected without much public notice (unless we catch it via PRRs).

Another piece of the legislation causing districts to bypass the public committee review process is the statement, "Parents shall have the right to read passages from any material that is subject to objection." Bad actors are using this statement as an indicator the law affords them the right to break School Board Meeting decorum rules and read aloud passages out of context from these books in an effort to get them permanently banned. In some districts, these bad actors have been successful. In others, district officials stopped the performances for violating decorum rules and asked the speakers to complete the state required objection form to initiate the review process. 

We've talked about the dangers of a special magistrate process that only seems available to book objectors. This particular portion of the law was initially included in an argument by defendants to dismiss the PEN America lawsuit in Escambia County. They told the courts that this provision in the law moves the final decision on book removals to the state appointed magistrate. The judge did not accept the argument on the basis that this process allows the objector to appeal to a special magistrate for a decision as to whether or not the School Board followed their policy and the law when deciding the fate of a book. 

Finally, we have to discuss the changes that solidified a set of FLDOE rules that went into effect during the 22/23 school year: classroom libraries. With this revision to statute 1006.28, a teacher's classroom library officially became the responsibility of a certified media specialist. Additionally, once a certified media specialist approved the library catalogs for every classroom, the ones for students in grade K-5 needed to be posted online for all to see. This would allow any citizen to object to a classroom library book in addition to the ones in the media center. It remains nebulous in Florida School Board of Education rule 6A-10.081 whether or not a teacher could lose their certification (and livelihood) based on an accusation of having a book in the classroom that instructs on racism, segregation, discrimination, sexual orientation, or gender identity in an age inappropriate way. Because of the vague, punitive language, thousands of teachers across the state chose to close down their classroom libraries at the end of last year. Those that decided to submit their books for approval, have found the process inefficient and riddled with hurdles to keep the books on the shelf. Some districts only have one certified media specialist to approve all of the books across the district. 

So, what can you do to get the changes we need in Tallahassee?

Well, if you're the type of person that likes to sign petitions, consider signing this one in support of the Freedom to Learn Act. It's unlikely to make it out of committee this session, but expressing support for the revisions in the bill that impact statute 1006.28 could lead to amendments in the House or Senate deregulation bills (HB 7025 and SB 7004) that also touch this statute. One of these deregulation bills will be signed into law. It's up to us to use our voices to advocate for the necessary changes to get our classroom libraries back open and stop the overly "cautious" removal of thousands of books from our school libraries.