Texas Book Bans
A year later, the book ban law is still a problem for educators and students
HB 900, which went into effect Sept. 1, 2023, was allegedly intended to shield students from “sexually explicit material” but in fact seeks to ban or restrict materials in public school libraries and classrooms by creating a vague and undefined rating system. TSTA opposes this bill because its broad language raises concerns about overreach and censorship, particularly the targeting of books and other materials with LGBTQ perspectives or anything else some policymakers or parents may find objectionable.
Teachers and librarians understand that access to diverse perspectives in literature is foundational to a well-rounded education.
The legislation requires all book vendors serving Texas public schools to give any book with references to gender identity, sexual orientation or intimate relationships a rating of either “sexually explicit” or “sexually relevant.” The ratings, which are not clearly defined and are not required to be standardized, convey little information to schools.
For example, a children’s story having nothing to do with gender identity, sexual orientation or intimate relationships but set in a home with two mothers may be material rated by one vendor as sexually explicit, by another as sexually relevant and understood by educators to simply be an example of inclusive literature that does not warrant a caution label.
Vendors also are prohibited from selling a book to public schools that “describes or portrays sexual conduct…in a patently offensive way.” But the bill does not define “patently offensive.”
Last year, a coalition of book vendors and bookstores sued the state over the legislation, arguing that it was a violation of the First Amendment, was overly broad, unenforceable and placed an undue burden on private businesses to act as enforcers of the state’s law. U.S. District Judge Alan Albright agreed the law was unconstitutional and blocked its implementation last September. In January, the Fifth Circuit U.S. Court of Appeals uphold Albright’s injunction and in April declined to reconsider its opinion. The court specifically blocked the provision of the bill that would have required private book vendors to assign ratings. TSTA expects this ruling to be overturned by higher courts, but for now this has been ruled unconstitutional.
Other provisions of the law though are still in effect. These include a requirement that the Texas State Library and Archives Commission (TSLAC) develop standards for the collection development of school libraries. Each public school district also must approve a collection development policy that describes the processes and standards by which a school library acquires, maintains and withdraws materials.
School districts also may add procedures to the process so long as the additions do not conflict with the minimum requirements. TSLAC has developed a checklist that districts may use as a resource to assist in developing or revising their systems. Note, standards that are currently not in effect due to the court injunction have been highlighted in this document.
These standards apply to classroom libraries as well. Should teachers wish to develop classroom libraries, the district must ensure compliance with the district-approved process for the “evaluation, selection, acquisition, reconsideration and deselection” of classroom library materials. The policy for classroom libraries may be different from the school library policy, but it must still adhere to the TSLAC requirements.
HB 900 is the will of the Religious Right, not the will of most Texans. The law serves a radical anti-LGBTQ+ political agenda that is deeply harmful during a period when hate crimes against this community are on the rise.
TSTA trusts our neighborhood public schools and believes families in each local district should have a final say about what is best for their child. But we worry that provisions in this law that have not been blocked by a court injunction will still cause a chilling effect on districts, librarians and classroom teachers and ultimately limit student access to diverse and quality literature.
Texas students deserve access to books that reflect their own lives, teach them about others’ lives, and inspire them to lead.
But some Texas politicians have promoted book ban efforts that target LGBTQ+, Black and other marginalized students — on books that save lives.
Book bans have deep roots in the United States, from bans on anti-slavery writings in the early 1800s to McCarthy-era bans on “subversive” materials, such as LGBTQ+ works. Today, Texas districts have banned hundreds of books in the past two years. The banned books range from children’s picture books to young adult fiction to nonfiction texts. Most discuss race and racism, feature LGBTQ+ characters or explore themes related to student health and well-being. In 2023, the Texas legislature fanned the flames of book bans by passing House Bill 900 (HB 900).
As of January 17, 2024, the Fifth Circuit Court of Appeals has found that key parts of HB 900 are likely unconstitutional. This decision means that the HB 900 book ratings regime imposed on booksellers cannot be enforced at this time. Learn more about what this decision means for you and your school.
