On February 27, the Virginia Beach School Board approved a policy amendment regarding the assessment of 'sexually explicit content' in schools. This move has generated controversy, as critics raised concerns about the need for the change, potential burdens on librarians, and potential legal consequences for the district. Conversely, supporters of the amendment asserted that it safeguards parental rights.

Board member David Culpepper introduced the amendment to policy 6-65, seconded by Vicky Manning, resulting in a 6-4 vote in favor after multiple speakers addressed the board. However, Board Chair Kim Melnyk and members Trenace Riggs, Jessica Owens, and Beverly Anderson opposed the amendment.

Establishing a 'Content Committee'

The amendment directs Superintendent Don Robertson to establish a 'content committee' comprising senior staff members, library media specialists, and other knowledgeable staff to develop book review procedures. This policy differed from the one adopted in December 2022, which addressed sexually explicit material in instructional materials to comply with a law signed by Governor Glenn Youngkin.

The new amendment aims to ensure that elementary school libraries do not house sexually explicit materials and identify such content for secondary school libraries, listing it on the school division's website.

Librarians within the school division and Robertson affirmed that there are currently no books classified as sexually explicit materials in elementary schools. As a result, the policy is not expected to have a significant impact in that context.

The primary concern lies in the review process at the secondary school level, where the committee may need to evaluate hundreds of incoming books annually. This would significantly increase the workload for librarians and others involved. The identified sexually explicit books would be listed on the school division's website, making this aspect a more substantial and challenging undertaking, as acknowledged by Robertson.

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Virginia Library Association Executive Director Lisa Varga views this as 'government overreach,' burdening librarians with additional unpaid responsibilities. 

Concerns on Policy Change

Before the vote, a public comment period exceeding two hours allowed supporters and critics of the policy to express their opinions. One resident opposed the proposal, referring to it as an attempt to create a list of inappropriate books, akin to a 'naughty list,' and criticized it for potentially banning books based on individual perspectives.

A supporter argued for the unanimous passage of Culpepper's amendment, expressing disbelief at professional resistance to removing certain materials from school libraries.

Culpepper argued that selected books should focus on teaching fundamental subjects such as reading and science, avoiding content that could be considered inappropriate or conflicting with moral and religious beliefs. In contrast, Owens, voting against the amendment, expressed that it seemed to address a problem that she had not seen to exist, potentially burdening staff with additional duties.

The potential for legal challenges was also highlighted, as labeling books as sexually explicit could lead to disputes over definitions and procedures. Board members acknowledged the subjectivity of defining sexually explicit material, recognizing the likelihood of legal challenges.

In light of these concerns, Robertson emphasized the varying interpretations of sexually explicit definitions and acknowledged the potential for legal challenges. However, he clarified that the policy does not mandate banning books, and he will explore the logistical challenges associated with reviewing incoming materials at the secondary level.

The school board's decision to create the content committee is not a statutory requirement but a choice made by the board. Robertson can recommend not forming the committee if deemed impractical due to increased workload or other considerations.

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