The Mingus Union High School District Governing Board held a first reading of modifications to Policy IJL Library Materials Selection and Adoption at their meeting on Thursday, Feb. 8.
The modifications to the current policy regarded procedures for selection of materials and sexually explicit materials. The modified policy also provided a form for a request for consideration of library resources and a form of parental/ guardian consent for the use of library resources deemed sexually explicit.
Regarding sexually explicit materials, the policy states “The District will not use, nor will students be referred to, any Library resources that are “sexually explicit” under Arizona Revised Statute §15-120.03 and Policy IHAMB-R unless parental consent is provided on a per material basis. Such material will be placed on a closed shelf for student access until such parent permission has been granted for that student.”
ARS §15-120.03 states that an Arizona public school not refer students to or use any sexually explicit material in any manner. Sexually explicit materials include those depicting sexual conduct, sexual excitement and ultimate sexual acts.
Materials may be exempted from this if the materials possess serious educational value for minors or possesses serious literary, artistic, political or scientific value, if the school requires written parental consent before the school refers a student to or uses the material and if the school provides an alternative assignment for students who do not secure parental consent.
Superintendent Mike Westcott provided background information on the policy and its origination. In September 2023, Westcott received a recommendation from the American Library Association that school districts adopt a policy by which library resources can be reviewed, potentially leading to reconsideration of open collection items that could require parental/guardian permission to check out.
The policy was shared with board members and the district consulted the school’s attorneys. The policy was modified to include procedures on the selection of library materials. Westcott added that the district won’t use nor refer students to any resource defined as sexually explicit in the statute unless parent or guardian gives consent on a per-material basis.
Westcott clarified that no books have been removed from the library collection and any temporary relocation has been only to review those items within the context of the policy modifications.
The board then held a call to the public.
Board Vice President Misty Cox asked that a clarification be made to the policy regarding possible disciplinary action of a student sharing content obtained by parental consent. She wanted to strike the word “possible” so that disciplinary action could be taken if the material is shared.
Board President Lori Drake concurred, saying that a previous incident where a student shared a video with another student created a chain of events.
Cox asked what will be done to verify the parent’s signature, such as calling them to confirm. Westcott replied that they can explore options for verification.
Westcott clarified that the statute doesn’t prohibit the use of those materials by any student, rather, it only requires the student to have parental consent to access them.
Board member Austin Babcock asked who is the person that gets to determine whether content is sexually explicit or not. Westcott replied that while the policy describes the superintendent as the person who delegates but that they would never enter a process of interpreting the statute without their attorneys.
There has also been a discussion of determining the value of the content, whether literary, artistic or scientific.
Drake added that the board has no control over a student finding sexually explicit content on their phones, on the internet and even at a public library.
“Is there anything in this policy that bans books?” asked Babcock.
“Based on my understanding of the definition of ‘ban,’ no,” replied Westcott.
“Does anybody disagree with that?” asked Babcock. “Is there anything in this policy that discriminates against any group or individual?”
“I typically leave that up to the group to determine,” said Westcott. “I don’t believe it’s discriminatory…I wouldn’t venture to step in for any group that might feel otherwise.”
Westcott added that the attorneys have been heavily involved in the process and that if there was something in the policy that appeared discriminatory, that the attorney would have voiced it.
