February 2023 Hot Topic — Library Services at Metro Nashville Public Schools
Speaker: Lindsey Kimery, Coordinator of Library Services at Metro Nashville Public Schools in Nashville.
Ms. Kimery is a past-president of the Tennessee Association of School Librarians and has served in leadership roles for the American Association of School Librarians and Future Ready Libraries. She has served in TN public schools for over twenty years.
There were over 780 attempts to bar or restrict school library materials across the United States last year, with Tennessee in the top tier of states with challenges. Tennessee’s Age Appropriate Materials Act contributed to the high number of removal requests.
The bill came about in response to alleged widespread concern among Tennessee parents that certain materials in school libraries are obscene or inappropriate for certain ages. Passed in March 2022, the new law requires each school governed by a Local Education Agency (LEA) and public charter schools to maintain a list of materials in the library collection. Teachers are also required to catalog every book in their classroom library. The lists are required to be posted online.
An additional bill HB 1944/ SB 1944 (which did not move forward), sought to create a process for a parent or guardian to submit to a district’s superintendent a concern about a book they deem “obscene.” Upon receipt of the complaint, a district must remove the book from all library shelves for no less than 30 days. The school board then reviews the book, applying the Miller test, the primary legal test for determining whether expression constitutes obscenity.
If the book is deemed obscene or harmful to minors, it must be permanently removed. A librarian who disregards the directive can be charged with a misdemeanor and subject to a $50,000 fine. A subsequent offense is a Class E felony, which could mean prison time of one to six years in Tennessee, in addition to a fine of up to $3,000. While this bill was tabled for summer study, this censorship issue was again attached to the HB 2666/SB 2247 which among other things, gave the Textbook and Instructional Materials Quality Commission the ability to categorically ban books across the state deemed “inappropriate” based on one successful appeal from one parent in one district. The bill also expanded the State Textbook Commission to 12 members.
LWV members can stay informed on this topic by visiting:
Tennessee Association of School Librarians,
Unite Against Book Bans,
ALA Library Bill of Rights and
Freedom to Read Foundation.