A handful of public school districts and charter schools have yet to update their policies to comply with a 2024 law restricting library content that’s “harmful to minors” and allowing patrons to request reviews of library material.
Last year, Republican lawmakers passed House Bill 710, the Children’s School and Library Protection Act. The law requires public libraries, public schools and private schools to implement policies restricting access to material deemed “harmful to minors.” The law also requires that libraries and schools have a form that allows patrons to request a review of library material. The law took effect on July 1, 2024.
This year, budget-setting lawmakers told the Idaho Commission for Libraries and Idaho Department of Education (IDE) to verify whether libraries and schools are adhering to the law. The agencies conducted surveys and delivered reports to the Legislature on Dec. 1.
State Librarian Stephanie Bailey-White reported that 105 of 106 public libraries across the state confirmed that they’re following the law. The one holdout was the Donnelly Public Library, a plaintiff in an ongoing lawsuit challenging HB 710.
“The Donnelly Public Library District reported that it is seeking legal counsel and will respond to the questions upon receipt of advice from its attorney,” Bailey-White wrote in the report.
School districts and charter schools have been slower to comply, according to a report from Greg Wilson, chief of staff for state superintendent Debbie Critchfield. Thirty of Idaho’s 185 districts and charters initially answered “No” to one or more survey questions about whether their library policies align with HB 710.
But this number has come down in recent weeks. The latest figure is 17 districts and charters that answered “No” to one of the questions, according to a document IDE is using to track responses, along with separate followup questions that Idaho Education News asked school leaders.
These districts and charters “will receive guidance from the department to help them move toward compliance,” Maggie Reynolds, public information officer for IDE, said by email. “In most cases, a ‘no’ response simply indicates a need for additional support or resources, which we will provide.”
Why did some school leaders say they’re out of compliance?
EdNews reached out to public school leaders that responded “No” to one or more questions on IDE’s survey.
The survey asked district and charter leaders whether they:
- Allow patrons to request a review of library material.
- Have a readily accessible review form that contains the state’s definition of “harmful to minors.”
- Filter content that’s “harmful to minors” from digital library collections.
A few school leaders told EdNews that their policies hadn’t been updated at the time IDE sent out its survey, but they have since been updated or changes are on the way. Others said they answered “No” because they don’t have a library or digital collection. Two said they misunderstood the questions.
Fourteen districts and charters did not respond or declined to comment.
Rob Sauer, superintendent of the Homedale School District, said his school board is scheduled to adopt a new library policy that complies with the law next month. “While the policy will be adopted soon, we already allow patrons to review library materials,” Sauer said by email.
Jeri Ann Beyeler, business manager for the South Lemhi School District, said that an existing district policy allows patrons to ask for a review of library materials. But it doesn’t include everything HB 710 requires. “Following a recent administrative transition, the board and administration are actively updating policy, which requires multiple readings before adoption,” Beyeler said by email.
Dale Burk, executive director of the Idaho Arts Charter School in Nampa, said trustees approved a new library policy Monday. “We are committed to ensuring our policies align with current law and have been actively working with our board to address this,” Burk said by email.
Anthony Butler, superintendent of the Cambridge Joint School District, said that at the time IDE distributed its survey Cambridge’s library policy didn’t include the definition of “harmful” materials. The definition has since been added, Butler said by phone.
Gigi Murfitt, business manager for Peace Valley Charter School in Boise, said she answered “No” to a question about whether the charter school’s digital library collection filters “harmful” content because Peace Valley doesn’t have a digital collection. “I think I misunderstood the question,” Murfitt said by email.
Jenny Schon, head of school for the Mountain Community School in McCall, said that she answered “No” to questions about the charter school’s library policy because it doesn’t have a library.
Kerri Tibbits, clerk of the Minidoka County School District’s board of trustees, said she initially answered “No” because of a “misunderstanding of the wording.” But the district’s library policy complies with the law, Tibbits said.
What’s considered ‘harmful to minors?’
According to state law, material that’s “harmful to minors” is a depiction of “nudity, sexual conduct, sexual excitement, or sado-masochistic abuse” when it “appeals to the prurient interest of minors” and is “patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors.”
The law’s definition of “sexual conduct” includes “any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, the breast.”
Are private schools complying with the library law?
Private schools also must comply with HB 710. The law applies to “any public or private school providing instruction for students in kindergarten through grade 12.”
IDE didn’t include private schools in its survey. The agency doesn’t typically oversee private schools, which are almost entirely unregulated by the state.
Reynolds said the Legislature directed IDE to confirm that libraries and schools are adhering to both the Children’s School and Library Protection Act and to a separate law that requires filtering of “harmful” content in digital collections. The latter statute, enacted in 2020, “is only applicable to school districts and public charter schools,” she said.
The Legislature’s directive was included as a sideboard to a budget bill funding the Idaho Commission for Libraries for the current fiscal year.
EdNews asked a handful of private school operators, including the Roman Catholic Diocese of Boise, whether they’ve updated policies to comply with the law. Only Cole Valley Christian Schools responded.
Superintendent Allen Howlett said that Cole Valley doesn’t have a library. Prior to HB 710, the school had a “strong process in place” to ensure textbooks and other literature are appropriate and reflect Cole Valley’s mission, he said. Also, parents have “all rights and privileges” to review books and curriculum.
“(I) can’t imagine any private Christian school that this bill would impact at all,” Howlett said by email.
