Thanks to the Restricting Explicit and Adult-Designated Educational Resources (READER) Act, all Texas public schools are now mandated to establish formal policies for collection development — the planning, acquisition, maintenance and withdrawal of library materials — in their libraries.
The Texas State Library and Archives Commission (TSLAC) details the protocol in its resource guide for school libraries. It sheds light on some of the more contentious aspects of the READER Act, including the emphasis on parents as primary decision-makers, restrictions on specific library materials and the prohibition against removing content based on its subject matter or the author’s background.
Such elements have garnered massive attention among educators, parents, students, policymakers and advocacy groups, igniting debates about intellectual freedom, educational access and cultural diversity and representation. The guide also addresses the uncertainties surrounding the book vendor rating requirement, noting that “at the time of publication, portions of the Education Code relating to library material vendor ratings are enjoined by federal courts and not in effect.”
With some parts of the READER Act in full swing and others still in limbo, what’s on the horizon for school libraries? If you’re unfamiliar with the READER Act or just need a quick refresher, here’s a brief overview to get you caught up:
READER Act at a Glance
In December 2023, the Texas Legislature passed House Bill 900, the READER Act, to keep “sexually explicit” materials out of school libraries and require parental consent for any such books. The bill aimed to regulate the sale and purchase of public school library materials by setting library material standards and using a book vendor rating system.Though the bill was approved, it’s essentially been on hold while the TSLAC created the Collection Development Standards. Now that the official guidelines have been released, districts can implement them in their school libraries.
However, one of the act’s most critical (and controversial) elements is still tied up in court: the book vendor rating requirement, which mandates that library materials be rated for content by vendors to identify and restrict access to materials deemed “sexually explicit” or “sexually relevant.”
This portion of the act is tricky. Critics believe its strict guidelines on what materials are provided to schools may lead to censorship, limit access to diverse viewpoints and force vendors to deal with subjective content ratings.
The Fifth Circuit blocked this rating requirement in January, citing book vendors’ First Amendment Rights violations. On April 16, the court denied a rehearing, leaving the only remaining option for the appeal to be taken up by the Supreme Court, which has not yet been confirmed or denied.
Frisco state Rep. Jared Patterson doesn’t appear to feel too rosy about the bill’s status, and in July, he placed the blame for that at the feet of Texas Attorney Gen. Ken Paxton, the man Patterson voted to impeach in May 2023. Patterson had urged the AG to appeal the decision before the deadline came and went with an appeal from Paxton’s office.
“The parents of Texas need to know why they were abandoned,” Patterson wrote on July 17 in a since deleted tweet. “Ken Paxton and I have had our differences, but I’ve never disagreed with him on policy. Texas moms and dads deserve to know why his office put up a paltry defense of READER at the Fifth Circuit and why they refused to appeal the Fifth’s decision to the SCOTUS.”
So, the question remains: What does the future hold for Texas school libraries?
Standards Simplified ("Pervasively Vulgar": Not Allowed)
Despite the unresolved book vendor rating requirement, TSLAC continues to uphold the act's "library material standards" section.If you’re wondering what all that involves, the Texas Administrative Code (TAC) official collection development standards, distinct from the more practical guidelines provided by TSLAC, states that each district board must approve a policy outlining library material acquisition, maintenance and withdrawal, as well as ensure that collections should be age-appropriate and responsive of diverse student needs. The TAC standards also dictates that library policies for each school district must define its purpose and goals, assign responsibility for collection development, ensure parental access to the library and online catalog and include a process for handling "sexually relevant" material.
Materials deemed "pervasively vulgar" and "educationally unsuitable" are officially prohibited, with the code noting that "the First Amendment does not protect obscene content."
The new standards also outline transparency requirements that also pertain to a parent's ability to request a review of library materials as well as a review and appeal process for materials.
Planning for Action (or, More Likely, Bracing for Reaction)
With the book vendor rating requirement still in question, major Texas school districts are taking certain matters into their own hands until a definitive decision is made.One district has already begun adopting practices aligned with the anticipated mandate.
“[We] continue to adhere to the requirements in EFB Legal, EF Local, and the Collection Development Standards to ensure age appropriateness and suitability of materials to the campus and students it serves,” Dallas ISD told the Observer. “This includes assessing vendors' catalog offerings for content appropriateness and alignment with age recommendations in the materials we select.”
Other districts are closely monitoring the appeal status so they can respond accordingly, whether the case reaches the Supreme Court or not and whether its potential ruling is upheld or overturned.
Combine this with the already heated debate over school book banning, and you’ve got a recipe for a smorgasbord of reactions from parents, students, staff and just about anyone else ready to put their two cents in.
“Regardless of the status of the vendor ratings portion of HB900,” Fort Worth ISD told the Observer, “our librarians will continue to do their due diligence to ensure that any library materials purchased for and provided to students are appropriate for the school audience and in compliance with state law.”
