As Fort Worth ISD returns most banned books to shelves, questions remain about book access

As officials with Fort Worth Independent School District return most of the books that were unavailable to students for the majority of the 2023-24 school year — after being pulled for review of inappropriate content — the parameters surrounding student book access are still somewhat blurry.

There were 118 titles pulled from school libraries in August after officials closed libraries to students during the first two weeks of school for inventory and book review purposes. Now, 90 of those titles are coming back, but Fort Worth ISD officials have declined to say whether this process will be finished by the last day of school, which is May 23. Additionally, questions asking for specifics of how each book was deemed appropriate or inappropriate for certain age groups have gone unanswered, and officials have backtracked on the reasons why the review happened in the first place.

As community members and organizations have reacted and kept watch of these local developments amid national book debates, Texas school districts are also being required to update their book collection and review policies after new standards went into effect in January. This means regulations around student book access are still being decided, and it’s unclear when, or if, the debate will be put to rest.

After a nine-month review involving a search for sexual or violent content in books, Fort Worth ISD confirmed about two weeks ago that books were returning and released the specific list of titles to the Star-Telegram through an open records request. About 76% of the removed books will be accessible to students again, while the remaining titles “will be weeded from the collection,” according to district spokesperson Cesar Padilla. “Most” of the returning books are back on campuses, he said.

The book review done by a group of master-certified librarians was “to ensure that the books were at the proper grade level location for given titles,” officials said. The librarians used the same tools they typically use in the collection development process to consider factors such as reading and audience levels and professional reviews, in addition to utilizing their education and work experience to make these determinations.

“Books are being returned to campuses according to the recommendations of the review group. The return process began in early April. This was not a book banning process, but rather an evaluation of a group of books for age level appropriateness,” Padilla said in a statement.

Fort Worth ISD officials originally stated that the review was prompted by Texas House Bill 900, which went into effect on Sept. 1 and required book vendors that sell materials to schools to give “sexually relevant” or “sexually explicit” ratings to books containing sexual content. “Sexually relevant” books would require parent permission to be checked out by students while “sexually explicit” books were banned from school libraries entirely. The definitions outlining these ratings were not released when the state law went into effect. In recent months, district officials have now stated that the book review happened independently of the law going into effect.

The law was taken to the courts after book vendors pushed back on its constitutionality, and it was first struck down by the 5th Circuit Court of Appeals in January. The court’s full panel of judges doubled down on this ruling on April 16 in a split vote, invalidating the book rating requirement. The Texas Education Agency still has an opportunity to appeal the decision to the U.S. Supreme Court by July 15, but the agency has declined to say whether it plans to appeal further, citing ongoing legal matters.

State standards move forward

Although the book rating portion of HB 900 was struck down, a different part of the bill requiring new statewide collection development standards of school districts will move forward. In December, the Texas State Library and Archives Commission and the State Board of Education adopted these new standards, which went into effect on Jan. 3. Now, school districts must update their local policies for acquiring, evaluating and reconsidering titles, which includes banning “harmful material.” Library catalogs must also be accessible to the public with information about available titles.

According to a checklist created by the state’s Library and Archives Commission, districts are required to:

• “Recognize that parents are the primary decision makers regarding their student’s access to library material.”

• “Prohibit the possession, acquisition, and purchase of harmful material… or library material that is pervasively vulgar or educationally unsuitable.”

• “Recognize that obscene content is not protected by the First Amendment.”

• “Prohibit the removal of material based solely on the ideas contained in the material or the personal background of the author of the material or characters in the material.”

The state’s Library and Archives Commission has urged school districts to update their local policies as soon as possible and, in addition to the checklist, is offering online training for school officials “in the spring and summer of 2024.”

Fort Worth ISD’s current book selection criteria still includes language referring to “sexually explicit” and “sexually relevant” ratings. District officials said on Friday they “are looking closely at our policies to make sure we maintain compliance with new standards, and once finalized will update the information on the (district) website.”

Reactions from community members and organizations

Throughout the book review and banning process, both outcry and support has come from various organizations and community members. Multiple people spoke on the topic during public comment on April 23 at Fort Worth ISD’s most recent regular school board meeting.

Most comments came from Fort Worth ISD students speaking out against book banning and in defense of voices and representations of the LGBTQ community and people of color. Nationwide, almost half of the books targeted for book banning included themes and experiences of these groups, according to the American Library Association.

Among the top 10 most challenged books of 2023, according to the association, most of the nationally targeted titles had also been removed by Fort Worth ISD for review this school year. “The Bluest Eye” by Toni Morrison, “All Boys Aren’t Blue” by George Johnson and “The Perks of Being a Wallflower” by Stephen Chbosky are among these books that the district reviewed but are now being returned to school libraries.

Chris Fuentes, a student at Southwest High School, told board members at the April meeting that books were their only resource while growing up in the south side of Fort Worth with people experiencing hardships such as divorce, drug abuse, discrimination, homelessness and self-identity issues.

“As a queer Latino, I have experienced racism and homophobia. I believe that we should not limit knowledge and the truth. Being able to read whatever literature you want is not a blessing, but a human right,” Fuentes said. “Please ask yourself, ‘Is it hurting more than healing?’”

Children’s Defense Fund Texas, a children’s advocacy group “focusing at the intersection of well-being and racial justice,” has been tracking legal developments with HB 900 and book crackdowns in districts across the state. Maggie Stern, youth engagement manager with the organization, urged Fort Worth ISD officials in January via email “to avoid unconstitutional book bans, return any books preemptively removed for review in attempts to comply with HB 900, and protect students’ right to read” alongside other civil rights and student and parent organizations.

The email — obtained by the Star-Telegram through an open records request seeking more information about the district’s book review process — was sent after the 5th Circuit Court of Appeals first ruled against HB 900’s rating system. Stern told the Star-Telegram she did not receive a reply from officials, but Fort Worth wasn’t the only district they were contacting about these legal updates.

In response to the district’s announcement that it will be returning most of the removed books to shelves, Stern applauded Fort Worth ISD for “the right decision” but still voiced concern about the cloudiness behind the books being pulled in the first place.

“The fact that the courts have now decided those vendor ratings are blocked for now makes it all the more concerning that Fort Worth (ISD) took this really extreme action of closing libraries and pulling these books from the shelves before HB 900 was implemented, before clear standards were in place for a thoughtful and thorough review, and before the courts could rule on the law’s constitutionality,” Stern said.

The Tarrant County chapter of Citizens Defending Freedom, a conservative nonprofit organization that’s spoken in favor of shielding schoolchildren from certain book content, had released an independent list of books in Fort Worth ISD middle and high school libraries that it deemed to be inappropriate about two weeks before the district removed the 118 titles. The district maintains its book review was separate from direct challenges.

“We were disheartened by the news that Fort Worth ISD is returning some age inappropriate learning materials to libraries after they were pulled for review. This is a clear violation of (Texas State Library and Archives Commission) guidelines. Tarrant County (Citizens Defending Freedom) will not waver in our resolve and actions to protect children from being subjected to unlawful educational materials,” Executive Director Rosalie Escobedo said in a statement.

Donna Collins, the group’s freedom division leader, also spoke at the April 23 school board meeting, reiterating the organization’s overall mission “to champion the protection of children and bolster parental rights in Fort Worth and Tarrant County.”

“We are an organization that has been successful in protecting children from being subjected to age inappropriate learning materials. We stand on our actions and will not waver in our resolve,” Collins said. “We are citizens directly affected by the decisions made by this board, and we have concerns for the children in Fort Worth ISD. We are part of the community and have a vested voice in this conversation.”