WCPS begins addressing instructional materials with sexually explicit content

Warren County Public Schools Assistant Superintendents Heather Bragg (left) and George “Buck” Smith (right) are forming a committee to develop a procedure the school division is required to use to notify parents about instructional materials that have sexually explicit content. Video and photos by Mark Williams, Royal Examiner.

Local school boards across the state have until January 1, 2023, to adopt either model policies from the Virginia Department of Education (VDOE) that ensure parents are notified about instructional materials with sexually explicit content or their own policies, which “may be more comprehensive.”

Warren County Public Schools (WCPS) is working on its policy and procedure for notifying parents when instructional materials being used in the classroom have sexually explicit content and will specifically update Policy IIA-R of the Instruction section of the WCPS Policy Manual.

During the Warren County School Board’s Wednesday, November 16 work session, WCPS staff discussed Policy IIA-R and adding language to it that’s consistent with the VDOE’s “Model Policies Concerning Instructional Materials with Sexually Explicit Content.”

VDOE’s 10-page document details the policies the department developed as required by Senate Bill 656, which was enacted by the 2022 Virginia General Assembly, and became effective on August 4.

VDOE’s model policies say that parents will be notified at least 30 days in advance if any instructional materials with sexually explicit content will be used in their child’s classroom. Parents at that time can review the materials. The state policy says that school principals must maintain current lists by grade and subject of sexually explicit instructional materials on school websites.

Additionally, VDOE’s model policies note that provisions in the new state law “shall not be construed as requiring or providing for the censoring of books in public elementary and secondary schools, or the designation of instructional material as sexually explicit based solely upon the sexual orientation of the characters contained therein.”

School boards also should adopt policies “which empower parents to exercise their right to decide whether the use of sexually explicit content in instructional materials is appropriate for their child,” according to VDOE’s model policies.

The draft WCPS policy, which the school division’s attorney helped craft, closely follows VDOE’s model policies. For example, WCPS plans to use the same definitions for sexually explicit content, parent(s), and instructional material(s).

WCPS policy also coincides with VDOE model policies that say that at least 30 days prior to the use of any instructional materials with sexually explicit content, principals shall provide written notice to parents that “specifically identifies the instructional materials with sexually explicit content; informs parents of their right to review such instructional materials; and informs parents of their right to have their child use, in a non-punitive manner, alternative, instructional materials that do not include sexually explicit content.”

WCPS policy also says that principals shall provide online access for parental review of instructional materials that include sexually explicit content “unless not technically feasible or prohibited by copyright protection. Schools shall also have available at the school for parent review all instructional materials that include sexually explicit content.”

WCPS Superintendent Christopher Ballenger and WCPS Assistant Superintendents Heather Bragg and George “Buck” Smith asked for input from School Board members on the proposed WCPS policy and procedure.

“Let’s just make this as easy for parents as humanely possible,” said School Board member Melanie Salins about copyrighted materials that parents may want to review.

Ballenger said he’ll check with the school district’s attorney about what is allowable under copyright law regarding access to instructional materials with sexually explicit content, and what potential liability might exist for WCPS.

Ballenger also told board members that he has asked Bragg and Smith to put a committee together that will consist of an administrator, counselor, librarian, and teacher from each elementary, middle, and high school level. The committee members will discuss the process WCPS needs to have in place regarding notifying parents about any instructional material with sexually explicit content, he said.

Ballenger also said that WCPS staff might unintentionally “miss some things” when it posts online the list of instructional materials with sexually explicit content. To help minimize any oversights, the school district’s policy and procedure will include how a parent — who comes across such material that isn’t already listed on the WCPS website — might then bring it to the attention of WCPS staff for evaluation and action.

School Board Chair Kristen Pence (above) asked if the WCPS procedure would differ from a challenge that a parent might make to a book that he or she objects to and wants to be removed from a school. And she asked if the new procedure would just address how a parent would alert WCPS staff to potential sexually explicit content in instructional material that might need to be listed online.

Yes, said Ballenger, this policy is different than the challenge policy, and he pointed out that just because instructional material with sexually explicit content is listed online, that “doesn’t keep us from not using it.”

Bragg explained further that if WCPS staff happened to omit from the online list an instructional material containing sexually explicit content, a parent could bring it to their attention, then WCPS would decide if the instructional material meets the definition of having sexually explicit content. If it does, then the material will be listed online.

However, that material’s use would still be allowed in the classroom following the 30-day notice. Bragg said that if a parent doesn’t want his or her child exposed to it, “then we would have to find an alternative assignment or supplement material for that student.”

And if a parent still didn’t want the material being used at all, the parent could take it a step further and, under the WCPS challenge policy, request that the use of that instructional material be removed. “So, it’s kind of a little bit multi-stepped as to how far the parent wants to go,” Bragg said.

“I think the goal should be that the perception has to be open and to do whatever we have to do to get information to parents,” said School Board Vice Chair Ralph Rinaldi.

Ballenger said WCPS plans to “have a comprehensive list online” for parents to review. Bragg added that WCPS has no intention or reason to hide anything from parents.

Once something is identified and put on the list, “we want to be able to do whatever we can to give access,” Ballenger said. “We’ll work through whatever we need to work through.”

No action was taken on the work session item, which will be discussed again at a future School Board meeting.

To view the state’s model policies, go to: https://townhall.virginia.gov/L/GetFile.cfm?File=C:%5CTownHall%5Cdocroot%5CGuidanceDocs_Proposed%5C201%5CGDoc_DOE_6205_20220615.pdf.

To view the proposed WCPS policy, go to: https://go.boarddocs.com/vsba/warren/Board.nsf/files/CL2QNS69325E/$file/Policy%20IIA_revised_10_28_22.pdf.

In other discussions…

Regarding other work session topics, Smith provided the first reading of the proposed 2023-2024 school calendar; the second reading and discussion will be on December 7, and the recommendation for approval will be during the first January 2023 school board meeting.

Highlights of the calendar include:

• August 9, 2023 – First Day of School;
• September 14, 2023 – Parent-Teacher Conference;
• November 20 – 24, 2023 – Fall Break;
• December 22, 2023 – January 3, 2024 – Winter Break for students;
• December 22, 2023 – January 1, 2024 – Winter Break for WCPS staff;
• March 29 – April 5, 2024 – Spring Break; and
• May 23, 2024 – Last Day of School.

Among other work session items, the School Board also discussed the 2023 School Board meeting dates and times and received updates on grounds maintenance, the recent Virginia School Boards Association (VSBA) Delegate Assembly meeting, and the school district’s contract for hiring substitute employees.

Watch the School Board work session in its entirety in this exclusive Royal Examiner video.