Virginia Lawmakers Direct Researchers to Review Book Bans, Court Funding Methods, Storm Risk Studies

The General Assembly has given the green light for state researchers to launch studies on removing books in public school libraries, the funding methodology used to determine judicial allocations and the total cost of coastal storm risk management.

A stack of books rest on top of a podium at the Virginia State Capitol building. (Photo by Nathaniel Cline/Virginia Mercury)

The Joint Legislative Audit and Review Commission, which conducts analysis and provides oversight of state agencies on behalf of the legislature, is responsible for the studies. Research completed by JLARC often prompts new legislative proposals and changes to governance.

While the studies on judicial allocations and coastal storm risk management are not expected to start for least a year, state researchers must submit their findings and recommendations for the book removal study by October 1.

Book removal study

Following the passage of a 2022 state law that created a process for notifying parents of sexually explicit instructional materials in school libraries, schools began to interpret the materials in a variety of ways. Some schools viewed the law as a way to remove books due to their content and concerns by parents.

“Public school libraries are curated by professionally trained school librarians and media specialists who select materials based on their school divisions collection policies,” said Sen. Mamie Locke, D-Hampton, who carried Senate Joint Resolution 251 during the last session. “While most school systems are respecting the freedom to read and the right of parents to have the final word on their children’s access to school library materials, it is clear some school systems have not.”

The Senate resolution and a similar House resolution, carried by Del. Marcus Simon, D-Fairfax, directs JLARC to look back at how books were removed from public school libraries since July 1, 2020. Researchers will include details about the books removed, the rationale behind the removals, the removal process, and whether school divisions utilized the commonwealth’s model policies.

The study will also identify what state resources are available to school administrators related to decisions about removing books.

Connie Piper, executive director for the Virginia Association of School Librarians, said she and her colleagues support the study, and are particularly interested in data collected that could better inform the association on resources they can provide to and request from the state.

Piper said the Virginia Department of Education does not have any specific person overseeing library operations in the commonwealth, which she believes could lead to “inconsistencies” in how things are interpreted.

“We don’t know exactly what the resolution will find, but we hope that it will give us some clarity about areas where students may not have as much access to the resources they need as we would like,” said Piper, adding that the group’s “big goal is to make sure that kids continue to have access to the resources that that they need.”

Between the 2023-2024 school year, Jodi Picoult’s “Nineteen Minutes” and John Green’s “Looking for Alaska” received the most bans at schools nationwide, according to a recent report by Pen America. The organization reported that, since 2003, 75 books have been banned in the commonwealth.

Judicial allocations

Lawmakers agreed to pass a resolution directing JLARC to study the methodology used to determine judicial allocations within Virginia, after legislators pointed to flaws in the current determination system.

Workload assessments collect information to determine the number of judges needed to cover courts in Virginia based on the number and types of cases filed.

Senate Majority Leader Scott Surovell, D-Fairfax, who carried Senate Joint Resolution 259, said one of the concerns is that court systems have found ways to manipulate the data to make it appear that more judges are needed.

Surovell also said the current methodology doesn’t consider how local governments spend money supporting their respective court system, uses “vague” categories regarding the complexity of cases and doesn’t weigh domestic relations cases appropriately.

“We need to get clear, good data on how to do this,” Surovell said during the session, adding that it’s crucial the state’s decisions be based on “accurate information” about the court systems’ needs.

Lawmakers directed researchers to share their findings and recommendations no later than the first day of the 2027 regular session of the General Assembly.

Coastal storm risk management

With severe weather events and rising tidal waters negatively impacting the commonwealth, lawmakers directed JLARC to study how localities and other non-federal partners contribute to the cost of coastal storm risk management studies.

The Norfolk Coastal Storm Risk Management study is estimated to cost the city $2.6 billion, according to the House Joint Resolution 434, sponsored by Del. Michael Feggans, D-Virginia Beach. The resolution also states that the Metropolitan Washington, District of Columbia Coastal Storm Risk Management Feasibility Study, which covers Northern Virginia, is estimated to cost localities $15.2 million. The cost of three studies for Virginia Beach, Northern Virginia and the Virginia Peninsula are ongoing, but are “expected to result in significant and comparable cost-implementation estimates,” the resolution states.

The study will also assess the need for a dedicated fund to streamline cost sharing, “enhancing local participation in flood mitigation and strengthening Virginia’s climate resiliency,” the lawmaker said during a House Rules Committee hearing during the recent General Assembly session.

“As coastal flooding intensifies, we must establish a fair, sustainable funding methodology to protect communities to ensure equitable access to resources,” Feggans said.

Researchers shall submit their second and final-year findings by Nov. 30, 2028.

by Nathaniel Cline, Virginia Mercury

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